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2021-12-21 Council agenda packet CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA mDecember21, 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 December 7, 2021 City Council Minutes b. Approve the December 7, 2021 Council Closed Session Minutes c. Approve the December 13, 2021 Council Work Session Minutes d. Acknowledge the November 9, 2021 Parks and Recreation Commission Minutes e. Approve Council Meeting Dates for 2022 f. Approve Resolution 2021-99 Somerset Sanitary Sewer Realignment— Final Payment and Acceptance g. Approve Purchase Order for Pagel Pond Bridge Deck Replacement h. Approve Resolution 2021-102 Application for FY 2021 Dakota County Community Development Block Grant Funding i. Approve Resolution 2021-101 Memorandum of Agreement and Authorizing Participation in National Opioid Settlements j. Acknowledge October 2021 Par 3 Financial Report k. Approve Resolution 2021-100 Accept Donation for Parks and Recreation I. Approve the Designation of a Floating Holiday for Non-Union Staff m. Approve Resolution 2021-103 Adopting the 2022 Pay Classification Plan for Non-Union Employees n. Approve 2022-2023 Minnesota Public Employees Association Labor Agreement o. Approve 2022 Seasonal Pay Matrix p. Approve the November Building Activity Report q. Approval of Claims List 6. Citizen Comment Period (for items not on the agenda) *See guidelines below 7. Public Hearings - none 8. New and Unfinished Business a. Approval of 2022 Field and Facility Use Fees 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 S 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." page 3 5a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 7, 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, Mazzitello, and Miller were also present. Councilor Paper was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. OATH OF OFFICE—POLICE OFFICERS AND POLICE SERGEANT Police Chief Kelly McCarthy stated that the Council is asked to do a ceremonial swearing in of Police Officers Kyle Pagel and Beau Jacobson and Sergeant Phil McCarty. Mayor Levine completed the ceremonial swearing in of the Officers. Councilor Duggan congratulated Police Chief Kelly McCarthy for the addition of two new Police Officers and the promotion of a Sergeant. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling items b., d., g., and p. page 4 a. Approval of November 15, 2021 Council Work Session Minutes c. Acknowledge September 8, 2021 Airport Relations Commission Meeting Minutes ,a n pp Resolution lution 2021 94 City Commission Reappointments e. Approve Tobacco License Renewals for 2022 f Approve Resolution 2021-97 Designating Polling Places for 2022 h. Approve Resolution 2021-95 Accept the Redistribution of Unrequested Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act i. Approve Resolution 2021-96 Accept Bids and Award Contract for the Mendota Heights Road Sanitary Sewer CIP Project j. Authorizing Professional Services Contract Change Order to TKDA for the Marie Avenue and Wesley Lane Neighborhood Improvement Project k. Approve Resolution 2021-93 Authorizing the Donation of Bicycles and Bicycle Components 1. Approve 2022-2023 Labor Agreement with Law Enforcement Labor Services, Inc. Local #76 m. Authorize Purchase Order for Covered Dugouts at Mendakota Park n. Approve Field and Facility Use Policy Revisions o. Authorize Sale of Police Department Vehicles and Replace Police Chiefs Fleet Vehicle P• Appr-ave the Renewal of a Mendota Heights Par-3 Senior-Golf Pass for-2022 q. Approve October 2021 Treasurer's Report r. Acknowledge October 2021 Fire Synopsis s. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS B) APPROVAL OF NOVEMBER 16, 2021 CITY COUNCIL MINUTES Councilor Duggan stated that he requested and received information from staff delineating potential answers related to density in a Planned Unit Development as discussed at the last Council meeting. He referenced the New and Unfinished Business section of the November 16, 2021 Council minutes related to the wetlands permit. He noted that he suggested the creation of a welcome basket that would contain educational information for homeowners. He believed that the Council should authorize that in the future. He commented that the creation of an MU-PUD was created in 2001, when he was not on the Council. He stated that he is bothered that there are rules and regulations that are sometimes ignored by a developer. He stated that he may have additional questions at the next meeting, after reading the information provided to him by staff. Mayor Levine commented that it seems that these are issues that are not related to the minutes. She stated that the minutes are reflective of the comments made at the meeting and this would be the time to address any changes to the minutes. December 7, 2021 Mendota Heights City Council Page 2 of 9 page 5 Councilor Duggan referenced page 16, the bottom paragraph, the 8th line, noting that is an important statement and going forward that could be detrimental to the developer, if the minutes are adopted as presented. City Attorney Elliott Knetsch stated it would be the decision of the Council whether to approve the minutes as presented or table the minutes. Councilor Duggan could also propose an amendment to the minutes. Councilor Duggan stated that he would be unsure of what the amendment would be. He stated he would prefer to table the minutes until that statement could be verified. City Administrator Cheryl Jacobson asked the intent of Councilor Duggan, specifically if he would like additional clarification of the statement or if he would like it confirmed that the statement was made. Councilor Duggan commented that he does remember that statement being made but believes that there could be clarification. City Administrator Cheryl Jacobson stated that the statement was made and therefore it is an accurate statement in the minutes. Councilor Duggan moved to approve NOVEMBER 16, 2021 CITY COUNCIL MINUTES. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 D) APPROVE RESOLUTION 2021-94 CITY COMMISSION REAPPOINTMENTS Mayor Levine thanked those that accepted reappointments to three-year terms on the Planning Commission, the Parks and Recreation Commission, and the Airport Relations Commission. She stated that there will be an opening on the Parks and Recreation Commission. Councilor Duggan expressed thanks to Goldade. Mayor Levine moved to approve RESOLUTION 2021-94 CITY COMMISSION REAPPOINTMENTS. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 G) ACCEPT FIREFIGHTER RESIGNATION Councilor Miller expressed gratitude to Joe Ahlstrom for his service to the community. He stated that Joe is a great team player with a great deal of knowledge and he will be missed. Mayor Levine wished Mr. Ahlstrom well in his endeavors. December 7, 2021 Mendota Heights City Council Page 3 of 9 page 6 Councilor Miller moved to accept the FIREFIGHTER RESIGNATION. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 P) APPROVE THE RENEWAL OF A MENDOTA HEIGHTS PAR 3 SENIOR GOLF PASS Councilor Duggan commented that the cost of$200 for a yearly Par 3 Senior Golf Pass may be a little high and suggested a cost of$150. Councilor Miller asked and received confirmation that this is a pass for the season. Councilor Mazzitello believed the cost was accurate as it is an unlimited season pass. Mayor Levine noted that the Parks and Recreation Commission discussed this in detail. She noted she feels this is a good deal. She stated that she prefers to follow the recommendation of the Commission. Councilor Mazzitello moved to approve THE RENEWAL OF THE MENDOTA HEIGHTS PAR 3 SENIOR GOLF PASS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Bob Klepperich, 1092 Vale Drive, commented that his home is near a group home located at 2031 Victoria Road and they have been a wonderful neighbor. He stated that Dakota County is moving forward with the purchase of the facility to house juveniles who have committed crimes. He stated the facility would not be secured and could pose a threat. He stated that many of the neighbors are not in favor of this and the change in use would have a negative impact on their property values. He asked that the City and County communicate with all citizens and not just those within 1,000 feet of the group home. He asked whether there is anything the City could do to protect its citizens from this action. Councilor Duggan stated that perhaps the number of occupants allowed could be discussed. He stated that he does support the idea in some concept and the City should find out what controls it would have. Mayor Levine stated this has been discussed for the last six months. She stated that city staff is advocating for the City in a meaningful and impactful manner. City Administrator Cheryl Jacobson noted that the City has worked with the County on the plans for a youth shelter and noted that the City Attorney has opined on what would be an allowed use for this site. She noted it would be helpful to have county staff attend a future meeting to provide additional details. December 7, 2021 Mendota Heights City Council Page 4 of 9 page 7 PUBLIC HEARING A) ORDINANCE NO. 571 APPROVING AMENDMENTS TO THE FEE SCHEDULE FOR 2022 1) APPROVE THE SUMMARY PUBLICATION OF ORDINANCE NO. 571 City Clerk Lorri Smith explained that the Council was being asked to hold a public hearing and then amend the fee schedule for 2022. She noted the proposed changes to the fee schedule included increasing the cost of a wetlands permit for residential, commercial and industrial properties. The police department proposed to increase the cost of providing a CD/DVD with data to the public. Councilor Mazzitello moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Councilor Duggan referenced the proposed increase for a wetlands permit to $300, noting that the increase of$150 seems to be significant. Community Development Director Tim Benetti replied that wetland permits have become more challenging and the increase would be reasonable to account for additional staff time needed for review. Councilor Duggan suggested increasing the fee to $200 instead of the proposed $300. Councilor Mazzitello stated that in the coming months, new language will be added to the zoning ordinances from the newly adopted Comprehensive Plan. He asked if any of those anticipated changes were factors in the increased cost. Mr. Benetti replied that was part of the reason for the proposed increase. He stated that if a Natural Resources Commission takes part in the review, that would cause additional staff time as well. He stated that escrow is held as a security measure to ensure the erosion measures are in place and the ground has been restored. Councilor Mazzitello commented that he supports the fees as proposed. Councilor Miller agreed and stated that additional staff time would be needed to maintain the wetlands correctly and the cost for an application should be increased to cover the costs. Councilor Duggan asked if there are ever times the full escrow has not been returned. Mr. Benetti commented that in most cases the full deposit is returned. He stated that escrow has been used when the opinion of the City Attorney is needed. December 7, 2021 Mendota Heights City Council Page 5 of 9 page 8 Councilor Duggan commented that he would see $200 as reasonable, noting that if needed the cost could increase to $300 the following year. He asked if city staff has ever received a complaint about the fee. Mr. Benetti stated that he has never received a complaint about the cost for a permit. Councilor Mazzitello moved to adopt ORDINANCE NO. 571 AMENDING THE FEE SCHEDULE FOR 2022 as proposed. Councilor Miller seconded the motion. Ayes: 3 Nays: 1 (Duggan) The Council considered the summary publication of the ordinance. It was noted that approval of the summary publication needs a 4/5 vote of the Council. Mayor Levine asked that this motion be adopted unanimously as the ordinance was now adopted and this would be for publishing the approved ordinance. She noted that four votes of the Council would be needed to support this action. Councilor Mazzitello moved to approve THE SUMMARY PUBLICATION OF ORDINANCE NO. 571. Councilor Miller seconded the motion. Ayes: 3 Nays: 1 (Duggan) Ms. Smith commented that since the vote to approve the summary publication failed, the full ordinance will then be published in the Pioneer Press. Councilor Mazzitello asked the cost difference of publishing the full ordinance rather than the summary. Finance Director Kristen Schabacker commented that the cost would be substantially higher. She noted that a summary publication has a cost of about $30, whereas the financial report published each year is not quite a full page of the newspaper has a cost of approximately $800. Councilor Mazzitello noted that the failed motion to publish the summary would then result in a cost 20 to 30 times higher. Councilor Duggan commented that the Council could always consider reviewing the ordinance as he suggested it be. NEW AND UNFINISHED BUSINESS A)RESOLUTION 2021-98 APPROVE FINAL 2021 TAX LEVY COLLECTIBLE IN 2022 AND ADOPT PROPOSED BUDGET FOR 2022 Finance Director Kristen Schabacker explained that the Council was being asked to adopt the final budget and levy for Fiscal Year(FY) 2022. December 7, 2021 Mendota Heights City Council Page 6 of 9 page 9 Mayor Levine referenced the increase of 1.47 percent in the Police Department budget and asked for clarification. Ms. Schabacker explained that a Community Service Officer position was eliminated which is one reason why the increase is proposed at less than three percent. She stated that the position had been vacant. Councilor Duggan referenced the funds allocated to update the zoning code and asked if that could be done in-house with staff. Ms. Schabacker commented that the duties will be split between in-house staff and a consultant, which accounts for the budgeted amount of$50,000. Councilor Duggan asked for clarification on the tax abatement. Ms. Schabacker explained that tax abatement bonds were used to finance the Marie Avenue project. Councilor Duggan commented that he was impressed with the lower increase for the Police Department. He asked how much in funding has been received from the federal sources, such as CARES Act funding. Ms. Schabacker commented that those funds would not be reflected in the general fund or levy and would be separated into their own fund. She commented that half of the $1,100,000 was received in August and the Council just accepted an additional $19,000 earlier in the meeting tonight. She commented that those funds can be used for specific things and will be determined. Mayor Levine thanked staff and the Council for a smooth budget process. She commented that about half of the budget is public safety and about one quarter is public works. She commented that she is proud this budget also reflects depreciation in order to plan for future equipment needs. She commented on the needs of the Police Department and also commended the volunteer Fire Department. She commented that Public Works and Parks and Recreation also do great jobs. She also commended the administrative staff and all the employees that work behind the scenes. She believed that this budget reflects the values of the City. Councilor Duggan moved to approve RESOLUTION 2021-98 APPROVING FINAL 2021 TAX LEVY COLLECTIBLE IN 2022 AND ADOPTING PROPOSED BUDGET FOR 2022. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 RECONSIDERATION OF THE SUMMARY PUBLICATION OF ORDINANCE NO. 571 Councilor Duggan stated that he would like to reconsider his vote on the summary publication in order to save funds. He offered to change his vote in order to provide a unanimous vote and pass that action. City Attorney Elliott Knetsch stated that if Councilor Duggan would like to reconsider, he could make such motion as he opposed the vote. Councilor Duggan moved to reconsider THE SUMMARY PUBLICATION OF ORDINANCE NO. 571. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 December 7, 2021 Mendota Heights City Council Page 7 of 9 page 10 Councilor Mazzitello moved to approve THE SUMMARY PUBLICATION OF ORDINANCE NO. 571. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events. COUNCIL COMMENTS Councilor Mazzitello noted that the Council will hold a work session on December 13th to hold a community conversation regarding the At Homes Apartments LLC development proposal for Lot 7 at The Plaza. He stated that this meeting is designed to help the City paint the picture of what it would like to ask the developer for in that project. He stated that the purpose is to deliver an `ask' to the developer rather than simply rejecting their proposal. Councilor Mazzitello stated that 80 years ago today the United States was pulled into the Second World War. He commented that the heroes that were created that day and the four years that followed cannot be thanked enough. He acknowledged all of the World War II veterans and thanked them. Councilor Miller stated that he is the byproduct of someone that saw those actions at age 16. Councilor Duggan commented that the Council often does not share the good points of the things they do. He stated that he received comments from a resident that did not like his behavior at the last meeting and felt he was being tough on Councilor Mazzitello. He stated that he had a follow up conversation with Councilor Mazzitello and apologized for any lack of formality as a Council member. He commented that walkers should be wearing reflective clothing or carry lights in the evening hours to ensure visibility by drivers. He mentioned the possibility of working with West Saint Paul on a shared ice rink. He asked that the Council be supportive of allowing members to participate remotely, noting that he will be in Arizona and would otherwise miss some meetings. Mayor Levine congratulated the newest Police Officers and Police Sergeant, expressing appreciation for their service. She commented on the holiday light recycling bin, the food donation bin, and the toy drive currently taking place at City Hall. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 December 7, 2021 Mendota Heights City Council Page 8 of 9 page 11 Mayor Levine adjourned the meeting at 7:39 p.m. Stephanie Levine Mayor ATTEST: Lorri Smith City Clerk December 7, 2021 Mendota Heights City Council Page 9 of 9 page 12 CITY OF MENDOTA HEIGHTS 5b. DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Closed Session Held December 7, 2021 Pursuant to due call and notice thereof, a meeting of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 5:15 pm. Councilors Duggan, Mazzitello, and Miller were also present. Councilor Paper was absent. CLOSED SESSION TO DISCUSS ATTORNEY/CLIENT PRIVILEGE MATTERS A motion was made by Councilor Mazzitello, seconded by Duggan, to adjourn to a closed session pursuant to Minnesota Statutes, Section 13D.05, Subdivision 3(b)to discuss matters permitted by the attorney-client privilege relating to the pending lawsuit entitled "Lawrence C. Culligan et. al. v. City of Mendota Heights". The motion passed 4-0. Mayor Levine adjourned to a closed session of the City Council at 5:16 pm. Those present in the closed session included Mayor Levine, Councilmembers Duggan,Mazzitello, and Miller. Also in attendance were City Administrator Cheryl Jacobson, Attorney James Thomson, Attorney Michelle Weinberg, City Attorney Elliott Knetsch, Community Development Director Tim Benetti, and Public Works Director Ryan Ruzek. A motion was made by Councilor Mazzitello and seconded by Councilor Duggan to adjourn the closed meeting and to return to the open meeting at 5:45 pm. The motion passed 4-0. ADJOURN Mayor Levine adjourned the meeting at 5:47 pm. Stephanie Levine, Mayor Lorri Smith, City Clerk page 13 5c. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held December 13, 2021 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 4:00 pm. Councilmembers Paper, Duggan, and Mazzitello were present. Councilor Miller was absent. City staff present included City Administrator Cheryl Jacobson, Assistant City Administrator Kelly Dumais, Community Development Director Tim Benetti, Public Works Director Ryan Ruzek, and City Clerk Lorri Smith. Meeting facilitator Jeffrey Hamiel was also present. COMMUNITY CONVERSATION REGARDING PHASE III DEVELOPMENT OF AT HOMES APARTMENTS AT MENDOTA PLAZA Mayor Levine welcomed members of the community to the meeting for a community conversation regarding the Phase III development of At Homes Apartments. The Council was looking for specific ideas which would improve the development plans for Lot 7, proposed to be a multi-family residential development by At Homes Apartments LLC. Additionally, the Council was seeking specific ideas for improving the Mendota Heights Plaza area. The Council was looking for ideas that could be passed along to the developer of Lot 7 and the owner of The Plaza. Councilors Mazzitello and Duggan informed the audience that they are working with the developer At Homes Apartments LLC to come up with a revised development plan for Lot 7. They are looking for ideas of what the public wants to see on that site. Councilor Mazzitello gave a description of the current proposal. The building is proposed to be a four story, 89 unit apartment building. Meeting facilitator Jeffery Hamiel asked for comments from the audience members. Comments received from the public included the following: Lot 7 -prefer a restaurant on this site -prefer more open green space - set the building back 25 feet from the curb -reduce the overall size of the building -lower the building height to three stories - apartments do not create a pleasant feeling for the area -this site has a lot of potential for expansion -find something that is a good fit page 14 The Plaza site - create a more holistic experience - add a public gathering space - need a reason to go there - add more green space - add new dining opportunities - add bike parking and bike paths leading to the trail - add electric vehicle charging stations - create one way direction of travel around the site for a better traffic now - improve the pedestrian crossing at Dodd Road - create a warm and inviting feel to the site Councilors Mazzitello and Duggan thanked the community members for attending and for the input. They will be meeting with the developer to propose amendments to the development plan for Lot 7. ADJOURNMENT There being no further business, Mayor Levine adjourned the meeting at 5:45 p.m. Stephanie Levine Mayor ATTEST: Lorri Smith, City Clerk December 13, 2021 Council Work Session Page 2 page 15 5d. CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING NOVEMBER 9, 2021 The November meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, November 9, 2021, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order—Chair Steve Goldade called the meeting to order at 6:39 p.m. 2. Roll Call —The following Commissioners were present: Chair Steve Goldade, Commissioners: Jaffrey Blanks, Patrick Cotter, Bob Klepperich, Stephanie Meyer, Dan Sherer and Amy Smith; absent: none. Student Representative: Nico Hess. Staff present: Recreation Program Coordinator, Meredith Lawrence and Assistant City Administrator, Kelly Dumais. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Motion Klepperich/second Blanks, to approve the agenda. AYES 7: NAYS 0 5.a Approval of Minutes from October 6, 2021 Worksession Meeting Motion Blanks/second Klepperich to approve the minutes of the October 6, 2021 Parks and Recreation Commission Worksession Meeting. AYES 7: NAYS 0 5.b Approval of Minutes from October 12, 2021 Regular Meeting Motion Cotter/second Smith to approve the minutes of the October 12, 2021 Parks and Recreation Commission Regular Meeting. AYES 7: NAYS 0 6. Citizen Comment Period (for items not on the agenda) Adam Crepeau, a Douglas Road resident, and Tom Stevens, of 837 Cheri Lane, stated that they are members of the Mendota Athletic Association (MHAA) Board who attended the last meeting to share requests for field improvements. He stated that they are present to determine if there are follow up questions and to determine if there has been any progress or decisions made since that time. Tom Stevens stated that one of their big takeaways from the last meeting was their desire to book Mendakota for weekends in advance. Recreation Program Coordinator Meredith Lawrence stated that she does not have any updates to provide at this time. She stated that dugouts for all four fields at Mendakota is still in progress, but they have not yet had the ability to receive three quotes, which is recommended by City's Procurement Policy. She stated that if three quotes cannot be obtained, staff would still bring the item back to the Council, but she would prefer to receive three quotes. She stated that there is not sufficient budget to level and surface all the fields in 2021 but noted that Mendakota was completed. She stated that she is in the process of obtaining quotes for the mop sink and handwashing sink. She noted that the mound request for Victoria Highlands is on the agenda tonight and will move forward to the City Council. She stated that many of the requests received from the association require City Council approval and were not budgeted for 2022. She stated that now that those items are on the radar, they can include them in future page 16 budgeting discussions. She referenced the field and facility use policy amendment requested and noted that item is on the agenda tonight and noted that she hopes to bring that forward to the City Council as well. She noted that the request to be able to book weekends at Mendakota in January was included in the staff report. Chair Goldade asked when the Council would be reviewing the field and facility use policy. Ms. Lawrence stated that staff is working to schedule a worksession for Monday, November 15th. She noted that agenda has not yet been finalized. She noted that the item would go before the City Council prior to the end of the year. Commissioner Klepperich asked if the Commission would be able to make a recommendation on that item tonight. Ms. Lawrence confirmed that would be part of the agenda item. Commissioner Sherer asked if the dugout requests for the three other fields would be considered tonight. Ms. Lawrence noted that would come before the group at a future meeting as it was not included on the agenda. She noted that item would be included on the December agenda. Commissioner Cotter commented that he would assume something more specific has been provided related to the request for the ability to book weekends at Mendakota. Ms. Lawrence asked for clarification on what would have been provided to who. Commissioner Cotter commented that it is his understanding that these two gentleman are present tonight primarily to address the request for more weekend tournament options. He stated that he heard a comment that a list of things was sent. He asked if something specific was provided from the association. Mr. Stevens stated that they have a list of the specific weekends they would like to book but have waited to submit the request until they knew if earlier booking would be allowed. Commissioner Cotter commented that it was his understanding that specific tournaments have an earlier deadline for requests and confirmed that the association has those dates available. Chair Goldade asked for input on the potential timeline and whether that would align for the association. Ms. Lawrence stated that if the item is included on the November 15th worksession, it would then follow at the December 7th regular Council meeting for first review. Mr. Stevens stated that if they can market the tournaments in January that would be sufficient. Chair Goldade stated that he was pleased to see the agenda items tonight that relate to the input received from the association at the last meeting. 7. Acknowledgement of Reports page 17 Chair Goldade read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Recreation Program Coordinator Meredith Lawrence briefly reviewed the report. She stated that over 15,000 rounds of golf were played this season which is the most rounds she is aware of in her time with the City. She reported that the course officially closed today, November 9, for the 2021 season. She stated that there has been some discussion related to the equipment she requested, noting that the Council approved the preliminary purchase of the equipment. She stated that golf course equipment, like many things, is in demand and hard to get your hands on. She stated that she has been able to order the equipment and final approval would occur with the final adoption of the 2022 budget by the Council. She noted that two pieces of equipment would be fully funded by the golf course account and explained that her goal is to eventually have the course fund itself entirely. Student Representative Hess asked if the rounds of golf were tracked by age group, specifically between adults and youth. Ms. Lawrence stated that she can provide that information at the next meeting. Chair Goldade congratulated staff on the historically high number of rounds this season. He welcomed the new staff member. Assistant City Administrator Kelly Dumais introduced herself. 7.b Recreation Update Recreation Program Coordinator Meredith Lawrence provided a summary of the report including Tour de Rec. She stated that the Superhero Masquerade event has been canceled. She recapped the Trick or Teeing event, which was overwhelmingly successful. She noted that they planned for 150 to 200 people attending the event but estimated about 1,200 people attended the event. She provided an update on the bonfire that was hosted by the Fire Department and noted that they are working to finalize the programming for 2022. Commissioner Sherer commented that pickleball has been very popular and asked if that has been a consideration for programming. Ms. Lawrence confirmed that there would be a ribbon cutting at Friendly Hills in the spring. She stated that they are also planning to host an event and would like to offer lessons. Commissioner Meyer commented that the Trick or Teeing event was incredible and congratulated staff on the success. She commented that the nice weather may have contributed to the number of people that participated. 7.c Parks Improvement Update Recreation Program Coordinator Meredith Lawrence stated that the pickleball courts at Friendly Hills have been very well received. She stated that they have received requests to turn the lights on at Friendly Hills. She stated that the nets would remain at Friendly Hills and Marie Park until it snows. She stated that they are awaiting information from the architect to bid the Wentworth warming house project. She stated that Mendakota grading has been completed and staff is still waiting to finalize the dugout project as previously mentioned. She recognized page 18 that the Ivy Hills project is a little behind, therefore trails will not be completed until the spring. She stated that no changes have been made to the project, it is just running behind. Commissioner Sherer asked if there is an update to the miscellaneous field repairs he had previously mentioned earlier this summer. Ms. Lawrence commented that the work has not been completed as staff has been busy. She stated that they are hoping to place the fields on a rotating plan for maintenance, rather than expending large amounts of money at once. She stated that the grading at Mendakota was $20,000 for four fields, so about $5,000 per field. Student Representative Hess asked if there has been any change with the lighting of the pickleball courts. Ms. Lawrence noted that item is on the agenda tonight and she has received positive feedback thus far. She stated that the Commission will be asked to make a recommendation tonight. Commissioner Cotter stated that the Commission previously wanted to make a recommendation on the dugouts for Mendakota and the other three fields. He asked if it will continue to be presented that the Commission recommends the work be done on all the fields recommended and not just Mendakota. Ms. Lawrence noted that it is her understanding that the fields recommended by the Commission are the not same priority given by MHAA, therefore she wants the Commission to review and discuss that before making that presentation to the Council. Motion Klepperich/second Meyer to acknowledge the staff reports. AYES 7: NAYS 0 8. New Business 8.a Mound Request for Victoria Highlands Recreation Program Coordinator Meredith Lawrence stated that at the October meeting, MHAA presented an overview of their spring and summer programs along with a list of desired improvements. She noted that one request was to add a pitching mound to Victoria Highlands. She stated that the field has been used for softball and baseball and is also used for other sports such as kickball. She stated that the City currently has two fields with pitching mounds. She stated that in speaking with City staff and neighboring communities there are some things that should be considered. She stated that once a mound is installed, it takes the field offline for softball use. She noted that baseball can utilize portable mounds, which are provided by the association and not the City. She stated that although a mound would make that field a premier location for baseball, it would remove it as an option for softball. She stated that once a mound is installed, it is very difficult to remove. She stated that fields with infield turf tend to be more suitable for a field with a mound. She stated that staff estimates a cost of$4,500 to install a mound, which would include a "fluff and buff' of the infield of that site. She stated that the request was not included in the 2022 budget and MHAA has not volunteered to contribute the funds. She stated that in speaking with the City Administrator, because of the scope of the project, the maintenance fund would need to be used and the Special Parks Fund could not be used. She asked the Commission to review the request and provide a recommendation. Commissioner Sherer stated that to his knowledge the request originated in August. He noted that some of the parents and coaches for the travel baseball teams use Hagstrom, where there page 19 is a mound, and that age group next moves to Victoria Highlands, without a mound, and then to Civic Center, which has a mound. He stated that his son plays travel baseball and in visiting other communities, Mendota Heights is behind the curve in its amenities compared to the level at which the teams compete. He stated that to his knowledge the mound at Hagstrom was made by parents and the same offer was made by MHAA to have parents made the mound at Victoria Highlands, but the City preferred to use a contractor. He confirmed that portable mounds are used at fields without a permanent mound, but those are effectively permanent for the season. Chair Goldade stated that it would seem to make sense to have the younger children start at Victoria Highlands, where there is not a mound and then transition to the fields that have mounds. Commissioner Sherer commented that it has to due with field dimensions. It was noted that Hagstrom King is a smaller field. Commissioner Blanks asked the proportion of use for the field between softball and baseball. Ms. Lawrence stated that based on the invoices from this past season, there were 223 baseball athletes, 128 travel baseball athletes and 101 softball athletes. Commissioner Sherer stated that to his knowledge Victoria Highlands was not used by softball and did not believe there were plans to do so. Tom Stevens, MHAA, confirmed that softball does not use that field as it is primarily used for baseball. He stated that MHAA uses certain fields for baseball and certain fields for softball. Commissioner Sherer stated that softball prefers shorter outfields and has different base settings. Ms. Lawrence stated that base locations can be changed based on the user. She stated that adult softball only uses Mendakota. She stated that the numbers she provided are only for MHAA athletes for all of the fields they reserve. Mr. Stevens provided details on the anticipated field use between softball and baseball. He stated that if Victoria Highlands were made a baseball field, they would still have equity in the other fields to support the use of baseball and softball. Commissioner Klepperich commented that he has visited fields in other communities where portable mounds are kept on the side and wheeled out for the game and removed after the game. Commissioner Sherer confirmed that there are more portable mounds available and MHAA is discussing the potential to upgrade equipment. He noted that there is still effort to get the equipment on the field, balance, and level the mound. Commissioner Meyer stated that she appreciates the coaches that help out with MHAA. She stated that it is a lot of work to be a coach and then it is additional work to setup a mound. She stated that there is a lot of work MHAA does that she considers above and beyond for an organization run by parents. She stated that she supports the request, and the City should be willing to make contributions as well. page 20 Chair Goldade asked if this request were changed from this field to a field at Mendakota. Ms. Lawrence stated that could be an option to discuss but that would limit the ability to host softball tournaments on all four fields and would also limit adult softball. Commissioner Blanks commented that it would appear easier to place the mound at Victoria Highlands then in order to avoid softball use at Mendakota. He asked if MHAA would be willing to contribute towards the cost for this improvement. Ms. Lawrence stated that she has not been made aware of that option. Mr. Stevens commented that they would be willing to participate in the cost. Chair Goldade stated that the Commission could include that as part of the motion, perhaps a suggestion for a matching cost between the City and MHAA. Commissioner Klepperich stated that once a mound is built, it needs to be maintained on a regular basis and would need a tarp. Commissioner Sherer commented that Mendakota has flexibility to host baseball, softball, and different age ranges. He confirmed that he would prefer the mound at Victoria Highlands rather than Mendakota. Motion Sherer/second Meyer to recommend approval of the installation of a pitcher's mound at Victoria Highlands. Further discussion: Commissioner Cotter stated that he would request that the motion be amended to include a monetary contribution from MHAA and that there be a commitment by MHAA to maintain the mound including the tarp that would be necessary. Ms. Lawrence asked that the contribution be clarified. Commissioner Cotter stated that he would ask that MHAA provide half the cost, so that the improvement cost is split between the City and MHAA. Commissioner Sherer suggested that MHAA provide the materials. Ms. Lawrence stated that staff would recommend the cost be paid as a contractor would be paid for that work and materials. Commissioner Sherer stated that seems like a lot of money for a small six-inch mound. Chair Goldade asked if Commissioner Sherer would accept the amendment. Commissioners Sherer and Meyer accepted the amendment to the motion. Commissioner Smith asked if MHAA maintains the mounds at Hagstrom and Civic Center. Ms. Lawrence replied that for the most part MHAA maintains those mounds. page 21 AYES 7: NAYS 0 8.b Review of Marie Park Light Trial Program Recreation Program Coordinator Meredith Lawrence stated that the packet included background information on the pilot program for fall light use to allow nighttime pickleball play at Marie Park. She stated that the program ran through September and October in the trial format agreed upon by the Commission and City Council. She stated that she received five comments in support of continuing the program. She stated that throughout the entire program she did not receive any complaints about the lights. She asked the Commission to review the program and determine if they would like to continue a program for 2022. She stated that if the Commission would like to implement a similar program at Friendly Hills, she would recommend following a similar process to engage the residents adjacent to the park. Commissioner Sherer asked if the hockey rink lights turn off at 8:00 p.m. during the winter months. Ms. Lawrence replied that hockey lights are on until 9:00 p.m. with the exception of Sundays when lights turn off at 6:00 p.m. Commissioner Sherer asked if there are complaints about the hockey lights. Ms. Lawrence replied that she is not aware of any such complaints. Commissioner Klepperich asked if there were any complaints related to lighting of the basketball court. Ms. Lawrence replied that she was not aware of any complaints and actually received positive input from youth users on the ability to use the courts later. Chair Goldade stated that it has been referenced that Council members stated that Marie Park was busier. He noted that some citizens are concerned with the amount of use at Marie Park in general. Ms. Lawrence commented that some residents are concerned with the amount of traffic at Marie Park. She commented that there are a lot of new facilities at Marie Park and people tend to go where things are new. She stated that there are also only two parks with pickleball courts in the community. Chair Goldade asked if the discussion should focus on Marie Park and whether a trial could be discussed for Friendly Hills in the spring. Ms. Lawrence stated that if a trial is going to be done at Friendly Hills, she would recommend following the same process they did for Marie Park, first engaging residents within 500 feet. She stated that community engagement is very important and therefore she would want to continue to follow that format. She stated that if the Commission is interested, she would like the recommendation on that tonight in order to bring that forward to the Council and begin engaging residents. She commented that this is a hot topic, and she has received calls from residents, mostly related to Marie Park. Chair Goldade asked if Commissioner Sherer was suggesting a shift from 8:00 p.m. to 9:00 p.m. or whether that was just something he was asking. page 22 Commissioner Sherer confirmed that if there have been no issues for hockey, he would suggest the same time for pickleball. Commissioner Smith stated that in reviewing sunset times, that would only be an additional hour after sunset in April and May. Commissioner Blanks stated that he would support continuing the program with the hours of 5:00 to 9:00 p.m. Monday through Friday. Ms. Lawrence noted that in the trial program the lights were on seven days per week. Student Representative Hess asked if the program would include lighting of the pickleball and basketball court areas. He asked if the same would be done if the program is expanded to Friendly Hills. Ms. Lawrence confirmed that the Commission would need to make that determination for Marie Park. She was unsure that the lighting would assist in basketball at Friendly Hills because of the location of the lights. Chair Goldade suggested removing the specific date for the springtime and instead using the stipulation of when the ice and snow is gone, allowing lights to remain on until 9:00 p.m. He stated that would end on June 14th and the program would begin again September 15th until there is an accumulation of snow. He asked for input from staff on that suggestion. Ms. Lawrence stated that there could be snow in October as well. She stated that she is fine with that language as it provides flexibility. She stated that she would also like the authority for staff to make the decision on when the program would end. Commissioner Sherer asked if it would be fair to say that the nets are not installed until the snow and ice has melted and therefore perhaps the lights could occur with net installation. Commissioner Meyer commented that it seems there is support from residents to keep the lights on until 9 p.m. Commissioner Blanks noted that staff would also have discretion. Motion Cotter/second Blanks to recommend to the City Council that the same process used for Marie Park be used for Friendly Hills to determine if a pilot light project should be completed for the pickleball courts. AYES 7: NAYS 0 Motion Goldade/second Blanks to recommend to the City Council that the pilot light program at Marie Park continue in the spring to align with net installation and remain on until 9:00 p.m. until sunset surpasses that time in the summer months and commence again in the fall until the nets are removed. AYES 7: NAYS 0 8.c Winter Fest Ideas Recreation Program Coordinator Meredith Lawrence stated that based on input from the Commission and City Council, staff is planning for a Winter Fest event. She stated that the preliminary budget includes an expenditure of$5,000 and if adopted as the final budget, staff would proceed with plans to host the event in early 2022. She asked for input from the page 23 Commission as to what it envisioned the event to consist of. She stated that locations should also be suggested with a thought to available parking. She reviewed activities included in winter events hosted by other communities. Commissioner Meyer stated that she likes the idea of a snow sculpture contest. She also suggested Mendakota because of the available parking and space for sculptures. She stated that perhaps a "maker fair" concept could be incorporated where people could sell arts and crafts. She stated that perhaps food trucks and cocoa could be available. Commissioner Smith stated that an ice-skating loop could be made around the fields at Mendakota. Commissioner Blanks noted that there is also a sledding hill, so that would be a great location. Kickball was also suggested. Commissioner Klepperich cautioned against staging events that would require plowing fields as that can cause significant damage. He did not believe there were heated structures, therefore all events would truly be outdoors. He stated that perhaps a cross country ski event could be hosted at the golf course. He stated that in the past he has been involved in car racing on a lake but did not believe Rogers Lake would be an appropriate location and noted that event is heavily dependent on cold weather. Commissioner Smith stated that perhaps there could be an ice fishing contest on Rogers Lake but was unsure how the aerator would impact the thickness of the ice. Commissioner Cotter stated that perhaps there could be music at the bandshell at Mendakota. Ms. Lawrence asked if any of the Commissioners would be interested in joining a subcommittee. Commissioners Meyer and Smith volunteered. Ms. Lawrence stated that she is aiming to hold the event in February. 9. Unfinished Business 9.a Field and Facility Use Policy/Fee Review Recreation Program Coordinator Meredith Lawrence provided the annual field and facility use policy and fee review. She reviewed the tennis courts policy and related fees, noting that the 2021 changes to rentals have been well received by the community. She highlighted the tournament schedule and related fees including waivers that MHAA was awarded in past years for traveling tournaments. She reviewed the staffing that is allocated and duties that are performed for tournament weekends. She noted that MHAA was present at the last meeting to provide input and made a request to allow tournament dates to be secured in January. She stated that staff will bring forward that request to the City Council at an upcoming worksession and if supported, would be implemented for 2022. She suggested that the Commission provide a vote that she can bring forward to the City Council. Chair Goldade asked if changing the deadline for application submittal from February to January would meet the request of MHAA. He also suggested that all tennis court reservations be eliminated. page 24 Ms. Lawrence stated that staff is requesting an additional staff person for 2022, and part of that discussion is when that person would be added. She stated that reviewing permit requests is time consuming. She stated that at a minimum she would be asking that they find a way for MHAA to get what they need for Mendakota tournaments for 2022. She stated that it would appear that the Commission would support the change for tournament applications. She stated that the tennis court reservation process went well for 2021 but acknowledged that it is a lot of work for her to supervise the courts and some residents are not happy to find a court reserved. Chair Goldade stated that his suggestion is based on access for all in terms of tennis courts and pickleball courts. He commented that residents should be able to use those facilities without having to pay money. He stated that perhaps there can be expectations related to sharing of the courts. Commissioner Smith asked how many times user groups are paying fees for applications. Ms. Lawrence replied that the application fee is paid when the application is submitted to the City at a cost of$25. She stated that if a date is modified within the application timeframe, another fee is not charged. She stated that application fees are charged per application cycle. Commissioner Sherer asked for background on the $5 fee for the tennis courts, noting that it appears to be more work for City staff than it is worth. Ms. Lawrence replied that the fee was instituted in lieu of a $25 application fee for the entire permit period. She explained that under the previous method, coaches were reserving courts for private lessons for a cost of $25 for the entire season which prevented residents from having use. She stated that the change in fee ensured that the reservations were adequately being charged for use. Commissioner Sherer stated that there are people on the pickleball courts every day when he drives past the park, but he has not noticed anyone on the tennis courts. Ms. Lawrence replied that the only courts that were reserved for 2021 were at Marie Park, because they are the nicest courts. She stated that they do plan to resurface the Friendly Hills tennis courts in 2022. Commissioner Blanks asked if there has been negative feedback on the $5 fee. Ms. Lawrence replied that she has not received negative feedback related to the $5 fee by the users, but she has received negative feedback from residents that go to a court only to find out it is reserved and believe they should have access. Commissioner Sherer asked if the public has access to the courts at Two Rivers High School. Chair Goldade stated that it would depend on who is asked and what time of day. Student Representative Hess stated that he is unsure if they can be reserved, but he has noticed people other than students using the courts. Commissioner Meyer asked if removing Section L, related to tennis courts, would impact the ability of the City to provide tennis lessons. page 25 Ms. Lawrence replied that the City has the ability to reserve its own facilities. Commissioner Blanks asked if removing the fee would have an impact on the budget. Ms. Lawrence replied that the City is not making money on those rental fees. She stated that if an additional staff person is added for 2022, she believed staff could handle the reservations for the courts but acknowledged it would be more work if that person is not added. Commissioner Klepperich asked how an instructor would be impacted that wants to make money off the use of the court if the reservation system and fee is eliminated. Ms. Lawrence stated that technically when the Council wrote this policy, it stated that it did not want to allow tennis courts for private lessons, but that is difficult to enforce. She stated that the coaches that have tried to reserve courts have not been able to do so but are still using the courts. She stated that she has had to go to the courts to referee use. Commissioner Sherer asked if there is a sign at Marie Park that says no private lessons. He stated that perhaps that would encourage those users to go elsewhere. Commissioner Blanks asked if it has been considered to add a time limit on a sign. Ms. Lawrence stated that if the Commission wants to ban that activity, it could pursue signage. She stated that time limits are great when multiple people want to use the courts, but when there are not other users it would make sense to allow people to continue to play. Commissioner Meyer noted that there is quite a bit to talk about and would like to move from tennis. She suggested that Section L be eliminated and instead signage be used asking users to limit playtime when others are waiting. Commissioner Klepperich suggested that the action be to eliminate the section at this time and signage could be discussed at a later date. Motion Meyer/second Goldade to eliminate Section L. AYES 7: NAYS 0 Commissioner Meyer referenced the application deadlines and asked if it would be helpful for staff to split out permit requests for Mendakota and leave the deadline for the other permits. Ms. Lawrence agreed that could be a good way to start the conversation with the Council. She stated that there are other user groups that use Mendakota during the year, typically on weekdays, therefore she would want to ensure all applications for that facility are received. Commissioner Blanks asked if input is necessary in terms of fee reduction requests or whether that was just information sharing. Ms. Lawrence noted that was simply provided for information. She stated that the Council did not want the fee schedule to be amended based on the waivers issued. She stated that she is currently working with Dakota County related to recycling and solid waste that may need to be incorporated into the policy. Commissioner Sherer asked if January would be an appropriate date for tournaments. page 26 Commissioner Blanks noted that this will not be considered by the Council until December, so January would be the first available date. Motion Meyer/second Blanks to recommend that tournament permit requests for use of Mendakota for March through July should be due the first business day in January. Further discussion: Commissioner Sherer asked if that would work for MHAA. Mr. Stevens replied that they would also need approval in January. Commissioner Sherer suggested that language be added that approvals be granted by staff within seven to ten days to ensure users have adequate time to market tournaments. Mr. Stevens stated that the leagues ask for tournament requests at this time and therefore MHAA is submitting those at risk. Commissioner Blanks stated that in the future December would be ideal but recognized that January is the best they can do this year. Ms. Lawrence stated that she is the only staff person that can do this work, therefore the seven- to-ten-day deadline makes her nervous in the case she is out of the office. Commissioner Meyer agreed that the amendment is reasonable and noted that staff can provide additional information to the Council. Commissioner Sherer stated that it would make sense for the date to be the first business day in January for 2022, but in the future the date should be the first business day in December. Commissioner Blanks recognized that the change cannot be effective at the desired date for this year, but perhaps the annual review is done earlier in the year next year to allow the change to be made. He suggested only making a recommendation for 2022 at this time. Commissioner Meyer recapped her motion. Commissioner Sherer suggested an amendment to recommend staff review of requests within 14 days. Commissioners Meyer and Blanks accepted the amendment. Chair Goldade asked that the policy be reviewed in September of 2022 in order to make necessary changes for the 2023 season. AYES 7: NAYS 0 Commissioner Klepperich referenced page 50 and language included related to the control of conduct and suggested a grammatical change. Commissioner Sherer stated that he would be interested in discussing fees. He asked why fees are charged at all to MHAA, which is the de facto provider of youth sports and programing in the community. He noted that the t-ball program shifted from being run by the City to MHAA. He page 27 noted that MHAA is predominantly run by parents. He stated that when fees are charged for the fields, that burden falls to the families. He stated that his son played on a metro team this past year and the statement was made that the team does not play in Mendota Heights because it charges for field use. He stated that there are kids that do not sign up for sports because the registration fees are too high. Commissioner Blanks referenced the staff report which shows the cost breakdowns, including the waiver amount for MHAA. He asked if the City could afford to take that structure away or whether the cost structure supports the use of City staff. Commissioner Cotter stated that he has heard the same comments as Commissioner Sherer. He stated that he wants the children in the community to have as much opportunity for the fields and facilities. He recognized that there is a balance that needs to happen to address maintenance and future parks needs. He asked if there has been a comparison to what other communities charge and whether the City's fees are in line with what other communities are doing. Ms. Lawrence stated that there were fees since 1990, but they were never assessed, and Mendota Heights began charging in 2018. She stated that it is very typical for metro cities to charge for field use. She believed that Mendota Heights is actually below the average rate charged by other municipalities. She noted that some cities and school districts charge per hour, per field. She stated that user groups were solicited and preferred that they be charged per played rather than per hour or per field. She stated that the goal for field use fees is not to generate revenue, but to cover the associated costs to ensure that is not a burden supported by the overall community that does not use the fields. She stated that the fees are meant to address needed maintenance. She stated that in 2018 an additional public works employee was added for the purpose of field and facilities at a cost of about $80,000 and the goal was to reimburse about $30,000. She stated that in 2018, $8,000 was reimbursed through fees. She stated that there was a large discussion in 2018 related to the policy. Commissioner Sherer stated that he would view for-profit club sports differently than a non-profit youth sports organization that provides service to the youth in community. He stated that while $7 per player does not seem like a lot, there are other factors. Chair Goldade stated that the process in 2018 took a long time in order to move from fees that were not collected to fees that were collected. He stated that perhaps that issue be studied for 2023 if desired. He stated that his children benefited from the time fees were not collected and noted that he would be interested to know the price difference from MHAA comparing that time to now. Commissioner Smith stated that she has an issue with non-profit community-based organizations, as club sports have community members as well and already pay a higher rate. Ms. Lawrence noted that some of the clubs are also non-profits. Motion Sherer/second Blanks to extend previously approved reductions to MHAA for 2022 and study reductions or eliminations of fees for certain user groups during 2022. Further discussion: Commissioner Meyer stated that she is not clear on the reductions specified in the motion. page 28 Ms. Lawrence stated that she would read that motion to be that the maximum a tournament could be charged for MHAA would be $498, noting that the motion would make a change to that fee structure. She reviewed the current tournament fees charged. AYES 6: NAYS 1 (Klepperich) 9.b Review Senior Golf Pass Recreation Program Coordinator Meredith Lawrence stated that the senior golf pass was offered in 2021 and asked if the Commission would like to continue to offer the pass in 2022. She stated that she is not recommending changes to the golf course fees for 2022. She reviewed the number of punchcards sold in 2021 and provided an overview of the senior golf pass program which began in June of 2021. She stated that she did not sell any senior passes in 2021 nor did she receive any inquiries therefore it would be hard to determine any budget impacts if there were changes. She asked if the Commission is interested in continuing the program for 2022 and if so, what the parameters would be. Motion Goldade/second Meyer to continue the Senior Golf Pass program in 2022 at a cost of $200 for the full golf season with the same parameters as the previous year. Commissioner Smith asked where seniors could find information on the golf pass. Ms. Lawrence reviewed the marketing that was done for the program. Chair Goldade commented that he believes it was a great idea but started late in the season, therefore people chose to continue with the punchcards. He believed that starting the program to run for the full season would provide more accurate information. Commissioner Blanks stated that the statement was made that the price of $200 was chosen because of the shorter season and asked staff for input. Ms. Lawrence explained how the rate was charged. She commented that $200 is very inexpensive compared to annual passes for other courses. Commissioner Blanks asked if there would be a negative impact to not charging enough for the pass. Ms. Lawrence commented that $200 would equate to two punchcards, which is 20 rounds of golf. AYES 7: NAYS 0 9.c Strategic Planning Update Recreation Program Coordinator Meredith Lawrence stated that an update was provided within the packet and provided a brief overview. She stated that this will be discussed at an upcoming Council worksession and noted that she will bring a draft back to the Commission at its December meeting. She stated that staff is working to get the volunteer program moving. Commissioner Sherer asked for details on the budget process. Ms. Lawrence provided an overview of the budget process. She noted that many of the items desired by the Commission were not included in the preliminary budget. page 29 9.d Approval of 2022 Meeting Calendar Recreation Program Coordinator Meredith Lawrence stated that a proposed calendar of 2022 meeting dates was included in the packet, highlighting three changes from the typical schedule; related to other conflicts. Motion Klepperich/second Meyer to approve the 2022 meeting calendar. AYES 7: NAYS 0 10. Staff Announcements Recreation Program Coordinator Meredith Lawrence shared the following announcements: • The City is looking for warming house staff. • A bonding request meeting was held today with legislators, and she highlighted the next steps in that process. • Other events can be found on the City's website 11. Student Representative Update None. 12. Commission Comments and Park Updates Commissioner Sherer • Fall weather has been conducive to extended park activity • The greenspace at Hagstrom King continues to be used for many activities Commissioner Meyer • Agreed that the parks are busy with the nicer weather Commissioner Klepperich • A tennis net was missing, and one was set at a volleyball height at Ivy Hills • The portable restroom at Civic Center has been removed for the season • The improvements at Mendakota are great and the recent project was successful • Thanks to Ms. Lawrence for her continued great work Commissioner Blanks • Kudos to staff for the signage alerting the community to bowhunting activity • The basketball court is heavily utilized Commissioner Cotter • Nothing additional to add Commissioner Smith • Trail repairs were completed at Friendly Hills Chair Goldade • Wished that the City would keep portable restrooms out during the winter months for walkers and runners • Thanked residents near Marie Park for their cooperation during the pilot light program which was successful page 30 • Perhaps the Commission should think of updates that could be done to the marsh near McDonalds to improve that as an amenity with another apartment building being approved 13. Adjourn Motion Klepperich/Second Meyer to adjourn the meeting at 9:04 PM AYES 7: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. page 31 1101 Victoria Curve I Mendo 5e. 651.452.1850 phone I 6 www.mendota-heights.com CITY W of MENGGTA HEIGHTS Request for City Council Action DATE: December 21, 2021 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approve 2022 Schedule of City Council Meeting Dates INTRODUCTION The Council is asked to review and approve the 2022 schedule of City Council meeting dates as listed below. The regularly schedule City Council meetings are the first and third Tuesday of the month. Some of the regularly scheduled meetings need to be changed due to conflicts. Council Meeting Date Meeting Date Rescheduled January 4, 2022 January 18, 2022 February 2, 2022 Precinct Caucuses—moved to Wed February 15, 2022 March 1, 2022 March 15, 2022 April 5, 2022 April 19, 2022 May 3, 2022 May 17, 2022 June 7,2022 June 21,2022 July 5, 2022 July 19, 2022 August 3, 2022 Night to Unite—moved to Wed August 16, 2022 September 6, 2022 September 20, 2022 October 6, 2022 Religious holiday-moved to Thurs October 20, 2022 Religious holiday-moved to Thurs November 1, 2022 November 15, 2022 December 6, 2022 December 20, 2022 RECOMMENDATION It is recommended that the Council review the list of 2022 meeting dates, amend as needed, and approve. ACTION REQUIRED Staff recommends that the City Council make a motion to approve the 2022 City Council meeting dates. page 32 5f. 1101 Victoria Curve I Mendota Heig _. . 651.452.1850 phone 1 651.452.8940 fax www.rrendota•helghts.cornr CITY OF MENDC]TA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: December 21, 2021 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2021-99 Somerset Sanitary Sewer Realignment—Final Payment and Acceptance INTRODUCTION The Council is asked to approve Change Order#1 and Resolution 2021-99 for the Somerset Sanitary Sewer Realignment Project. BACKGROUND Mendota Heights awarded a contract to Northdale Construction Company, Inc. for the Somerset Sanitary Sewer Realignment Project at their April 7, 2021 meeting. The contract work for the project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before the final payment can be issued has been submitted. The project was completed this summer but site conditions and conflicts with existing infrastructure added delays and extra work to the contract. Staff has been in negotiations with the contractor regarding their requested extra payment. DISCUSSION Northdale Construction submitted a change order for eight items they deemed as extra work on the project. Due to the city consultant, TKDA, representing the city and keeping thorough records, staff was able to negotiate on their request. The following is a summary of the request from Northdale Construction. co Total Resolution Percent of request CO 1-Connect to Manhole $7,596.95 $ 0% CO 2-Storm Sewer Hit $1,313.68 $1,313.68 100% CO 3-Temp Storm Sewer $5,986.70 $4,088.06 68% CO 4- Dewatering $8,177.28 $ 0% CO 5- Dewatering $14,343.26 $ 0% CO 6-Storm Repair $3,581.05 $2,910.71 81% CO 7-Storm Restoration $1,566.82 $1,566.82 100% CO 8- Drilling Delay $13,800.00 $6,941.40 50% Totals $56,365.75 $16,820.66 page 33 The contractor discovered a large amount of groundwater near the lowest manhole which required additional dewatering to complete the project, this extra work was denied. The contractor did drill through an unmarked storm sewer on the Somerset School property which staff agreed was not due to the contractor's actions. This storm sewer repair makes up the agreed upon items for the change order. This work required excavating the sewer to make a repair, redrilling at a lower elevation, and restoring the disturbed area. BUDGET IMPACT The contract amount for the Somerset Sanitary Sewer Realignment was $3,600,000; the contract with S.M Hentges is currently $3,177,819.30. The additional work outside of this contract plus the original scope of work would have a new contract amount of$3,340,819.30. This equates to 5.1 percent increase of the contract amount. A review of the project standing at this point is showing a current underspending of$60,000 which may also help with completing the project closer to the original contract amount. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2021-99 "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE SOMERSET SANITARY SEWER REALIGNMENT" ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2021-99 "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE SOMERSET SANITARY SEWER REALIGNMENT" by simple majority vote. page 34 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021 - 99 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE SOMERSET SANITARY SEWER REALIGNMENT WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on April 6, 2021, with Northdale Construction Company, Inc. of Alberville, MN, has satisfactorily completed the improvements for the Somerset Sanitary Sewer Realignment-Project 9202006, 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 $16,820.67, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 21st day of December 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk page 35 59. 1101 Victoria Curve I Mendota Heigli 651.452.1850 phone 1 651.452.8940 fax www.rrendota•helghts.corn of CITYOF ENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: December 21, 2021 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Authorize Purchase Order for Pagel Pond Bridge Deck Replacement INTRODUCTION The Council is asked to authorize a purchase order for replacing of the timber bridge deck at Pagel Pond. BACKGROUND A bridge was constructed as part of the Mendota Heights trail system which connects Bridgeview Court to Havenview Court. The bridge was installed in 1990 and the timber bridge deck is in need of replacement. DISCUSSION The existing timber bridge deck is a specialty lumber that is 3"xl2" treated decking. The bridge is 10 feet wide and 60 feet long and requires 64 planks. The lumber will be purchased from the original bridge manufacturer. Mendota Heights Public Works will remove and dispose of the existing planks and install the new planks with in house resources. This work is planned for winter construction to better access the bridge from below on ice. BUDGET IMPACT The deck replacement is proposed to be funded from the parks maintenance budget. The planks are $142 each which totals $9,656 for 68 planks. There is also a $525 deliver fee for a total price of$10,181.00. RECOMMENDATION Staff recommends that the Council authorize the purchase order for the Pagel Pond Bridge Deck Replacement. ACTION REQUIRED If Council agrees with the staff recommendation, authorize staff to execute a purchase order for the Pagel Pond Bridge Replacement to Contech Engineered Solutions, LLC for $10,181. This action requires a simple majority vote. page 36 5h. 1101 Victoria Curve I Mendota Heights,MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendata-hei ghts.com mCITY OF MENDOTA HEIGHTS Request for City Council Action DATE: December 21, 2021 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving Community Development Block Grant (CDBG) Funding Application through Dakota County—Fiscal Year 2022 INTRODUCTION The City Council is asked to adopt a resolution supporting and approving an application for the Dakota County Community Development Agency's CDBG Program for Fiscal Year 2022. BACKGROUND Dakota County receives an annual allocation of Community Development Block Grant (CDBG) funds, which is a federal program administered by the Department of Housing and Urban Development (HUD). The program is designed to assist local governments with various community development projects and programs that primarily aid low- and moderate-income residents. Dakota County is considered an "Entitlement County", and, as such, receives an annual allocation of federal CDBG funds. The Dakota County Board of Commissioners has chosen to allocate the CDBG funds amongst the various cities in the county; while the Dakota County Community Development Agency (CDA) administers this program on behalf of Dakota County. The CDA will continue to administer all aspects of the loan program. Each year, the city's CDBG allocation is rebalanced to account for updated information in the American Community Survey provided by the Census Bureau for each city. Per HUD rules, the CDBG allocation is based on three factors: a community's population, people in poverty, and overcrowded housing units. Because these factors change over time,the allocation each city receives will change over time. The total CDBG allocation Dakota County will receive for the 2022 Program Year is not yet known; however, it is anticipated the County will receive an amount of$1,928,049, which is similar to the amount received for the 2021 Program Year. The amount each city will actually receive for the upcoming 2022 Program Year is not known until the federal budget is approved. The estimated allocation for Mendota Heights is approximately $25,157.00 for FY 2022. In previous years, the County has used these CDBG funds to renovate or improve up to two (2) qualifying residential properties in the city per year, and whose owners meet the criteria set forth in the program. The CDA requests every city that participates in this annual CDBG Program, to adopt a resolution of support and approval, which is attached. page 37 BUDGET IMPACT There are no impacts to the city budget. RECOMMENDATION Staff recommends the City Council adopt the attached resolution approving an application and support to the CDBG Program for 2022. ACTION REQUIRED Adopt RESOLUTION No. 2021-102 APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 2022 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDING. This action requires a simple majority vote. page 38 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-102 RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 2022 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Mendota Heights is a participating jurisdiction with the Dakota County Community Development Block Grant(CDBG)Entitlement Program for Fiscal Year 2022 (ending June 30, 2023); and WHEREAS, the Dakota County Community Development Agency is a sub-grantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County Community Development Agency has requested Fiscal Year 2022 CDBG applications be submitted by January 14, 2022, based on allocation of funds approved in the Annual Action Plan. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota that the following points be approved: 1. The Fiscal Year 2022 CDBG application is approved for submission to the Dakota County CDA; 2. The Mayor for the City of Mendota Heights is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds; and 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the City of Mendota Heights, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities. Adopted by the City Council of the City of Mendota Heights this 21st day of December, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk ITAI , mta County page 39 Co ru 1-44 Community C]eveEoPment Agency C D COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPLICATION FOR PROGRAM YEAR 2022 Application must be received by the Dakota County Community Development Agency NO LATER THAN FRIDAY, JANUARY 14, 2022 For July 1 , 2022 — June 30, 2023 General Information Applicant Name: City of Mendota Heights, MN DUNS #: 146-367-607 Contact Name: Tim Benetti, Community Development Director Applicant Address: 1101 Victoria Curve City, State, Zip: Mendota Heights, MN 55118 Phone: 651.255.1142 Email: TBenetti@MendotaHeightsMN.gov Proposed Activities Activity Funding Amount #1 Title: Click or tap here to enter text. CDBG Request: $ 25,157.00 #2 Title: ,lick or tap here to enter text. CDBG Request: $ Click or tap here to enter text. #3 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. #4 Title: ;lick or tap here to enter text. CDBG Request: $ Click or tap here to enter text. #5 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text. Total Request: $ 25,157.00 PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit and NO MORE THAN 40% of the any one community's proposed funding can be for PUBLIC SERVICES. As public services may not account for more than 15% of the County's total funding, public service requests may be decreased once all applications are submitted and reviewed by CDA staff. page 40 Certification I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further certify that no contracts have been awarded, funds committed, or construction begun on the proposed project(s), and that none will be made prior to notification from the Dakota County CDA based on HUD's issuance of a Release of Funds Notice. Signature of Authorized Official Date Title of Authorized Official PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL OF THE REQUEST FOR CDBG FUNDS. page 41 I. Activity Title Please complete the following Sections IN for EACH proposed activity. (For example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 1 Activity Title: Housing Rehabilitation Loans II. Activity Information Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. .;lick or tap here to enter text. Has this Activity received CDBG funding before? ® Yes ❑ No Check the eligible activity category of the proposed activity: (See attached definitions) Affordable Rental Housing Public Services ❑ Rehabilitation of Multi-Unit Residential ❑ Senior Services ❑ Fair Housing Activities ❑ Youth Services ❑ Energy Efficiency Improvements ❑ Transportation Services ❑ Operational Support Affordable Homeowner Housing Public Facilities ❑x Homeownership Assistance ❑ Recreational Parks ❑ New (Re)Construction Homeowner Housing ❑ Public Water/Sewer Improvements ❑x Rehabilitation/ Energy Efficiency Improvement of Single ❑ Street Improvements Unit Residential ❑ Sidewalks ❑ Fair Housing Activities ❑ Assessment Abatement ❑ ADA Improvements Homelessness Neighborhood Revitalization ❑ Coordinated Access to Services & Shelter ❑ Acquisition of Real Property ❑ Housing Stabilization ❑ Clearance and Demolition ❑ Emergency Shelter Operation ❑ Clean-up of Contaminated Site Economic Development Planning and Administration ❑ Employment Training ❑ Planning ❑ Economic Development Assistance ❑ Administration ❑ Rehabilitation of Commercial/Industrial Buildings ❑ Micro-Enterprise Assistance ❑ Relocation 1 page 42 Describe the activity schedule: Is this a continuation of a previously funded activity? ®Yes ❑No Is this a time-specific project? ❑Yes ®No If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: July 1, 2022 Proposed Activity Completion Date: June 30, 2023 III. CDBG National Objective CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used. ❑ Low/Mod Area Benefit ❑ Low/Mod Limited Clientele Benefit ® Low/Mod Housing Benefit ❑ Low/Mod Jobs Benefit ❑ Slum/Blight Area Benefit ❑ Slum/Blight Spot Benefit ❑ Urgent Need (extremely rare; used only for emergencies): (Please explain)dick or tap here to enter text If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) k or tap her D enter text. How many residents live in this area? Click or tap here to enter text. What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.% How was this documented? ❑ HUD Data ❑ Survey (Please include a copy of survey) If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? 2 Households (Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide) To be determined by Dakota County CDA 2 page 43 If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? Click or tap here to enter text. People .IIUN ui Lap i .v Households (Please choose either People or Households for each project). How will income be verified? ❑ Income Verification Request Forms ❑ Eligibility Status for other Governmental Assistance program ❑ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) ❑ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the "Jobs"National Objective, the business being assisted must enter into an agreement showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this activity create or retain full time equivalencies (FTEs)? ❑ Create ❑ Retain For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ❑ Yes ❑ No What percent of permanent FTEs will be held by or available to low/mod income persons? lick or tap here to enter text % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? Click or tap (Please provide letter from building inspector or other documentation noting deficiencies and include photos) What deficiency will be corrected or the public improvement be? :,lick or tap here to enter text. If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.% 3 page 44 IV. Proposed Objectives and Outcomes Indicate the proposed objective and outcome of the activity/project. Outcome #1 Outcome #2 Outcome #3 Availability/Accessibility Affordability Sustainability Objective #1 ❑x Accessibility for the ❑x Affordability for the ❑x Sustainability for the Suitable Living purpose of creating a suitable purpose of creating a purpose of creating a Environment living environment suitable living environment suitable living environment Objective #2 ❑x Accessibility for the ❑x Affordability for the ❑x Sustainability for the Decent purpose of providing decent purpose of providing purpose of providing Housing housing decent housing decent housing Objective #3 ❑x Accessibility for the ❑ Affordability for the ❑x Sustainability for the Economic purpose of creating economic purpose of creating purpose of creating Opportunity opportunities economic opportunities economic opportunities Indicate how the activity outcome will be measured and projected number of beneficiaries. ❑ People ❑ Public Facilities ❑ Businesses ❑ Households ❑ Jobs ❑ Organizations ® Housing Units 2 V. Project Budget Provide the total project cost and CDBG request. Total Project Cost: $ 25,157.00 Total CDBG Request: $ 25,157.00 CDBG Percent of Total Cost: ;iicK or tap here to enter text.% Describe all other funding sources. Source of Funds Amount Committed Pending Click or tap here to enter text. $ 25,157.00 ❑ ❑ Click or tap here to enter text. $ ❑ ❑ Click or tap here to enter text. $ ❑ ❑ Total: $ 25,157.00 ❑ ❑ 4 page 45 Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs Itemized Use of Funds/Expenses Costs CDBG Funds Other Funding Requested Sources Click of r .. .. . .. .nter teA,. $ 25,157.00 $ 25,157.00 $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Click or tap here to enter text. $ $ $ Total: $ 25,157.00 $ 25,157.00 $ Please review each section for completeness Each activity should ha ve separate Sections I through V. 5 page 46 CDBG ELIGIBLE ACTIVITIES DEFINITIONS The following are summary definitions of Community Development Block Grant Eligible Activities: Please Note:Although an activity may be deemed eligible for CDBG funding, it does not guarantee funding. The Community Development Needs for the CDBG Program in the Consolidated Plan lists the priority of needs and dictates which types of eligible activities may be funded in a given year. CDBG funds may NOT be used for costs attributable to a building used for the general conduct of government or used for political activities. Acquisition/Disposition:The use of CDBG funds to acquire real property, in whole or in part, by purchase, long-term lease, donation, or otherwise, for any public purpose. Real property to be acquired may include: land, air rights, easements,water rights, right-of-ways, buildings and other property improvements, or other interests in real property. Demolition/Clearance: Clearance, demolition, and removal of buildings and improvements including movement of structures to other sites. Economic Development Activities: Economic development activities may include, but are not limited to: (1)Construction by the grantee or sub-recipient of a business incubator designed to provide inexpensive space and assistance to new firms to help them become viable businesses, (2) Loans to pay for the expansion of a factory or commercial business, and (3) Providing training needed by persons on welfare to enable them to qualify for jobs created by CDBG-assisted special economic development activities. The level of public benefit to be derived from the economic development activity must be appropriate given the amount of CDBG assistance. Rehabilitation: Rehabilitation related activities may include single-family rehabilitation, multi-family rehabilitation, energy efficiency improvements, public housing modernization, and rehabilitation of commercial properties. General Administration: CDBG funds may be used for the general administration costs incurred by a Subrecipient to administer their CDBG program. Administration costs directly associated with a CDBG activity should be part of the activity as project administration. Relocation: CDBG funds may be used for relocation payments and assistance to displaced persons, including individuals,families, businesses, non-profits, and farms,where required under section 570.606 of the regulations (pursuant to the Uniform Relocation Act). Public Facilities/Improvements: CDBG funds may be used by the grantee or other public or private nonprofit entities for the acquisition (including long term leases for periods of 15 years or more), construction, reconstruction, rehabilitation (including removal of architectural barriers to accessibility), or installation, of public improvements or facilities. Buildings for the general conduct of government cannot be acquired or improved with CDBG funds. This includes neighborhood facilities,firehouses, public schools, and libraries, as well as water and/or sewer treatment plants. The regulations further specify that facilities that are designed for use in providing shelter for persons having special needs are considered to be public facilities. Public Services: CDBG funds may be used to provide public services (including labor, supplies, and materials), provided that each of the following criteria is met: 1)The public service must be either a new service or a quantifiable increase in the level of service; and 2) The amount of CDBG funds obligated within a program year to support public service activities under this category may not exceed 40% of the City's allocation and the total public services of all Subrecipients may not exceed 15% of the total grant awarded to Dakota County for that year. Planning: Includes studies, analysis,data gathering, preparation of plans, and identification of actions that will implement plans.The types of plans which may be paid for with CDBG funds include, but are not limited to: Comprehensive plans; Individual project plans; Community development plans, Capital improvement programs; Small area and neighborhood plans; Environmental and historic preservation studies; and Functional plans (such as plans for housing, land use, energy conservation, or economic development). Homeownership Assistance: Homeownership assistance activities may include financial assistance for down payments, closing costs or other part of the purchase process and counseling for pre-purchase, post-purchase or foreclosure prevention. 6 page 47 Dakota County 1228 Town Centre Drive I Eagan,MN 55123 Community Development PHONF 651-675-4400 1 rnnlm 711 Agency www.dakotacda.org CDA November 18, 2021 Mr. Tim Benetti City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: CDBG Fiscal Year 2022 Allocation Estimate Dear Mr. Benetti, Dakota County receives an annual allocation of Community Development Block Grant(CDBG) funds, which is a federal program administered by the Department of Housing and Urban Development(HUD). The program is designed to assist local governments with various community development projects and programs that primarily aid low- and moderate-income residents. Dakota County is considered an "Entitlement County", and, as such, receives an annual allocation of federal CDBG funds. The Dakota County Board of Commissioners has chosen to allocate the CDBG funds amongst the various cities and townships in the County, as well use the funds for particular County programs. The Dakota County Community Development Agency (CDA) administers this program on behalf of Dakota County. Each year, the city's CDBG allocation is rebalanced to account for updated information in the American Community Survey provided by the Census Bureau for each city. Per HUD rules, the CDBG allocation is based on three factors: a community's population, people in poverty, and overcrowded housing units. Each city receives a percentage of the annual Dakota County CDBG allocation based on the three factors. Because these factors change over time, the allocation each city receives will change over time. The CDBG allocation Dakota County will receive for the 2022 Program Year is not yet known. However, we believe it is prudent for each city to anticipate the County will receive a similar amount to what was received for the 2021 Program Year, which was $1,938,727. The amount each city will actually receive for the upcoming 2022 Program Year won't be known until the federal budget is approved. This amount may be more or less than what your city received for 2021. With that in mind, the estimated allocation for Mendota Heights for FY 2022 is $25,157. Please provide a contingency plan in your 2022 Program Year application that specifies which program will receive more or less funds based on the final allocation. page 48 If you have any questions, please feel free to contact me at(651) 675-4464 or mdykesgdakotacda.state.mn.us. Best Regards, DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY w AL Margaret M. Dykes Asst. Director of Community and Economic Development page 49 5i. 1101 Victoria Curve I Mendota Heights,FIN 55118 651.452.1850 phone 1651.452.8940 fax www.mendota-helghts.com CITY OF MENDOTA HEIGHTS REQUEST FOR CITY COUNCIL ACTION DATE: December 21, 2021 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Opioid Settlement Participation INTRODUCTION Minnesota has joined a broad multistate coalition in reaching nationwide settlements with the three largest opioid distributorsAmericsourceBergen, Cardinal Health, and McKesson and opioid manufacturer Johnson & Johnson. The settlements resolve investigations and lawsuits against these companies for their role in the opioid crisis. The total settlement is $26 billion. Minnesota cities and counties are being asked to sign onto the settlements in order for the state to receive more than $296 million over 18 years. BACKGROUND Representatives of local Minnesota governments, such as the League of Minnesota Cities, the Association of Minnesota Counties, and the Coalition of Greater Minnesota Cities,have negotiated with the State of Minnesota and the Minnesota Attorney General's Office to prepare a Memorandum of Agreement(MOA)regarding the allocation and distribution of settlement funds. The MOA governs how Minnesota will distribute settlement funds and provides for the equitable distribution of proceeds to the State of Minnesota and to individual local governments. Settlement funds are planned to be allocated as follows: 75%to local governments,including all counties and cities that have populations over 30,000 or more, have filed lawsuits against the settling defendants, or have public health departments; and 25%to the State for distribution by the Opioid Epidemic Response Advisory Council. The City is not eligible for a direct allocation of funds, but may apply to the state for funds. For cities with populations greater than 10,000,joining the settlements will assist Minnesota in earning the maximum amount possible. The deadline to do so is January 2, 2022. Attachments: Minnesota Opioid Executive Summary Minnesota Opioids State-Subdivision Memorandum of Agreement Settlement Participation Form page 50 BUDGET IMPACT None. ACTION RECOMMENDED Staff recommends that City Council adopt Resolution 2021-101 approving the Memorandum of Agreement authorizing participation in national opioid settlements and authorize the execution of appropriate documents related to the State of Minnesota Opioid Settlement proceedings. ACTION REQUESTED If the Council concurs, it should, by motion adopt Resolution 2021-101, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOIDS SETTLEMENTS and authorize the execution appropriate documents related to the State of Minnesota Opioid Settlement proceedings. page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-101 RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture, marketing, promotion, distribution, or dispensing of opioids; and WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable for their misconduct; and WHEREAS, representatives of local Minnesota governments, the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the State of Minnesota, and the Minnesota Attorney General's Office have negotiated and prepared a Memorandum of Agreement(MOA)to provide for the equitable distribution of proceeds to the State of Minnesota and to individual local governments from recent settlements in the national opioid litigation; and WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota's share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and WHEREAS, it is in the best interests of the State of Minnesota and the residents of the City of Mendota Heights, and the County of Dakota County, that the City participate in the national opioid litigation settlements. NOW, THEREFORE, be it resolved by the City Council of the City of Mendota Heights Minnesota: 1. Participation in the opioid litigation settlements promotes the public health, safety, and welfare of the residents of the City of Mendota Heights. 2. The City of Mendota Heights supports and opts-in to the national opioid litigation settlements with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and with the Manufacturer Johnson& Johnson. 3. The Memorandum of Agreement(MOA)between the State of Minnesota and Local Governments relating to the distribution of settlement funds is hereby approved by the City of Mendota Heights. page 52 4. City Staff is hereby authorized to take such measures as necessary to sign the MOA and otherwise participate in the national opioid settlements, including executing the Participation Agreement and accompanying Release. Adopted by the City Council of the City of Mendota Heights this 21st day of December, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk page 53 The Office of Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect www.ag.state.mn.us Minnesota Opioid Settlement Executive Summary Minnesota has j oined a broad multistate coalition in reaching nationwide settlements with the three largest opioid distributors — AmerisourceBergen, Cardinal Health, and McKesson — and opioid manufacturer Johnson & Johnson. The settlements resolve investigations and lawsuits against these companies for their role in the opioid crisis. If the settlements are fully adopted nationally, the distributors will pay $21 billion over 18 years and Johnson& Johnson will pay $5 billion over 10 years. Most states have already joined the settlements, but for the agreements to become effective, a critical mass of cities and counties must sign onto the settlements by January 2, 2022. Settlement Structure If a critical mass of subdivisions sign on and the settlements become effective: • Minnesota will be eligible to receive more than $296 million over 18 years. Up to $222 million of that will be paid directly to Minnesota cities and counties. The total amount of payments to Minnesota will be determined by the overall degree of participation by cities and counties. The more cities and counties that join, the more money everyone in Minnesota will receive. Distribution within Minnesota will be determined by the state- subdivision agreement(see below). o Each state's share of the funding was determined by agreement among the states using a formula that takes into account the impact of the crisis on the state—the number of overdose deaths, the number of residents with substance use disorder, and the number of opioids prescribed—and the population of the state. • Payments will begin to flow to the state and cities and counties as soon as April 2022. The Johnson & Johnson settlement provides for payments to be accelerated if cities and counties sign on early. • The vast majority of the settlement funds must be used to support any of a wide variety of strategies to fight the opioid crisis. The Attorney General's Office convened an expert panel of local, state, and community providers with experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds. The panel selected a comprehensive list of future opioid abatement and remediation programs that will benefit all regions of the state. • In addition to the financial components,the settlements also require the companies to make changes in how opioids are distributed and sold. The companies will be subject to far more oversight and accountability throughout that process to prevent deliveries of opioids to pharmacies where diversion and misuse occur. The distributors will be required to establish and fund a centralized, independent clearinghouse using detailed data analytics to keep close track of opioid distribution throughout the country and raise red flags for page 54 suspicious orders. Johnson&Johnson will be prohibited from selling or promoting opioids for ten years. Minnesota Framework Minnesota has been preparing for these settlements and the opportunity they present to deliver substantial funding to needed abatement and remediation programs. In 2019, the Legislature passed the Opiate Epidemic Response bill, creating a special opioid abatement account and the Opioid Epidemic Response Advisory Council, which will oversee the spending of the state's share of settlement funds. Additionally, a months-long partnership between the state and cities and counties has resulted in a state-subdivision agreement(or"Minnesota Memorandum of Agreement")that is designed to maximize the settlement funds coming to the State of Minnesota and get them to where they are needed most. The state-subdivision agreement details how the settlement money will be allocated within the state and also sets out a structure for the distribution of opioid abatement funds from pending bankruptcy plans with Purdue Pharma and Mallinckrodt. A copy of the state-subdivision agreement can be found on the Attorney General's website at www.a�z.state.mn.us/opioids. Pursuant to the state-subdivision agreement—and assuming maximum payments approximately $296 million in funds paid to Minnesota and its cities and counties from the Distributor and Johnson& Johnson settlements, as well as tens of millions of additional dollars from the Purdue Pharma and Mallinckrodt bankruptcies, will be allocated as follows: • Local Government Abatement Fund. Seventy-five percent(75%) of the abatement funds will be paid directly to counties and certain municipalities that participate in the settlement. Local government funds will be directly allocated to all participating counties, and all participating municipalities that: (a) have populations of 30,000 or more, (b) have filed lawsuits against the settling defendants, or(c) have public health departments. To promote efficiency in the use of abatement funds and limit the administratively burdensome disbursements of amounts that are too small to add a meaningful abatement response, smaller, non-litigating municipalities will not receive a direct allocation of settlement funds. The allocation percentages for each county and municipality were determined by counsel for the subdivisions negotiating the national settlement agreements and were calculated using data reflect the impact of the opioid crisis on the subdivision. • State Fund. Twenty-five percent(25) of the abatement funds will be paid directly to the State. Pursuant to state law, these funds will go into the special opioid abatement account to be overseen and distributed by the Opioid Epidemic Response Advisory Council. Under current law, after certain appropriations are made, approximately 50% of the funds paid into the opioid abatement account are distributed to county social service agencies to provide child protection services to children and families who are affected by addiction. 2 page 55 The state-subdivision agreement anticipates a change to this law to allow counties to receive their share of the settlement funds directly. The agreement requires the state and subdivisions to work together to achieve this change in law during the 2022 legislative session, and includes a provision changing the allocation between state and local governments if the statutory change is not accomplished. Some municipalities in Minnesota retained attorneys on a contingency fee basis to file lawsuits against the opioid companies. The national settlements establish an Attorney Fee Fund for attorneys representing cities and counties that join the settlements. The settlements require attorneys who recover from this fund to waive enforcement of their contingency fee agreements. The state-subdivision agreement includes a Backstop Fund, which will be overseen by a Special Master, that will allow for the payment of reasonable attorney fees to private attorneys to make up for the difference between what they receive from the national fund and their contingency fee agreements, which are capped at 15%. Any funds that remain in the Backstop Fund after payment of reasonable attorney fees will revert to cities and counties for abatement. Subdivision Participation It is vital for subdivisions to join the settlements during the initial sign-on period, which ends January 2, 2022. First, very high levels of subdivision participation nationally are necessary for the companies to move forward with the settlements and for everyone to benefit from them. Second, cities or counties cannot receive any portion of the direct settlement funds if they do not sign on to the settlements. Third, in order to maximize the settlement payments that come to Minnesota, full joinder by certain categories of counties and cities is needed. Finally,joinder during the initial sign-on period maximizes the amount of funds available to an individual city or county. Next Steps Now: Cities and counties should have received a settlement notice with additional information about the sign on process, which begins by registering on the national settlement website: www.nationalopioidsettlement.com. Registering is a necessary step toward participation in the settlements. The notice each subdivision received by mail and email provides its unique subdivision registration code, which must be used to register. Registering does not mean that the subdivision has accepted the terms of the national settlement agreements or the state-subdivision agreement. Next: Each subdivision, via its local legislative body, should adopt a resolution that authorizes a representative of the subdivision to execute Minnesota's state-subdivision agreement and both subdivision settlement participation forms (Distributors and Johnson & Johnson), which are required to join the settlements. Cities and counties can obtain model resolutions by contacting the Association of Minnesota Counties or the League of Minnesota Cities. The resolutions should be submitted to the subdivisions' legislative body (i.e., county commission or city council)for approval. 3 page 56 By January 2, 2022: After the appropriate resolution is passed by each subdivision, the authorized representative should sign the Minnesota Memorandum of Agreement, the Distributor Agreement, and the Johnson & Johnson Agreement. The Distributor and Johnson & Johnson agreements can be signed electronically via DocuSign. Subdivisions should receive an email with a link to sign electronically upon registering at www.nationalopioidsettlement.com. Subdivisions are encouraged to sign onto the Minnesota Memorandum of Agreement and the settlement agreements as soon as possible to avoid scheduling challenges and to ensure that we meet the national subdivision participation threshold for the settlements to become effective. Additional information about the settlements and how they are implemented in Minnesota can be found on the Attorney General's website: www.ag.state.mn.us/opioids. Subdivisions that are represented by an attorney with respect to opioid claims should consult with their attorney. Additionally, specific questions for the Attorney General's Office can be emailed to opi oi dsgag.state.mn.us, or left via voicemail at(612) 429-7126. 4 page 57 FREQUENTLY ASKED QUESTIONS ABOUT SETTLEMENTS WITH OPIOID DISTRIBUTORS AND JOHNSON &JOHNSON This document is intended to assist Minnesota subdivisions evaluating the settlement agreements resolving opioid claims with the three largest opioid distributorsMcKesson, Cardinal Health, and AmerisourceBergen("Distributors")—and opioid manufacturer Janssen Pharmaceuticals, and its parent company, Johnson& Johnson ("J&J") (collectively, the"Settlements"). This document is subject to being updated as additional information is gathered. The terms of the Settlements and the Minnesota Opioids State-Subdivision Memorandum of Agreement ("MN MOA") are controlling and are not amended or in any way affected by this document. Copies of these settlements, agreement, and other materials can be found at the Attorney General's website: www.ag.state.mn.us/opioids. 1. My city or county received a notice in the mail and by email about two opioid settlements. What do we do with this and how do we join the Settlements? The notice your city or county received relates to two Settlements resolving opioid claims against the country's three largest drug distributors, McKesson, Cardinal Health, and AmerisourceBergen, and opioid manufacturer Johnson & Johnson for their role in the opioid epidemic. The notice went out to all Minnesota counties, as well as cities that have a population greater than 10,000 and those that have filed lawsuits against these companies. Under the Settlements, Minnesota and its cities and counties stand to receive up to $296 million in Opioid Settlement Funds to fight the opioid crisis over the next 18 years, starting in early to mid-2022. The more cities and counties that j oin, the more the Distributors and J&J will pay under the Settlements. The Notice you received should have a unique subdivision registration code. The Attorney General's Office also sent your city or county a letter attaching this same registration code. Cities or counties must visit www.nationalopioidsettlement.com and use that code to register to receive participation agreements for the Settlements. You will then receive information about how to submit your Subdivision Settlement Participation Forms electronically via DocuSign. You must submit two forms, one for each Settlement. 2. How large are the Settlements? Under the terms of the Settlements, the Distributors and J&J will provide up to $26 billion to states, cities, and counties throughout the country. The Distributors will make payments over a period of 18 years, and J&J will make payments over nine years. 3. Is there a deadline for cities and counties to join the Settlements? Yes. Cities and counties should complete their Subdivision Settlement Participation Forms by January 2, 2022. Cities and counties that join after that date risk reducing the entire amount that goes to the State of Minnesota as well as having their own payments reduced. 1 page 58 4. How many Minnesota cities and counties are engaged in litigation against the Distributors and J&J? Twenty-six counties and seven cities have filed lawsuits against the Distributors and/or J&J. Under the MN MOA (see additional information below), all 87 counties and every city that meets the eligibility criteria would receive settlement payments regardless of whether they filed lawsuits, but they must join the Settlements. The Settlements prohibit payments to counties or cities that do not join the Settlements. 5. What is the status of these cases? All Minnesota city and county cases have been consolidated for pretrial proceedings into a Multi-District Litigation(MDL)in federal court in Cleveland, Ohio. The opioid MDL has roughly 3,000 lawsuits from nearly every state. The lawsuits allege that opioid manufacturers misrepresented the risks associated with prescription opioids; that opioid distributors did not properly monitor shipments of prescription opioids to pharmacies across the country; and that these actions contributed to the opioid epidemic that continues to ravage Minnesota and the rest of the country. Until the Settlements are finalized, these cases will remain pending. 6. Has the State of Minnesota joined the Settlements? Yes. The Minnesota Attorney General's Office, together with the majority of state Attorneys General across the country, has signed on to the Settlements. Those Attorneys General, lawyers representing thousands of municipalities in the national opioid litigation, and the Association of Minnesota Counties, League of Minnesota Cities, and the Coalition of Greater Minnesota Cities strongly encourage cities and counties to join. Cities and counties that join will be helping to bring additional abatement resources to communities and families throughout the state for substance use prevention, harm reduction, treatment, and recovery. 7. How much will Minnesota receive from the Settlements? Minnesota is eligible to receive a maximum payment of approximately $296 million under the Settlements with the Distributors and J&J. The settlement funds are allocated among states based on population and the impact of the opioid crisis on each state, taking into account several public health measures. The precise amount of settlement funds Minnesota as a whole receives is highly dependent on the level of city and county participation and the avoidance of penalties that would result from cities or counties filing new lawsuits. 8. What is the Minnesota Opioids State-Subdivision Memorandum of Agreement? The MN MOA governs how Minnesota will distribute settlement funds from the Settlements with Distributors and J&J. It also governs how opioid abatement funds from the bankruptcy resolutions with Purdue Pharma and Mallinckrodt are distributed within Minnesota. The Purdue Pharma and Mallinckrodt bankruptcies are not yet finalized, and 2 page 59 it is not yet known how much money will be coming to the state from these bankruptcies, although the Attorney General's Office expects the figure to be in the tens of millions. 9. Why is it so important to join the Settlements and the MN MOA? The opioid epidemic has taken the lives of more than 5,400 Minnesotans since 2000. The epidemic has torn families apart and ravaged communities, particularly American Indian populations and communities of color. Individuals, families, and communities continue to suffer, as the COVID-19 pandemic has caused a surge in both fatal and nonfatal overdose deaths. The epidemic was fueled by irresponsible marketing and inadequate monitoring on the part of opioid makers and distributors. In addition to potentially over $296 million to fight the epidemic, settlements with the Distributors and J&J will shine a light on these companies' conduct and help make sure nothing like this ever happens again. The MN MOA is an important step forward in holding these companies accountable and directing much-needed resources to communities across the state. 10. What are the most important features of the MN MOA? The Settlements require state and local governments to use the vast majority of settlement funds to address the opioid epidemic. Consistent with this principle, the MN MOA dedicates funds to that purpose. The Attorney General's Office convened an expert panel of local, state, and community providers with experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds (the "Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds" or the "panel"). The panel selected a comprehensive list of future opioid abatement and remediation programs to which these settlement funds must be dedicated, whether those funds are received by the State, cities, or counties. The MN MOA also enables Minnesota to maximize resources to fight the epidemic. The MN MOA was designed to incentivize cities and counties to join in order to earn the maximum amount of payments from the Settlements. To maximize resources flowing to communities on the front lines of the epidemic, the MN MOA directs settlement funds as follows: • 75 percent to local governments, including all counties and 33 cities. • 25 percent to the state, to be overseen and distributed by the Opioid Epidemic Response Advisory Council. 11. How does my city or county sign onto the MN MOA? The county board, city council, or equivalent legislative body can pass a resolution stating its intent to sign onto the MOA and directing the appropriate county or city official to execute the MOA. Sample resolutions are available from the Association of Minnesota Counties and the League of Minnesota Cities. 3 page 60 12. If my city or county signs onto the MN MOA, does that mean it automatically signs onto the Settlements with the Distributors or J&P No. A city or county that signs the MN MOA is agreeing to a framework for how settlement funds will flow in the event the Settlements become effective. However, the city or county must separately sign on to the Settlements in order to receive payments pursuant to the MN MOA. 13. If my city or county joins the Settlements,will we receive direct payments? It depends. All counties that join are set to receive direct allocation under the terms of the MN MOA, as well as all cities that join and meet the following eligibility criteria: • Have a population of 30,000 or more, based on the U.S. Census Bureau's Vintage 2019 population totals; • Have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency); or • Have initiated litigation against the Distributors or J&J as of December 3, 2021. The population threshold for non-litigating cities to receive a direct allocation of funds recognizes that the efficient delivery of opioid abatement services is hindered if the funds are divided into hundreds of small allocations. Even with potentially upwards of $300 million coming into Minnesota, allocating funds among several hundred smaller cities and towns would result in minimal payments for most subdivisions, in many cases less than a few dollars a year. For that same reason, under the MN MOA cities allocated a share may elect to have their full share or a portion of their share instead directed to the county in which the city is located. Although not all cities will receive a direct allocation of opioid abatement funds, those cities will still benefit from the opioid remediation efforts that take place in their communities. Moreover, under the MN MOA, each county receiving opioid settlement funds must consult annually with the cities in the county regarding use of the settlement funds. Finally, cities that are not eligible for a direct share may also request grants for opioid remediation programs from the state's opioid remediation fund, which are distributed via the Opioid Epidemic Response Advisory Council and the Department of Human Services. 14. If my city or county joins, how much money will we receive? Under the terms of the MN MOA, local governments (including cities and counties) that join the Settlements will directly receive 75% of the total abatement funds, divided among the counties and eligible cities in the percentages reflected in Exhibit B to the MN MOA. The percentages reflected in Exhibit B are based upon the MDL's Opioid Negotiation Class Model. Experts and attorneys representing local governments in the MDL developed the 4 page 61 allocation model based on nationally available federal data on opioid use disorder, overdose deaths, and opioid shipments into Minnesota, by region and community. 15. When will my city or county get payments? Payments from the Settlements will begin to flow to the state and directly to cities and counties as soon as April 2022. The Distributors will make payments over a period of 18 years, and J&J will make payments over nine years. The J&J settlement provides for payments to be accelerated if cities and counties sign on early. 16. How much money will the State receive, and where will it go? Under the terms of the MN MOA, the statewide abatement share is 25% of the total abatement funds. By statute, these funds will go into a special opioid abatement account and are designated to be used solely for opioid abatement purposes pursuant to the Approved Uses in the MN MOA, overseen and distributed by the Opioid Epidemic Response Advisory Council.' 17. What about attorney fees? The state's investigation and litigation against the opioid industry is handled by government lawyers in the Attorney General's Office. No money from these Settlements will go to pay any state lawyers. Some cities and counties in Minnesota retained attorneys on a contingency fee basis to file lawsuits against the opioid companies. The national settlements establish an Attorney Fee Fund for attorneys representing cities and counties that join the settlements. The settlements require attorneys who recover from this fund to waive enforcement of their contingency fee agreements. The MN MOA includes a Backstop Fund,which will be overseen by a Special Master,that will allow for the payment of reasonable attorney fees to private attorneys to make up for the difference between what they receive from the national fund and their contingency fee agreements,which are capped at 15%. The Backstop Fund is funded by a percentage of the local government share of settlement funds, and any funds that remain in the Backstop Fund after payment of reasonable attorney fees will revert to cities and counties for abatement. 18. How will the money coming into Minnesota be tracked? The Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds agreed upon a set of reporting and compliance recommendations to make ' Under current law, after certain appropriations are made, approximately 50% of the funds paid into the opioid abatement account are distributed to county social service agencies to provide child protection services to children and families who are affected by addiction. The state-subdivision agreement anticipates a change to this law to allow counties to receive their share of the settlement funds directly. The agreement requires the state and subdivisions to work together to achieve this change in law during the 2022 legislative session, and includes a provision changing the allocation between state and local governments if the statutory change is not accomplished. 5 page 62 sure that the abatement money coming into Minnesota is effectively tracked and spent on strategies and programs that have a real impact in the state. The MN MOA will be supplemented to include provisions that will be mutually agreed upon by the State and cities and counties utilizing the panel's recommendations. 19. Can a city join the Settlements even if it does not receive a direct allocation of abatement funds? Yes. The Settlements allow for all cities and counties to j oin, even ones that are not directly allocated amounts from the 75% local government share. For cities with populations greater than 10,000,joining the Settlements will assist Minnesota in earning the maximum amount possible. Non-litigating cities with populations under 10,000 were not sent notices and are not able to use the DocuSign process, but may still want to join the Settlements. If such cities want to join the settlements, they can contact the Attorney General's Office to receive the subdivision joinder forms by emailing opi oi dsgag.state.mn.us. 20. Does the MN MOA apply to matters other than the Distributor and J&J Settlements? Yes. The MN MOA replaces default provisions in the Purdue Pharma L.P. and Mallinckrodt plc bankruptcy plans. The Attorney General's Office anticipates that the Purdue Pharma and Mallinckrodt bankruptcy proceedings will provide tens of millions of additional dollars to Minnesota to support state and local efforts to address the opioid epidemic across the state. These funds will be distributed throughout the state according to the provisions MN MOA, just like the settlement funds from the Distributor and J&J Settlements. 21. Do the Settlements require the companies to do more than pay money? Yes. In addition to paying billions of dollars, the companies are also required to make changes in how opioids are distributed and sold. The companies will be subject to far more oversight and accountability throughout that process to prevent deliveries of opioids to pharmacies where diversion and misuse occur. The Distributors will be required to establish and fund a centralized, independent clearinghouse using detailed data analytics to keep close track of opioid distribution throughout the country and raise red flags for suspicious orders. J&J will be prohibited from selling or promoting opioids for ten years. 22. How do the Settlements and the MN MOA relate to the McKinsey settlement that was announced in February? The McKinsey settlement is separate from the Settlements with the Distributors and J&J, and from the Purdue and Mallinckrodt bankruptcy proceedings. In February 2021, Attorney General Keith Ellison and other attorneys general from across the country reached a $573 million settlement with one of the world's largest consulting 6 page 63 firms, McKinsey & Company, over the company's role in advising opioid companies how to promote their drugs and profit from the opioid epidemic. As part of the settlement with McKinsey, Minnesota will receive nearly $8 million, $6.6 million of which has already been paid. The remainder will be paid over four years. The entire settlement sum will be placed into the special opioid abatement account and used to abate the opioid crisis in the state. 23.Apart from the Distributors and J&J Settlements, the Purdue and Mallinckrodt bankruptcy proceedings, and the recent McKinsey settlement, is there other opioid- related litigation brought by state and local governments? Yes. In addition to these cases, the Attorney General's Office continues to be engaged in multistate investigations and settlement negotiations with numerous other pharmaceutical manufacturers and distributors for violations of state consumer protection laws. The Office is leading nationwide efforts to ensure public disclosure of opioid-related documents, which are designed to achieve accountability, transparency, and prevention of future harm. The Office is also coordinating with the Opioid Epidemic Response Advisory Council to ensure any potential settlement funds are used as effectively as possible throughout Minnesota to remedy the ongoing opioid crisis. 24. Where can I get more information about the Settlements? Cities or counties that hired attorneys to file opioid litigation should consult their attorneys. Additional information on the Settlements can be found at the national settlement website, www.nationalopioidsettlement.com, or the Attorney General's website: www.ag.state.mn.us/opioids. To speak with someone on the Attorney General's opioids team, email opioidsgag.state.mn.us or call (612) 429-7126 and leave a voicemail. 7 page 64 The Office of Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect • www.ag.state.mn.us Minnesota Opioid State-Subdivision Agreement Overview What It Is The Minnesota Memorandum of Agreement (MN MOA) governs how Minnesota will distribute settlement funds from two national settlements with opioid distributors McKesson, Cardinal Health, and AmerisourceBergen and opioid manufacturer Johnson & Johnson. These settlements could bring more than $296 million to Minnesota over an 18-year period to support state and local efforts to fight the opioid epidemic.' How It Works Enables Minnesota to maximize resources to fight the epidemic. For Minnesota to receive the maximum payout under the two national settlements, cities and counties must join the state and sign on to the MN MOA and the settlement agreements. To maximize resources flowing to communities on the front lines of the epidemic, the MN MOA directs settlement funds as follows: • 75 percent to local governments, including all counties and 33 cities. • 25 percent to the state, to be overseen and distributed by the Opioid Epidemic Response Advisory Council. Dedicates funds to addressing the opioid epidemic. The Attorney General's Office convened an expert panel of local, state, and community providers with experience and expertise in public health and delivery of health care services to determine the best and most effective use of the settlement funds. The panel selected a comprehensive list of future opioid abatement and remediation programs to which these settlement funds must be dedicated. Why It Matters Personal Cost. More than 5,400 Minnesotans have died of opioid overdoses since 2000. The epidemic has torn families apart and ravaged communities, particularly American Indian populations and communities of color. Individuals, families, and communities continue to suffer, as the COVID-19 pandemic has caused a surge in both fatal and nonfatal overdose deaths. Accountability. Opioid manufacturers and distributors created and fueled the opioid epidemic with irresponsible and misleading marketing and inadequate monitoring of these dangerous products. In addition to potentially over $296 million to fight the epidemic, settlements with the three largest drug distributors in the country, as well as one of the largest manufacturers,will shine a light on these companies' conduct and help make sure nothing like this ever happens again. 1 The MN MOA also governs how opioid abatement funds from the bankruptcy resolutions with Purdue Pharma and Mallinckrodt are distributed within Minnesota. The $296 million figure does not include payments from the Purdue Pharma and Mallinckrodt bankruptcies, which are not yet finalized. page 65 MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the impacts of the misconduct described above throughout Minnesota; WHEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources possible to the abatement effort; WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson have resulted in National Settlement Agreements with those companies, which the State has already committed to join; WHEREAS,Minnesota's share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements; WHEREAS, the National Settlement Agreements will set a default allocation between each state and its political subdivisions unless they enter into a state-specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State and by the Local Governments with the terms of the National Settlement Agreements and is intended to serve as a State-Subdivision Agreement under the National Settlement Agreements; WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and cities and allow for the allocation between a state and its political subdivisions to be set through a state-specific agreement; and WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide Abatement Agreement. 1 page 66 I. Definitions As used in this MOA (including the preamble above): "Approved Uses" shall mean forward-looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, "Approved Uses" shall include the reasonable administrative expenses associated with overseeing and administering Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. "Backstop Fund" is defined in Section VI.B below. "Bankruptcy Defendants" mean Purdue Pharma L.P. and Mallinckrodt plc. "Bankruptcy Resolution(s)" means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by the Bankruptcy Defendants entered in bankruptcy court that provide for payments (including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state-specific agreement. "Counsel" is defined in Section VI.B below. "County Area" shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county. "Governing Body" means (1) for a county, the county commissioners of the county, and (2) for a municipality, the elected city council or the equivalent legislative body for the municipality. "Legislative Modification" is defined in Section II.0 below. "Litigating Local Governments" mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. "Local Abatement Funds" are defined in Section II.B below. "Local Government" means all counties and cities within the geographic boundaries of the state of Minnesota. "MDL Matter" means the matter captioned In re National Prescription Opiate Litigation, MDL 2804, pending in the United States District Court for the Northern District of Ohio. "Memorandum of Agreement" or "MOA" mean this agreement, the Minnesota Opioids State-Subdivision Memorandum of Agreement. 2 page 67 "National Settlement Agreements" means the national opioid settlement agreements with the Parties and one or all of the Settling Defendants concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. "Opioid Settlement Funds" shall mean all funds allocated by the National Settlement Agreements and any Bankruptcy Resolutions to the State and Local Governments for purposes of opioid remediation activities or restitution, as well as any repayment of those funds and any interest or investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. "Opioid Supply Chain Participants" means entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic, including their officers, directors, employees, or agents, acting in their capacity as such. "Parties" means the State and the Participating Local Governments. "Participating Local Government"means a county or city within the geographic boundaries of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims with the Settling Defendants by signing on to the National Settlement Agreements. For the avoidance of doubt, a Local Government must sign this MOA to become a"Participating Local Government." "Region" is defined in Section II.H below. "Settling Defendants" means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement. "State" means the State of Minnesota by and through its Attorney General, Keith Ellison. "State Abatement Fund" is defined in Section II.B below. II. Allocation of Settlement Proceeds A. Method of distribution. Pursuant to the National Settlement Agreements and any Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State and directly to Participating Local Governments in such proportions and for such uses as set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of the State or any Participating Local Government unless and until such time as each annual distribution is made. B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows: (i) 25% directly to the State ("State Abatement Fund"), and (ii) 75% directly to abatement funds established by Participating Local Governments ("Local Abatement Funds"). This initial allocation is subject to modification by Sections 11.17, II.G, and II.H, below. 3 page 68 C. Statutory change. 1. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State's Opiate Epidemic Response Fund under Minnesota Statutes section 256.043, subd. 3(d), so that"50 percent of the remaining amount" is no longer appropriated to county social services, as related to Opioid Settlement Funds that are ultimately placed into the Minnesota Opiate Epidemic Response Fund ("Legislative Modification").' Such efforts include, but are not limited to, providing testimony and letters in support of the Legislative Modification. 2. It is the intent of the Parties that the Legislative Modification would affect only the county share under section 256.043, subd. 3(d), and would not impact the provision of funds to tribal social service agencies. Further, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund. D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislation to achieve this Legislative Modification. The Workgroup will meet as often as practicable in December 2021 and January 2022 until recommended language is completed. Invitations to participate in the group shall be extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor's Office, the Attorney General's Office, the Opioid Epidemic Response Advisory Council, the Revisor's Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of the Minnesota House of Representatives and Minnesota Senate who have been involved in this matter to assist in crafting a bill draft. E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and Participating Local Governments under the National Settlement Agreements or Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General's Office delaying its filing of Consent Judgments in Minnesota state court memorializing the National Settlement Agreements. This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022. i It is the intent of the Parties that counties will continue to fund child protection services for children and families who are affected by addiction, in compliance with the Approved Uses in Exhibit A. 4 page 69 F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth in Section 11.13 shall be modified as follows: (i)40% directly to the State Abatement Fund, and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph. G. Effect of later statutory change. If the Legislative Modification described above takes effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75%to Local Abatement Funds. H. Effect of partial statutory change. If any legislative action otherwise modifies or diminishes the direct allocation of Opioid Settlement Funds to Participating Local Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section 11.13 will be modified to ensure Participating Local Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving payments. The proportions set forth in Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all Minnesota cities that(a)have a population of more than 30,000,based on the United States Census Bureau's Vintage 2019 population totals, (b) have funded or otherwise managed an established health care or treatment infrastructure (e.g., health department or similar agency), or (c) have initiated litigation against the Settling Defendants as of December 3, 2021. J. Allocation of funds between Participating Local Governments. The Local Abatement Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based upon the MDL Matter's Opioid Negotiation Class Model. The proportions shall not change based on population changes during the term of the MOA. However, to the extent required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement Agreements after the Initial Participation Date. K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local 2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National Settlement Agreements, which in turn was based on the MDL Matter's allocation criteria. Cities under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were proportionally reallocated amongst the remaining subdivisions. 5 page 70 Government shall be redistributed equitably based on the composition of the successor Local Government. In the event an allocation to a Local Government cannot be paid to the Local Government, such unpaid allocations will be allocated to Local Abatement Funds and be distributed in such proportions as set forth in Exhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full share or a portion of its full share of current or future annual distributions of settlement funds instead directed to the county or counties in which it is located, so long as that county or counties are Participating Local Governments[s]. Such an election must be made by January I each year to apply to the following fiscal year. If a city is located in more than one county, the city's funds will be directed based on the MDL Matter's Opioid Negotiation Class Model. III. Special Revenue Fund A. Creation of special revenue fund. Every Participating Local Government receiving Opioid Settlement Funds through direct distribution shall create a separate special revenue fund, as described below, that is designated for the receipt and expenditure of Opioid Settlement Funds. B. Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The funds in the special revenue fund shall not be used for any loans or pledge of assets, unless the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L. C. Process for drawingfrom rom special revenue funds. I. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. 2. The budget or resolution must(i)indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify each funded strategy, if applicable; and (iii) state the amount dedicated to each strategy for a stated period of time. D. Local government grantmaking. Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds. E. Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be 6 page 71 placed in an interest-bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA. IV. Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement Funds only for Approved Uses and for expenditures incurred after the effective date of this MOA, unless execution of the National Settlement Agreements requires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except for the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI. B. Public health departments as Chief Strate ig sts. For Participating Local Governments that have public health departments, the public health departments shall serve as the lead agency and Chief Strategist to identify, collaborate, and respond to local issues as Local Governments decide how to leverage and disburse Opioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi-sector meetings and lead efforts that build upon local efforts like Community Health Assessments and Community Health Improvement Plans, while fostering community focused and collaborative evidence-informed approaches that prevent and address addiction across the areas of public health, human services, and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health Assessment, and are encouraged to collaborate with law enforcement agencies in the county where appropriate. C. Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a new group or utilize an existing group ("Region") to pool their respective shares of settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59. E. Consultation and partnerships. 1. Each county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the 7 page 72 county, including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds and to encourage collaboration between Local Governments both within and beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities. 3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community-based work with local stakeholders and partners within the Approved Uses. F. Collaboration. The State and Participating Local Governments must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders, to collect and share information about successful regional and other high-impact strategies and opioid treatment programs. V. Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance requirements will be developed and mutually agreed upon by the Parties, utilizing the recommendations provided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup that includes representatives of the Attorney General's Office, state stakeholders, and city and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Workgroup must produce a set of reporting and compliance measures by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General's Office, the Governor's Office, the Association of Minnesota Counties, and the League of Minnesota Cities that are on the Workgroup. VI. Backstop Fund A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation ("National Attorney Fee Fund"). The Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments. B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating Local Governments will create a supplemental attorney fees fund (the "Backstop Fund") to be used to compensate private attorneys ("Counsel") for Local Governments that filed opioid lawsuits on or before December 3, 2021 ("Litigating Local Governments"). By 8 page 73 order dated August 6, 2021,Judge Polster capped all applicable contingent fee agreements at 15%. Judge Polster's 15% cap does not limit fees from the National Attorney Fee Fund or from any state backstop fund for attorney fees, but private attorneys for local governments must waive their contingent fee agreements to receive payment from the National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of achieving greater subdivision participation and higher ultimate payouts to both states and local governments. Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund. C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will be funded by 8.75% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or Section II.H. above, back to an allocation of 25%directly to the State Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements(annual or otherwise), and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together with any compensation received from the National Settlement Agreements' Contingency Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local Governments' share of funds from the National Settlement Agreements. To avoid doubt, in no instance will Counsel receive more than 15% of the amount paid to their respective Litigating Local Government client(s) when taking into account what private attorneys receive from both the Backstop Fund and any fees received from the National Settlement Agreements' Contingency Fee Fund. E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National Settlement Agreements' Contingency Fee Fund are insufficient to cover the amount that would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Before seeking any payment from the Backstop Fund, 3 Order, In re:Nat'l Prescription Opiate Litig., Case No. 17-MD-02804, Doc.No. 3814(N.D. Ohio August 6, 2021). 9 page 74 private attorneys must certify that they first sought fees from the National Settlement Agreements' Contingency Fee Fund, and must certify that they agreed to accept the maximum fees payments awarded to them. Nothing in this Section, or in the terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation. F. Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counsel for payment, and determining the appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop Fund. In the event that a successor special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above-listed individuals. If none of the above-listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel. G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel, which will apply through the term of the recovery from the National Settlement Agreements. In making such determinations, the special master shall consider the amounts that have been or will be received by the private attorney's firm from the National Settlement Agreements' Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel's respective clients who are Litigating Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial fee application about the total amount of fees that Counsel have received or will receive from the National Attorney Fee Fund related to the Litigating Local Governments. H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also provide written submissions to the special master, which may include declarations from counsel, summaries relating to the factors described above, and/or attestation regarding total payments awarded or anticipated from the National Settlement Agreements' Contingency Fee Fund. Private attorneys shall not be required to disclose work product, proprietary or confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or summary into the record. Any proceedings before the special master and documents filed with the special master shall be public, and the special master's determinations regarding 10 page 75 any payment from the Backstop Funds shall be transparent, public, final, and not appealable. I. Distribution of Any Excess Funds. To the extent the special master determines that the Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to Participating Local Governments according to the percentages set forth in Exhibit B. J. Term. The Backstop Fund will be administered for(a)the length of the National Litigation Settlement payments; or(b)until all Counsel for Litigating Local Governments have either (i) received payments equal to the Backstop Fund Payment Cap above or(ii) received the full amount determined by the special master; whichever occurs first. K. No State Funds Toward Attorney. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any Litigating Local Government's attorney fees and expenses. Any funds that the State receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts, will be treated as State Abatement Funds. VII. General Terms A. Scope of agreement. This MOA applies to all settlements under the National Settlement Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy Defendants.4 The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for resolutions with Opioid Supply Chain Participants not covered by the National Settlement Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State-Subdivision Agreement to do so. B. When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State-Subdivision Agreement under the National Settlement Agreements or as a Statewide Abatement Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this MOA will have no effect. 2. The Parties may conditionally agree to sign onto the MOA through a letter of intent, resolution, or similar written statement, declaration, or pronouncement declaring 4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P., and Mallinckrodt plc. 11 page 76 their intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved. C. Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA, the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court, provided the alleging Party first provides notice to the alleged offending Party of the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota criminal law, such conduct shall be reported to the appropriate criminal authorities. D. Amendments. The Parties agree to make such amendments as necessary to implement the intent of this MOA. E. Applicable law and venue. Unless otherwise required by the National Settlement Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision which can be given effect without the invalid provision. F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agreements will require a Participating Local Government to release all its claims against the Settling Defendants to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements, a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This MOA is not a promise from any Party that any National Settlement Agreements or Bankruptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the National Settlement Agreements and any Bankruptcy Resolution. H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right or any future rights. 12 page 77 I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the power or authority of the State of Minnesota, the Attorney General, or the Local Governments, except as expressly set forth herein. J. Signing and execution. This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA may be executed by facsimile or electronic copy in any image format. Each Party represents that all procedures necessary to authorize such Party's execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party. 13 page 78 This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed this day of by: Name and Title: On behalf of: 14 page 79 EXHIBIT A List of Opioid Remediation Uses Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered. PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder("OUD") and any co-occurring Substance Use Disorder or Mental Health("SUD/MH") conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:6 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disorder ("MOUD ,)7 approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine ("ASAM") continuum of care for OUD and any co- occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs ("OTPs")to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5 Use of the terms "evidence-based," "evidence-informed," or "best practices" shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. 7 Historically, pharmacological treatment for opioid use disorder was referred to as "Medication- Assisted Treatment" ("MAT"). It has recently been determined that the better term is"Medication for Opioid Use Disorder" ("MOUD"). This Exhibit will use"MOUD" going forward. Use of the term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve. 1 page 80 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox, referral to treatment, or connections to other services or supports. 8. Provide training on MOUD for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or workers, including peer recovery coaches, peer recovery supports, and treatment coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 ("DATA 2000")to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service—Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication— Assisted Treatment. 2 page 81 S. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement,job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 3 page 82 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new Americans, African Americans, and American Indians. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat(or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment("SBIRT") programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MOUD in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MOUD, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 4 page 83 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL.JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative ("PAARP'); 2. Active outreach strategies such as the Drug Abuse Response Team ("DART")model; 5 page 84 3. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion ("LEAD")model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MOUD, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions ("CH), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME. Address the needs of the perinatal population and caregivers with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with 6 page 85 neonatal opioid withdrawal syndrome ("NOWS"), through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence-based or evidence-informed treatment, including MOUD, recovery services and supports, and prevention services for the perinatal population—or individuals who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with the perinatal population and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant-caregiver dyad; and expand long-term treatment and services for medical monitoring of NOWS babies and their caregivers and families. 5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care. 6. Provide child and family supports for caregivers with OUD and any co-occurring SUD/MH conditions, emphasizing the desire to keep families together. 7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 8. Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 9. Provide support for Children's Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. 7 page 86 PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs ("PDMPs"), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MOUD referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. 8 page 87 G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on risk factors and early interventions. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA"). 7. Engaging non-profits and faith-based communities as systems to support prevention. 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health 9 page 88 workers or other school staff, to address mental health needs in young people that (when not properly addressed)increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 10 page 89 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Law enforcement expenditures related to the opioid epidemic. 2. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b)to show how opioid settlement funds have been spent; (c)to report program or strategy outcomes; or(d)to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 11 page 90 4. Provide resources to staff government oversight and management of opioid abatement programs. 5. Support multidisciplinary collaborative approaches consisting of, but not limited to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list(e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 12 page 91 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring ("ADAM') system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MOUD and their association with treatment engagement and treatment outcomes. M. POST-MORTEM 1. Toxicology tests for the range of opioids, including synthetic opioids, seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug supply. 2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment. 3. Autopsies in cases of overdose deaths resulting from opioids and synthetic opioids. 4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths. 5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether intentional or accidental (overdose fatality reviews). 6. Indigent burial for unclaimed remains resulting from overdose deaths. 7. Navigation-to-care services for individuals with opioid use disorder who are encountered by the medical examiner's office as either family and/or social network members of decedents dying of opioid overdose. 8. Epidemiologic data management and reporting to public health and public safety stakeholders regarding opioid overdose fatalities. 13 page 92 EXHIBIT B Local Abatement Funds Allocation Subdivision Allocation Percentage AITKIN COUNTY 0.5760578506020% Andover city 0.1364919450741% ANOKA COUNTY 5.0386504680954% Apple Valley city 0.2990817344560% BECKER COUNTY 0.6619330684437% BELTRAMI COUNTY 0.7640787092763% BENTON COUNTY 0.6440948102319% BIG STONE COUNTY 0.1194868774775% Blaine city 0.4249516912759% Bloomington city 0.4900195550092% BLUE EARTH COUNTY 0.6635420704652% Brooklyn Center city 0.1413853902225% Brooklyn Park city 0.2804136234778% BROWN COUNTY 0.3325325415732% Burnsville city 0.5135361296508% CARLTON COUNTY 0.9839591749060% CARVER COUNTY 1.1452829659572% CASS COUNTY 0.8895681513437% CHIPPEWA COUNTY 0.2092611794436% CHISAGO COUNTY 0.9950193750117% CLAY COUNTY 0.9428475281726% CLEARWATER COUNTY 0.1858592042741% COOK COUNTY 0.1074594959729% Coon Rapids city 0.5772642444915% Cottage Grove city 0.2810994719143% COTTONWOOD COUNTY 0.1739065270025% CROW WING COUNTY 1.1394859174804% DAKOTA COUNTY 4.4207140602835% DODGE COUNTY 0.2213963257778% DOUGLAS COUNTY 0.6021779472345% Duluth city 1.1502115379896% Eagan city 0.3657951576014% Eden Prairie city 0.2552171572659% Edina city 0.1973054822135% FAR IBAULT COUNTY 0.2169409335358% FILLMORE COUNTY 0.2329591105316% FREEBORN COUNTY 0.3507169823793% GOODHUE COUNTY 0.5616542387089% 1 page 93 Subdivision Allocation Percentage GRANT COUNTY 0.0764556498477% HENNEPIN COUNTY 19.0624622261821% HOUSTON COUNTY 0.3099019273452% HUBBARD COUNTY 0.4582368775192% Inver Grove Heights city 0.2193400520297% ISANTI COUNTY 0.7712992707537% ITASCA COUNTY 1.1406408131328% JACKSON COUNTY 0.1408950443531% KANABEC COUNTY 0.3078966749987% KANDIYOHI COUNTY 0.1581167542252% KITTSON COUNTY 0.0812834506382% KOOCHICHING COUNTY 0.2612581865885% LAC QUI PARLE COUNTY 0.0985665133485% LAKE COUNTY 0.1827750320696% LAKE OF THE WOODS COUNTY 0.1123105027592% Lakeville city 0.2822249627090% LE SUEUR COUNTY 0.3225703347466% LINCOLN COUNTY 0.1091919983965% LYON COUNTY 0.2935118186364% MAHNOMEN COUNTY 0.1416417687922% Mankato city 0.3698584320930% Maple Grove city 0.1814019046900% Maplewood city 0.1875101678223% MARSHALL COUNTY 0.1296352091057% MARTIN COUNTY 0.2543064014046% MCLEOD COUNTY 0.1247104517575% MEEKER COUNTY 0.3744031515243% MILLE LACS COUNTY 0.9301506695846% Minneapolis city 4.8777618689374% Minnetonka city 0.1967231070869% Moorhead city 0.4337377037965% MORRISON COUNTY 0.7178981419196% MOWER COUNTY 0.5801769148506% MURRAY COUNTY 0.1348775389165% NICOLLET COUNTY 0.1572381052896% NOBLES COUNTY 0.1562005111775% NORMAN COUNTY 0.1087596675165% North St. Paul city 0.0575844069340% OLMSTED COUNTY 1.9236715094724% OTTER TAIL COUNTY 0.8336175418789% PENNINGTON COUNTY 0.3082576394945% PINE COUNTY 0.5671222706703% 2 page 94 Subdivision Allocation Percentage PIPESTONE COUNTY 0.1535154503112% Plymouth city 0.1762541472591% POLK COUNTY 0.8654291473909% POPE COUNTY 0.1870129873102% Proctor city 0.0214374127881% RAMSEY COUNTY 7.1081424150498% RED LAKE COUNTY 0.0532649128178% REDWOOD COUNTY 0.2809842366614% RENVILLE COUNTY 0.2706888807449% RICE COUNTY 0.2674764397830% Richfield city 0.2534018444052% Rochester city 0.7363082848763% ROCK COUNTY 0.2043437335735% ROSEAU COUNTY 0.2517872793025% Roseville city 0.1721905548771% Savage city 0.1883576635033% SCOTT COUNTY 1.3274301645797% Shakopee city 0.2879873611373% SHERBURNE COUNTY 1.2543449471994% SIBLEY COUNTY 0.2393480708456% ST LOUIS COUNTY 4.7407767169807% St. Cloud city 0.7330089009029% St. Louis Park city 0.1476314588229% St. Paul city 3.7475206797569% STEARNS COUNTY 2.4158085321227% STEELE COUNTY 0.3969975262520% STEVENS COUNTY 0.1439474275223% SWIFT COUNTY 0.1344167568499% TODD COUNTY 0.4180909816781% TRAVERSE COUNTY 0.0903964133868% WABASHA COUNTY 0.3103038996965% WADENA COUNTY 0.2644094336575% WASECA COUNTY 0.2857912156338% WASHINGTON COUNTY 3.0852862512586% WATONWAN COUNTY 0.1475626355615% WILKIN COUNTY 0.0937962507119% WINONA COUNTY 0.7755267356126% Woodbury city 0.4677270171716% WRIGHT COUNTY 1.6985269385427% YELLOW MEDICINE COUNTY 0.1742264836427% 3 DocuSign Envelope ID:404674D7-01 C1-4E98-8F2A-F1 C6049865C7 page 95 Settlement Participation Form Governmental Entity: Mendota Heights city State: MN Authorized Signatory: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Janssen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. 0 0 '0 1 � DocuSign Envelope ID:404674D7-01 C1-4E98-8F2A-F1 C6049865C7 page 96 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. 2 0 DocuSign Envelope ID:404674D7-01 C1-4E98-8F2A-F1 C6049865C7 page 97 I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: 0 0 3 ON page 98 1101 Victoria Curve I Mendota 5j 651.452.1850 phone 1 651. www.mendota-heights.com * CITY OF 00, MENDOTA HEIGHTS Request for City Council Action DATE: December 21, 2021 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: October Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the October Par 3 Financial Report. BACKGROUND Attached is the October Par 3 Financial Report. In the month of October, the course had a total of 1,157 rounds of golf played. Including October, the Par 3 had a total of $12,449 in monthly revenue. The 2021 year-to-date revenue total including October is $241,139. The course's October expenditures totaled $23,489. The year-to-date expenditure total is $192,623. As of now the course is showing a $48,516 operating surplus. RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the October Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the October Par 3 Financial Report. MONTHLY EXPENDITURE REPORT page 99 OCTOBER 2021 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT October 2021 (83.33%OF YEAR) Oct REVENUES Oct YTD YTD YTD BUDGET 2021 2021 % 2020 GREENS, LEAGUE &TOURN FEES $100,000 $10,646 $165,459 165.46% $150,063 RECREATION PROGRAMS $35,000 $28 $49,488 141.39% $23,251 CONCESSIONS $19,000 $1,750 $24,971 131.42% $0 SUNDRY REVENUE $0 $25 $1,221 0.00% $195 INTEREST $450 $0 $0 0.00% $0 CAPITAL CONTRIBUTIONS $0 $0 $0 0.00% $0 PAR 3 FUND REVENUE TOTAL $154,450 $12,449 $241,139 156.13% $173,509 EXPENDITURES Oct YTD YTD YTD BUDGET 2021 2021 % 2020 CLUBHOUSE SALARIES $34,300 $5,210 $41,071 119.74% $20,528 ADMINISTRATIVE SALARIES $24,676 $3,022 $19,384 78.55% $19,424 FICA/PERA $10,596 $1,446 $8,991 84.85% $6,421 MEDICAL INSURANCE $6,653 $554 $5,544 83.33% $5,544 U/E &W/C INSURANCE $2,750 $0 $3,217 116.99% $3,302 RENTALS $4,750 $144 $4,994 105.13% $1,787 UTILITIES $13,945 $984 $10,306 73.91% $8,231 PROFESSIONAL FEES-AUDIT $2,850 $0 $2,850 100.00% $2,866 PROF FEES-CONSULTING FEES $1,100 $0 $0 0.00% $0 PROF FEES-GROUNDS MGMT $4,500 $0 $0 0.00% $0 PROF FEES-GROUNDS WAGES $22,000 $4,151 $21,401 97.28% $17,331 PROF FEES-TREE MAINTENANCE $1,500 $0 $909 0.00% $0 ADVERTISING/NEWSLETTER $0 $0 $0 0.00% $0 LIABILITY/AUTO INSURANCE $4,800 $0 $3,997 83.28% $3,893 OPERATING COSTS/SUPPLIES $7,650 $160 $9,592 125.38% $3,095 FUEL $1,750 $166 $1,614 92.24% $964 REPAIRS& MAINTENANCE $39,350 $6,935 $43,719 111.10% $28,722 SUNDRY/DUES/MILEAGE/CLOTHING $4,500 $0 $8,696 193.25% $838 CONTINGENCY $0 $0 $0 0.00% $0 ONLINE REG &CREDIT CARD FEES $4,275 $717 $6,338 148.26% $6,841 PAR 3 EXPENDITURES TOTAL $191,945 $23,489 $192,623 100.35% $129,787 12/14/2021 page100 5k. 1101 Victoria Curve I Mendota Heights,MN »llc 651.452.1850 phone 1651.452.8940 fax www.mendota-hei ghts.com CITY OF MENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: December 21, 2021 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Resolution 2021-100 Accept Donation from the MOMS Club INTRODUCTION The City Council is asked to formally accept a donation which was received from the MOMS Club of Mendota Heights. BACKGROUND By state law, all donations to the City must be accepted by the City Council by a means of resolution. Staff was notified that the MOMS Club of Mendota Heights had to fold due to not finding enough volunteers to meet the International MOMS Club rules. In order to clear the organization's checking account, the MOMS Club elected to donate the remaining account balance to the City. The donation to the City is in the amount of$114.14. Staff discussed how the MOMS Club would like the donation used within the City of Mendota Heights. The MOMS club asked for a handicapped accessible swing to be added to the Marie Park playground. Based on the cost of swings, the MOMS Club also would be open to a tree donation. Staff work with MOMS Club representative, Laura Jacobson, to ensure the donation is put to good use within the City. The City of Mendota Heights is grateful for the generosity of this donation and all of the past support provided by the MOMS Club of Mendota Heights. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve Resolution 2021-100. ACTION REQUESTED If the City Council concurs, it should, by motion, adopt RESOLUTION 2021-100 FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION FOR PARK AND RECREATION RELATED ITEMS. page 101 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021-100 FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION TO MENDOTA HEIGHTS PARKS WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 "Gifts to Municipalities"; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW THEREFORE BE IT HERESY RESOLVED that the City Council of the City of Mendota Heights is accepting a donation from the MOMS Club of Mendota Heights: DONOR DONATION VALUE MOMS Club of Mendota Heights Cash $114.14 Adopted by the City Council of the City of Mendota Heights this 21st day of December 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Lorri Smith, City Clerk page102 51. 1101 Victoria Curve I Mendota Heights,MN -)it 651.452.1850 phone 1651.452.8940 fax www.mendota-hei ghts.com CITY OF MENDOTA HEIGHTS REQUEST FOR CITY COUNCIL ACTION DATE: December 21, 2021 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Designation of a Floating Holiday for Non-Union Staff INTRODUCTION The City Council is asked to designate Thursday, December 23, 2021, as a floating holiday and authorize the closure of City Hall for business on that day. BACKGROUND Under Section 14 of the Mendota Heights Personnel Code, the City recognizes 12 paid holidays each calendar year. Included in the 12, is December 24 (Christmas Eve) and one floating holiday. In years in which Christmas Eve falls on a Friday, Saturday or Sunday, non-union employees receive an extra floating holiday rather than the December 24 holiday. For 2021, Christmas Eve is on Friday and therefore non-union staff receive an extra floating holiday this year. The City Council, upon recommendation of the City Administrator, may designate the extra floating holiday as a fixed date when City Hall offices will be closed. BUDGET IMPACT None. ACTION RECOMMENDED Staff recommends that Thursday, December 23, 2021 be designated as a floating holiday for non-union staff and authorize that City Hall be closed for business on that day. ACTION REQUESTED If the City Council concurs, it should approve, by motion, the designation of December 23, 2021 as a floating holiday for non-union employees and that City Hall is closed for business on that day. page103 5m. 1101 Victoria Curve I Mendota Heights,MN -)it 651.452.1850 phone 1651.452.8940 fax www.mendota-hei ghts.com CITY OF MENDOTA HEIGHTS DATE: December 21, 2021 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2022 Employee Position Placement/Pay Classification Plan BACKGROUND Included with this memo is the 2022 Employee Position Placement/Pay Classification Plan for non-union employees for 2022. The 2022 plan reflects a 3.00% increase. BUDGET IMPACT This wage increase is budgeted for in the 2022 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolution adopting the 2022 Employee Position Placement/Pay Classification Plan. This action requires a simple majority vote of the city council. page104 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021 - 103 A RESOLUTION ADOPTING THE 2022 PAY CLASSIFICATION PLAN FOR NON-UNION EMPLOYEES WHEREAS, the City Council has adopted a grade and step pay system for non-union employees; and WHEREAS,based upon recommendations of the city administrator, the City Council has determined the appropriate placement of each position in a grade and the incumbent employee in a step; and WHEREAS, it is also necessary to set salaries for part-time employees. NOW THEREFORE BE IT RESOLVED, that the following 2022 compensation items are approved as of January 1, 2022: 1. The 2022 Employee Position Placement/Pay Classification Plan for non-union employees. 2. The following salaries shall be implemented for part-time employees: Fire Chief $21,000* Assistant Fire Chief $12,308* Fire Marshall $3 5.3Ian hour *Annual compensation for administrative and other department responsibilities excluding fire calls. 3. The following stipends are implemented for: Captains $1,979/annually Training Officer $4,346/annually Assistant Training Officer $1,738/annually 4. The following hourly rates of pay for volunteer firefighters for fire calls and training: 0-1 Years $10.93 FF I, First Responder, Hazmat Operational $14.50 FF 11, First Responder, Hazmat Operational $16.66 Lieutenant $17.3 8 page105 Captain $18.83 Assistant Training Officer $18.83 Training Officer $21.72 Assistant Fire Chief $26.08** Fire Chief $26.08** Special Operations Team Member Call Out Same as Mendota Hts Police Officer on SOT **Hourly compensation for fire calls and training. Adopted by the City Council of the City of Mendota Heights this 21 st day of December 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST Lorri Smith, City Clerk page106 CITY OF MENDOTA HEIGHTS PROPOSED SALARY MATRIX(2022) 3% Step Grade Position 1 2 3 4 5 6 7 1 $41,621 $43,078 $44,586 $46,146 $47,761 $49,433 $51,163 2 Community Service Officer $44,119 $45,663 $47,261 $48,915 $50,628 $52,399 $54,234 3 $46,765 $48,403 $50,096 $51,850 $53,665 $55,544 $57,487 4 Office Support Assistant $49,572 $51,307 $53,103 $54,961 $56,885 $58,875 $60,936 Accounting Clerk 5 Utility Billing Clerk $52,546 $54,385 $56,288 $58,258 $60,297 $62,408 $64,592 Police Support Specialist 6 Secretary/Deputy City Clerk $55,698 $57,648 $59,666 $61,754 $63,916 $66,153 $68,468 7 Natural Resources Technician $59,041 $61,107 $63,245 $65,459 $67,750 $70,121 $72,576 8 Recreation Program Coordinator $62,583 $64,774 $67,041 $69,387 $71,816 $74,329 $76,930 Communications Coordinator 9 $66,338 $68,660 $71,062 $73,550 $76,124 $78,789 $81,546 10 Senior Engineering Technician $70,318 $72,779 $75,326 $77,963 $80,691 $83,517 $86,439 11 City Clerk $74,537 $77,146 $79,846 $82,641 $85,533 $88,526 $91,626 12 $79,009 $81,774 $84,637 $87,599 $90,665 $93,838 $97,122 13 $83,749 $86,682 $89,715 $92,856 $96,106 $99,469 $102,950 14 Public Works Superintendent $88,775 $91,882 $95,098 $98,426 $101,872 $105,438 $109,127 15 $94,101 $97,395 $100,805 $104,332 $107,984 $111,762 $115,675 Police Captain 16 Community Development Director $99,747 $103,238 $106,853 $110,591 $114,464 $118,469 $122,614 17 Finance Director $105,733 $109,433 $113,264 $117,227 $121,330 $125,578 $129,972 Assistant City Administrator 18 Public Works Director $112,076 $116,000 $120,059 $124,260 $128,611 $133,111 $137,770 Police Chief 19 $118,801 $122,959 $127,263 $131,716 $136,327 $141,099 $146,036 20 City Administrator $125,929 $130,336 $134,899 $139,620 $144,506 $149,563 $154,799 21 $133,485 $138,157 $142,993 $147,997 $153,175 $158,539 $164,087 22 $141,494 $146,446 $151,572 $156,876 $162,367 $168,051 $173,931 Step 4=Midpoint page107 5n. 1101 Victoria Curve I Mendota Heights,MN »ua 651.452.1850 phone 1651.452.8940 fax www.mendota-hei ghts.com CITY OF MENDOTA HEIGHTS DATE: December 21, 2021 TO: Mayor, City Council, and City Administrator FROM: Kelly Dumais, Assistant City Administrator SUBJECT: 2022-2023 MNPEA Labor Agreement INTRODUCTION The City Council is asked to approve a two-year labor agreement with the Minnesota Public Employees Association, representing Police Sergeants. BACKGROUND Attached for review and consideration is the 2022-2023 labor agreement between the City of Mendota Heights and the Minnesota Public Employees Association (MNPEA), for which there is a tentative agreement. The 2022-2023 agreement is consistent with the direction that staff received from the City Council. • Duration of Agreement—2 years (January 1, 2022 —December 31, 2023) • Wage RatesA 3.0% cost of living adjustment for 2022 and a 3.0% cost of living adjustment for 2023, resulting in the following pay scale: 2022 2023 At 0-12 months $7,865 $8,101 At 12-24 months $8,259 $8,506 At 24+ months $8,672 $8,932 At 240 months $g 848 $9,113 (total department service) • Health Insurance—The City's contribution for insurance is the same as other groups and non-union employees ($1,730 per month for 2022, with a reopener for 2023). • HolidaysJuneteenth (June 19) shall be added to the holiday schedule upon adoption by the State of Minnesota. Negotiations were very positive with the MNPEA union representatives and a tentative agreement has been reached. page108 BUDGET IMPACT Costs associated with the negotiated agreement are included in the 2022 city budget. ACTION RECOMMENDED Staff recommends approval of the agreement between the City of Mendota Heights and the Minnesota Public Employees Association, covering Police Sergeants for 2022-2023 ACTION REQUIRED If the City Council concurs, it should, by motion, approve the 2022-2023 labor agreement between the City of Mendota Heights and the Minnesota Public Employees Association. page109 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION (SERGEANTS UNIT) January 1 , 2022 - December 31 , 2023 page110 Table of Contents ARTICLE I PURPOSE OF AGREEMENT 2 ARTICLE II RECOGNITION 2 ARTICLE III DEFINITIONS 2 ARTICLE IV EMPLOYER SECURITY 3 ARTICLE V EMPLOYER AUTHORITY 3 ARTICLE VI UNION SECURITY 4 ARTICLE VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 4 ARTICLE VIII SAVINGS CLAUSE 7 ARTICLE IX SENIORITY 7 ARTICLE X DISCIPLINE 8 ARTICLE XI WORK SCHEDULES 9 ARTICLE XII OVERTIME 9 ARTICLE XIII COURT TIME 10 ARTICLE XIV CALL BACK TIME 10 ARTICLE XV WORKING OUT OF CLASSIFICATION 10 ARTICLE XVI INSURANCE 10 ARTICLE XVII STANDBY 11 ARTICLE XVIII UNIFORMS 11 ARTICLE XIX INJURY ON DUTY 11 ARTICLE XX EDUCATIONAL INCENTIVE 11 ARTICLE XXI WAIVER 12 ARTICLE XXII WAGE RATES (MONTHLY BASE RATE) 12 ARTICLE XXIII VACATIONS 12 ARTICLE XXIV HOLIDAYS 13 ARTICLE XXV PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION SICK LEAVE 13 ARTICLE XXVI INDEMNIFICATION INSURANCE 14 ARTICLE XXVII TRAINING 14 ARTICLE XXVIII DURATION 15 1 page111 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2022 between the City of Mendota Heights, hereinafter called the EMPLOYER, and the Minnesota Public Employees Association, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Chapter 179A for all police personnel in the following job classification: Licensed Police Sergeant 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination, pursuant to the rules and procedures established by the BMS. ARTICLE III DEFINITIONS 3.1 UNION: Minnesota Public Employees Association 3.2 UNION MEMBER: A member of the Minnesota Public Employees Association 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Mendota Heights Police Department. 2 page112 3.5 EMPLOYER: The City of Mendota Heights. 3.6 CHIEF: The Chief of the Mendota Heights Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Minnesota Public Employees Association 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions or compensation of the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow-down or other interpretation of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER/AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage the workforce, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3 page113 5.2 Any term and condition of employment not specifically established or modified by the AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position or steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, orjudgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES, including union attorneys and business agents, as designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this ARTICLE. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 4 page114 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 - An EMPLOYEE, or a union representative with the consent of the EMPLOYEE, claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE supervisor as designated by the EMPLOYER. Grievances and grievance responses will be allowed to be presented via email, fax, US Mail, or Hand Delivery. The EMPLOYER-designated representative will discuss and give answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated representative final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER- designated Step 2 representative. The EMPLOYER designated representative shall give the UNION the EMPLOYER Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated representative final Step 2 answer. 5 page115 Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER - designated Step 3 representative The EMPLOYER- designated representative shall give the UNION the EMPLOYER answer in writing within ten (10) calendar days following the EMPLOYER-designated representative receipt of Step 3 appeal. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 3A- Mediation: if the Employer and UNION mutually agree, a grievance unresolved at step 3 may be submitted to the MN Bureau of Mediation Services ("BMS") within 10 days after UNION receipt of the Employer's response to Step 3. If the grievance is resolved through Mediation, the settlement shall be reduced to writing and signed by the UNION and the EMPLOYER. If the grievance is unresolved through Mediation, it may be appealed to Step 4 within 10 days starting the day following the Mediation Meeting Session. If either party elects to not go through with Mediation after initially agreeing, it must be withdrawn in writing; then the grievance can be appealed to Step 4 within 10 days starting the day following the party's written withdrawal from mediation. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 7.5 ARBITRATOR AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be 6 page116 submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensation of its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER's last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievances as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United Stated, the State of Minnesota, and the City of Mendota Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree to appeal has been taken within the time provided, or administrative ruling or is a violation of legislation or administrative regulations, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee length of continuous employment as a sergeant for the EMPLOYER, referred to as IN CLASS SENIORITY. Seniority rosters will be posted in an appropriate location. 7 page117 9.2 During the one (1) year probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the one (1) year probationary period, a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of IN CLASS SENIORITY. Employees shall be recalled from layoff on the basis of IN CLASS SENIORITY. An employee on layoff shall have an opportunity to return to work within two years of the time of this layoff before any new employee is hired. 9.4 Qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment based on IN CLASS SENIORITY. A shift bidding shall be posted annually. 9.5 One continuous vacation period shall be selected on the basis of IN CLASS SENIORITY until March 15th of each calendar year. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees forjust cause only. Discipline will be in one or more of the following forms: a. Oral reprimand b. Written reprimand C. Suspension d. Demotion; or e. Discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel files shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 An employee who is the subject of a disciplinary investigation will be given a reasonable opportunity to have a UNION representative present during questioning if he/she requests such representation. 8 page118 10.6 Grievance relating to this ARTICLE shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE XI WORK SCHEDULES 11.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by employee through: a. Hours worked on assigned shifts b. Holidays c. Assigned training d. Authorized leave time 11.2 Holidays and authorized leave time are to be accrued and calculated on the basis of the actual length of time of the assigned shifts. 11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes under article 12.2 be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours shall not be pyramided, compounded or paid twice forthe same hours worked. 12.5 Overtime will be calculated to the nearest fifteen (15) minutes. 12.6 Employees have the obligation to work overtime or call back if requested bythe EMPLOYER unless unusual circumstances prevent the employee from so working. 12.7 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The EMPLOYER may cash out an employee balance in excess of the 100 hours maximum. 9 page119 12.8 An employee may cash out any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. ARTICLE XIII COURT TIME 13.1 An employee who is required to appear in Court during his/her scheduled off duty time shall receive a minimum of three (3) hours pay at one and one half(1-1/2) times the employee base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for the three (3) hour minimum. 13.2 An employee who is not notified of the cancellation of a scheduled court appearance by 4.00 pm the previous business day shall receive a minimum of two and one-half (2-1/2) hours of pay at one and one-half (1- 1/2) times the employee base pay rate. ARTICLE XIV CALL BACK TIME An employee who is called to duty during his scheduled off-duty time shall receive a minimum of two and one half (2.5) hours pay at one and one-half (1-1/2) times the employee base pay rate. An extension or early report to a regularly scheduled shift does not qualify the employee for the two and one half (2.5) hour minimum. ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE XVI INSURANCE The EMPLOYER will contribute up to a maximum of one thousand seven hundred and thirty dollars ($1,730) per month toward health, dental, long term disability, short term disability, and term life (up to $50,000) insurance for 2022. If any City of Mendota Heights employee group is awarded a higher amount in 2023 the UNION MEMBERS shall receive the higher amount. 10 page120 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as comply with the Act and avoid any penalties, taxes or fines for the Employer. ARTICLE XVII STANDBY Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour pay for each hour on standby. An employee shall be considered to be in standby status only if he or she is expressly directed to serve in such capacity by the Chief of Police or his/her designee. ARTICLE XVIII UNIFORMS The EMPLOYER shall provide required uniform and equipment items. Each employee shall also receive a maximum of three hundred ($300) dollars annual reimbursement for cleaning and maintenance of uniforms. Reimbursement shall be upon presentation of receipts for cleaning and maintenance services from any cleaners. ARTICLE XIX INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee regular pay and Worker Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee vacation, sick leave or other accumulated paid benefits. ARTICLE XX EDUCATIONAL INCENTIVE 20.1 Supplementary pay based on educational degree will be paid to employees who have been employed by the City as a patrol officer for a period of at least 12 consecutive months prior to the promotion. Four year degree 9% Masters Degree 12% 11 page 121 ARTICLE XXI WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this AGREEMENT was negotiated or executed. ARTICLE XXII WAGE RATES The monthly base rate of pay without an educational degree shall be: 2022 2023 At 0-12 months $7,865 $8,101 At 12-24 months $8,259 $8,506 At 24+ months $8,672 $8,932 At 240 months $g 848 $9,113 (total department service) If any group of employees within the City of Mendota Heights that has been formally certified as a bargaining unit by the BMS receives an across-the-board pay increase that is more than 2.75%, then the employees in the sergeant's bargaining unit will receive the same across- the-board percentage increase as the BMS certified bargaining unit that receives the highest percentage increase. ARTICLE XXIII VACATIONS Time accrued according to the following schedule: 0-5 years of service 10 days per year 6-10 years of service 15 days per year Over 10 years of service 1 additional day per year, not to exceed 20 days 12 page122 Accrued vacation shall be used in the year following the year which said time is earned. Employees may accrue vacation leave not to exceed a maximum of two hundred hours (200). On December 31 st of each year any hours over 200will be forfeited. No employee shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE XXIV HOLIDAYS Each employee shall be granted a total of eleven (11) paid holidays. Holiday leave time will be accounted for in a separate holiday leave bank and shall not accumulate from year to year. Any holiday leave time remaining in the employee holiday leave bank on December 31 shall be paid to the employee at their then current rate. If an employee works on a legal holiday, they shall be granted '/ hour of compensatory time for each hour worked, in addition to the holiday pay. Each employee shall be granted one floating holiday during the calendar year. The floating holiday is not eligible for carry-over or monetary compensation. The City will add Juneteenth as a paid holiday following State of Minnesota adoption of the holiday. ARTICLE XXV PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION SICK LEAVE 25.1 PERSONAL LEAVE: Permanent full-time employees shall accrue personal leave at the rate of four (4) hours per month, to a maximum of 320 hours. Personal leave shall be available for use without restriction, except by prior approval of the supervisor. An employee shall not be allowed to use more than twenty (20) consecutive personal days, or a combination of twenty (20) consecutive personal and vacation days, without prior approval consistent with city personnel policies. Each December 1, any employee with an accrued Personal Leave balance in excess of 320 hours may convert the excess hours at a rate of 50%, to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra vacation credited, with the second payroll in December. Beginning November 1 st of each year beginning November 2012, all employees have agreed to contribute to the State of Minnesota's Post Employment Health Care Savings Plan as described below: Employees shall contribute 1% of pay, and the cash equivalent of 24 hours of personal time each year. 13 page123 All employees eligible for severance pay will contribute 75% of their severance payouts to their post-employment health care savings accounts. Upon separation, employees will be compensated for any unused Personal Leave, vacation and compensatory time balances accrued. 25.2 EXTENDED DISABILITY PROTECTION: Permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of 640 hours. Extended disability protection is available for use on the first day of a personal illness, and thereafter, or anytime for a work-related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal, extended disability, vacation, and compensatory leave accruals. ARTICLE XXVI INDEMNIFICATION INSURANCE The City shall provide a policy to cover the employee for indemnification for civil liability cases arising out of and within the scope of the Employee's job duties. ARTICLE XXVII TRAINING 27.1 The employer shall be responsible for providing all training required by the POST Board to maintain the Iicensure as a certified police officer, and shall pay the cost of the POST Iicensure and shall pay employees for all time spent in such training at the applicable rate. 27.2 The EMPLOYER will allow employees to attend such other job- related training programs as may be mutually agreed upon by the EMPLOYER and individual employees. Employees scheduled to work during such a training session will be allowed time off without loss of pay for attendance and those attending during non- scheduled hours will be allowed compensatory time off or pay at 14 page124 straight time for time spent in training, unless the time is required to be compensated at time and one-half under applicable law. 27.3 The EMPLOYER shall reimburse employees for all reasonable costs incurred in obtaining EMPLOYER approved training, including but not limited to, registration, and license fees, mileage, and lodging and meals. 27.4 All training activities shall be subject to the prior approval of the Police Chief. ARTICLE XXX DURATION This agreement shall be effective as of January 1, 2022 and shall remain in full force and effect until the 31 st day of December, 2023. FOR THE CITY OF MENDOTA HEIGHTS Mayor Date City Administrator Date City Clerk Date FOR THE MINNESOTA PUBLIC EMPLOYEES ASSOCIATION Business Agent Date Steward Daten 15 page125 1101 Victoria Curve I Mena;;, 50. 651452.1850 phone 1 6", www.mendota-heigh,s com CITY OF r+� MENOOTA HEIGHTS DATE: December 21, 2021 TO: Mayor and City Council, City Administrator FROM: Kelly Dumais, Assistant City Administrator SUBJECT: Approval of 2022 Seasonal Pay Matrix INTRODUCTION The City Council is asked to approve the 2022 Seasonal Pay Matrix. BACKGROUND Each year the City hires a number of seasonal workers within Public Works, Recreation and at the Par 3. Hourly rates for seasonal workers are set annually and are separate from the City's pay matrix for regular, non-union employees. Staff has evaluated and adjusted seasonal wage rates to comply with the upcoming Minnesota minimum wage increase and to provide competitive wage rates to attract qualified applicants. Minnesota's minimum wage rate will increase on January 1, 2022,from $10.05 to $10.33 an hour (for large employers). In addition, labor shortages for part-time work have resulted in regional increases for municipal seasonal positions. To maintain competitive pay with surrounding communities, the proposed pay matrix includes additional adjustments beyond what is required under the new minimum wage. The seasonal pay matrix was last adjusted in December, 2020. Attachment: 2022 Proposed Seasonal Staff Pay Matrix BUDGET IMPACT The increase in the minimum wage and the need to make changes to seasonal wages were anticipated and included in the 2022 budget. The cost of employing the same seasonal staff the city employed in 2021 with the updated matrix in 2022 would be approximately an additional $9,300. RECOMMENDATION Staff recommends approving the 2022 Seasonal Pay Matrix, as attached. ACTION REQUIRED If the Council concurs, it should, by motion, approve the 2022 Seasonal Pay Matrix. page126 CITY OF MENDOTA HEIGHTS 2022 SEASONAL STAFF PAY MATRIX (PROPOSED) Recreation Position Step 1 Step 2 Step 3 Step 4 Warming House/Rink Attendant $11.00 $11.50 $12.00 $12.50 Recreation Playground Assistant Golf Course Clubhouse Worker $11.50 $12.00 $12.50 $13.00 Golf Course Maintenance Worker Tennis Assistant Pickleball Assistant $12.75 $13.00 $13.25 $13.50 Golf Assistant Recreation Playground Lead Golf Course Maintenance Worker Lead $13.75 $14.00 $14.25 $14.50 Golf Instructor Tennis Instructor $15.75 $16.00 $16.25 $16.50 Skating Instructor Public Works Position Step 1 Step 2 Step 3 Step 4 Rink Flooder $11.00 $11.50 $12.00 $12.50 Parks Maintenance Worker $11.50 $12.00 $12.50 $13.00 *Minnesota minimum wage of$10.33 (effective 01/01/2022) n`r Y M Y o Yo 0 m o toIll O o nvi a m bD a 1. N y o 05 o yL6M O M O O ti •g d d d OffOyyJ li �' li li �' Q o o T o LD o ^ o O R R V Nm c� O O Q M c� M M b/ O h Y d c lD c c lD O M O O M > m m m O Z m m m > u > > u O W o o v n O o ry O o O Z W Z n Z o � ti Y ti ti N r — �a — _ a a O L m In O E Li IF � 3 I 3 i I Li I �I c° o om en mo o a o Ym - oo � - Yoo Yo vo N N n N V N V V M �1 N o o o O O O O Ln o lD b N o O W ^ ^ m o M OLriQ Q d V V O W W a c ai c c ai O N O O N d m m m O Z > uf. > > uf. O W o o o IvMj O o °� p O o Q Q Z n Z n Z 7) T No " a a a — uo a Q E m ° v bA E o •3 "o l o w o N M o o o o o N O m M b Q r dm, o 4 o o" ri d o n o to o M o vi o a o o m m L y w o n y l0 y M O — a bA O O n O h YO •a) f6 li 'V1 li 'V1 li 'V1 U O c N o o V H O H C O oo o M M N N o ^ M M 3 m g ry N N d N N a c ui c c ui O Q O O Q a j m m m a O > > > Z > n > > n E v 2 0 0 N 2 0 °� M 2 O R c ab to 0 ti v N + v OJ — — a a a 0 3 E o h a m M- h y c m h c I. o 0 0 0 . o o o o n p ^ N W O o 0 o ry M « vi o 0 o M « o a N v W O Q d v N d d O n O O O O N O O ci Q N � N rj M O n n O a c n c c n Q E O O O d m m m U O > > > Z m m m v > > > v 2 0 0 0 ^a h 2 o v 2 o eNy k N N O O O N O - d _ O _ N w C o O. _ d Erg v Ln 2 o `m 3 c �_ E m ° y aN-I m Q F V V F �i V z page128 5q. 1101 Victoria Curve 1 Mendota Helghts.MN 55118 651,452.1850 phone 1 651.452.8940(ax www.mentlata-heig hts.com CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: December 21. 2021 TO: i lydVol" City' Council and Cite Administrator FROM: Kristen Schabacker, Finance Director tug SUBJECT: Claims List Summary BACKGROUND Significant Claims Met Council Environmental Srvcs—December Sewer Service $ 122,310-38 US Bank Monthly Purchases $ 6,961.19 Barr Engineering—Ridge Place Sewer Work $ 14,878,68 Campbell Knutson—Legal Services $ 7,135.84 Civicplus—Annual Civicrec Fee $ 4,961.25 Ehlers&Associates—Sewer Rate Study $ 15,900.00 Fleet Services—Insurance Claim Payment $ 27,600.00 Great River Greening—Invasive Species Services $ 20.668.23 League of MN Cities Membership Dues $ 11.ti 71.00 Lexipol—2022 Policy Manual—Police Dept $ 9,42Q,17 LOGIS—IT Services $ 13,730.00 Mendota Heights Fire Relief Association—2021 City Contribution $ 168,750.00 Northdale Construction— Somerset Sewer Aligrnnent $ 16. ,20.67 Northfield Solar—Utilitus $ 7.1 16.92 OPG—3—2022 Laserfiche Licenses $ 10..164.00 PlayPower LT Farmington—Marie Park Playground $ -�.u00.00 TKDA—Marie Ave Street Project Work $ 25 -129.60 Traffic Logix Corp—Speed Measuring Camera $ 16.:,2_1 00 Ziegler—Skid Steer Snowplow $ 8, 9 34 Manual Checks Total $ 131,711.57 System Checks Total $ 461,896.17 Total for the list of claims for the December 21,2021 city council meeting $ 593,607.74 RE+COi1MMENDATION Staff recommends that the Mendota Heights City Council approve the list of claims for December 21,2021. page129 CITY OF MENDOTA HEIGHTS 12/16/21 12:28 PM Page 1 Claims List MANUAL CHECKS 12115/21 MAN Account Comments DEFT Descr Amount Search Name DRIVER&VEHICLE SERVICES E 01-4490-020-20 FORFEITURE TRANSFER Police $25.00 E 01-4490-020-20 FORFEITURE TRANSFER Police $25.00 .............. ....- Search Name DRIVER&VEHICLE SERVICES $S0.00 Search Name I C M A RETIREMENT 457 G 01-2073 12/10/21 PAYROLL $150.00 G 01-2072 12/10/21 PAYROLL $2,190.00 Search Name I C M A RETIREMENT 457 $2,340.00 Search Name METRO COUNCIL ENVIRONMENT SVC E 15-4449-060-60 DEC SEWER Utility Enterprise $122,310.38 Search Name METRO COUNCIL ENVIRONMENT SVC $122,310.38 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 12/10/21 PAYROLL $50.00 Search Name NATIONWIDE RETIREMENT SOLUTION $50.00 Search Name U. S. BANK E 01-4400-020-20 STREET COP TRAINING-T.AL Police $249.00 E 01-4400-050-50 TRAFFIC SIGN&M AIN WORKS Road&Bridges $45.00 E 01-4400-050-50 TREE INSPECTOR RECERTIFIC Road&Bridges $50.00 E 01-4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $224.88 E 01-4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $118.57 E 01-4223-020-20 OCT 2021 TRANSUNION -PD Police $124.60 E 01-4435-200-70 HALLOWEEN EVENT SUPPLIES Parks&Recreation $49.80 E 01-4400-030-30 ICS300 CLASS- D.JOHNSON Fire -$325.00 E 01-4435-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $30.14 E 01-4435-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $147.51 E 01--4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $40.65 E 01-4305-020-20 OPERATING SUPPLIES-PD Police $49.68 E 01-4435-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $71.64 E 01-4400-030-30 ICS300 CLASS- D.JOHNSON Fire $325.00 E 01-4402-030-30 ZOOM -FIRE Fire $16.06 E 01-4400-030-30 CONFERENCE EXPENSE-FIRE Fire $911.59 E 01-4403-030-30 AHA BLS CARD-FIRE Fire $216.00 E 01-4300-110-10 MTG SUPPLIES-ADMIN Administration $287.21 E 01-4490-109-09 MTG SUPPLIES-CITY COUNCI City Council $226.89 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $31.82 E 01-4400-020-20 PLEAA TRAINING-HOECHST& Police $80.00 E 01-4305-024-20 AXON TASERS- PD Police $2,762.98 E 15-4335-310-60 BLDG MAINT-PW Utility Enterprise $23.38 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $24.45 E 01-4330-490-70 BACKPACK SPRAYER-PARKS Parks&Recreation $140.28 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $25.98 E 01-4301-114-14 LAPTOP BATTERY-IT Info Tech $31.99 E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $3.67 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $3.67 E 15-4330-490-60 EQUIP REPAIR-UTILITY Utility Enterprise $3.66 E 01-4210-020-20 PHONE EQUIP-PD Police $247.05 E 01-4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $64.53 E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $23.38 E 01-4435-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $139.83 page130 CITY OF MENDOTA HEIGHTS 12/16/21 12:28 PM Page 2 Claims List MANUAL CHECKS 12/15121 MAN Account Comments DEPT Descr Amount E 01-4210-020-20 PHONE EQUIP- PD Police $25,97 E 01-4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $12.89 E 01-4435-200-70 SPECIAL EVENT SUPPLIES_RE Parks&Recreation $95.89 E 01-4435-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $57,82 E 01-443S-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $147.20 E 01-4435-200-70 SPECIAL EVENT SUPPLIES-RE Parks&Recreation $10.21 E 01-4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $120.83 E 01-443S-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation -$1S.99 E 01-4435-200-70 SPECIAL EVENT SUPPLIES- RE Parks&Recreation $17.10 E 01-4335-310-70 BLDG MAINT- PW Parks&Recreation $23.38 ............... Search Name U. S. BANK $6,961.19 $131,711.57 page 131 CITY OF MENDOTA HEIGHTS 12/16/21 12:24 PM Page 1 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount Search Name 106 GROUP E 09-4220-000-00 OHEYAWAHE PILOT KNOB PRE Spec Fds $2,835.00 ....................... .... Search Name 106 GROUP $2,835.00 Search Name A-1 VACUUM CLEANER COMPANY E 06-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $87.69 Search Name A-1 VACUUM CLEANER COMPANY $87.69 Search Name ALERUS RETIREMENT AND BENEFITS E 01-4490-110-10 NOV 2021 SERVICE FEE Administration $40.00 Search Name ALERUS RETIREMENT AND BENEFITS $40.00 Search Name AMERICAN PRESSURE,INC. E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $37.15 E 15-4335-310-60 BLDG MAINT-PW Utility Enterprise $37.15 E 01-4335-310-70 BLDG MAINT-PW Parks&Recreation $37.15 Search Name AMERICAN PRESSURE,INC. $111.45 Search Name APPLIED CONCEPTS,INC. E 04-4610-000-00 SQUAD EQUIP-PD Spec Fds $2,192.00 .............................. Search Name APPLIED CONCEPTS,INC. $2,192.00 Search Name ARAMARK(AMERIPRIDE SERVICES) E 01-4410-OSO-SO UNIFORM- PW Road&Bridges $10.82 E O1-4410-OSO-SO UNIFORM- PW Road&Bridges $10.62 E 15-4200-610-60 MAT SERVICE-PW Utility Enterprise $11.88 E 01-4200-610-70 MAT SERVICE-PW Parks&Recreation $11.87 E 08-4335-000-00 MAT SERVICE-CITY HAIL Spec Fds $447.11 E 15-4200-610-60 MAT SERVICE-PW Utility Enterprise $10.00 E 01-4200-610-SO MAT SERVICE-PW Road&Bridges $10.00 E 01-4200-610-70 MAT SERVICE-PW Parks&Recreation $10.00 E 01-4200-610-SO MAT SERVICE-PW Road&Bridges $11.87 .................................... Search Name ARAMARK(AMERIPRIDE SERVICES) $534.37 Search Name ASPEN WASTE SYSTEMS INC. E 08-4280-000-00 DEC 2021 RUBBISH SERVICE- Spec Fds $292,67 E O1-4280-310-50 DEC 2021 RUBBISH SERVICE- Road&Bridges $199.19 E 01-4260-310-70 DEC 2021 RUBBISH SERVICE- Parks&Recreation $199.19 E 01-4260-315-30 DEC 2021 RUBBISH SERVICE- Fire $163.72 E 45-4280-045-45 DEC 2021 RUBBISH SERVICE- Golf Course -$52.93 E 01-4220-085-85 DEC 2021 ORGANIC RECYCLIN Recycling $340.86 E 15-4260-310-60 DEC 2021 RUBBISH SERVICE- Utility Enterprise $199.18 Search Name ASPEN WASTE SYSTEMS INC. $1,341.88 Search Name B C A-TRAINING&EDUCATION E 01-4400-020-20 PREDATORY OFFENDER COURS Police $25.00 Search Name B C A-TRAINING&EDUCATION $75.00 Search Name BARBEAU ARCHITECTS, INC. E 10-4620-000-00 WENTWORTH WARMING HOUS Spec Fds $1,560.00 Search Name BARBEAU ARCHITECTS, INC. $1,560.00 Search Name BARR ENGINEERING E 15-4220-060-60 RIDGE PLACE SANITARY SEWE Utility Enterprise $14,878.68 page132 CITY OF MENDOTA HEIGHTS 12/16/21 12:24 PM Page 2 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount Search Name BARR ENGINEERING $14,878.68 Search Name BT OUTDOOR SERVICES E 01-4500-050-50 TREE SERVICES-STREET Road&Bridges $1,800.00 Search Name BT OUTDOOR SERVICES $1,800.00 Search Name CAMPBELL KNUTSON E 01-4220-120-10 NOV 2021 GENERAL LEGAL SE Administration $462.00 E 01-4220-120-80 NOV 2021 GENERAL LEGAL SE Planning $161.50 E 01-4220-120-70 NOV 2021 GENERAL LEGAL SE Parks&Recreation $214.50 E 01-4220-120-10 NOV 2021 CLERK LEGAL SERVI Administration $181.50 E 01-4220-120-80 NOV 2021 PLANNING LEGAL SE Planning $2,640.00 E 27-4220-802-00 NOV 2021 PUBLIC WORKS LEG Spec Fds $132.00 E 15-4220-120-60 NOV 2021 PUBLIC WORKS LEG Utility Enterprise $264.00 E 01-4221-120-10 NOV 2021 MEETING5 LEGAL SE Administration $3,060.34 ....................................................... Search Name CAMPBELL KNUTSON $7,135.84 Search Name CIVICPLUS G 01-1215 2022 CIVICREC ANNUAL FEE $4,961.25 Search Name CIVICPLUS $4,961.25 Search Name COMCAST BUSINESS E 01-4268-030-30 DEC 7-]AN 8 SERVICE-FIRE Fire $34.77 E 45-4210-045-45 DEC 8-JAN 7 SERVICE-PAR 3 Golf Course $179.96 Search Name COMCAST BUSINESS $214.73 Search Name CONTINENTAL SAFETY EQ E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $15.90 Search Name CONTINENTAL SAFETY EQ $15.90 Search Name DAKOTA COUNTY ENVIRONMENT MGNT E 15-4280-310-60 WA5TE DISPOSAL-PW Utility Enterprise $32.42 E 01-4280-310-50 WASTE DISPOSAL- PW Road&Bridges $32.43 E 01-4280-310-70 WASTE DISPOSAL- PW Parks&Recreation $32.43 Search Name DAKOTA COUNTY ENVIRONMENT MGMT $97.28 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 01-4220-114-14 OCT 2021 GOPHER LOCATES D Info Tech $14.85 E 01-4220-114-14 4TH Q 2021 OPERATIONAL CO Info Tech $2,274.50 . .................................. Search Name DAKOTA COUNTY FINANCIAL SERVIC $2,289.35 Search Name EHLERS&ASSOCIATES INC E 15-4220-060-60 SEWER RATE STUDY Utility Enterprise $15,900.00 Search Name EHLERS&ASSOCIATES INC $15,900A0 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01-4481-110-10 SQUAD REPAIRS- PD Administration $675.00 E 01-4330-440-20 SQUAD REPAIRS-PD Police $2,563.19 E 01-4481-110-10 SQUAD REPAIRS-PD Administration $4,155.34 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG $7,393.53 Search Name FIRST NET/AT&T MOBILITY E 01-4490-080-80 CELL SERVICE- PLANNING Planning $45.12 E 45-4210-045-45 IPAD WIRELESS SERVICE-PAR Golf Course $38.23 E 01-4210-070-70 IPAD WIRELESS SERVICE- REC Parks&Recreation $38.23 page133 CITY OF MENDOTA HEIGHTS 12/16/21 12:24 PM Page 3 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount E 01-4490-109-09 CELL SERVICE-CITY COUNCIL City Council $45.12 E 01-4210-OSO-50 CELL SERVICE-STREET Road&Bridges $43.92 E 01-4210-070-70 CELL SERVICE- REC Parks&Recreation $48.97 E 01-4210-020-20 CELL SERVICE- PD Police $103.40 E 01-4223-020-20 AIR CARDS- PD Police $344.07 E 01-4210-105-15 CELL SERVICE- ENGINEERING Engineering Enterprise $45.12 E 01-4210-030-30 CELL SERVICE- FIRE Fire $95.29 Search Name FIRST NET/AT&T MOBILITY $847.47 Search Name FLEET SERVICES E 01-4481-110-10 LEASE SQUAD TOTALED- PD Administration $27,600.00 Search Name FLEET SERVICES $27,600.00 Search Name FLEETPRIDE E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $120.62 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $16S.81 E 01-4330-490-70 EQUIP REPAIR- PARKS Parks&Recreation $110.09 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $271.32 .................. Search Name FLEETPRIDE $667.84 Search Name FORCE AMERICA E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $294.79 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $20.00 Search Name FORCE AMERICA $314,79 Search Name FRONTIER AG&TURF E 01-4330-490-70 EQUIP REPAIR- PARKS Parks&Recreation $172.83 E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $493.48 ....................... .... . Search Name FRONTIER AG&TURF $666.31 Search Name GOPHER STATE ONE CALL E 01-4210-040-40 NOVEMBER 2021 SERVICE Code Enforcement/Inspe $153.90 Search Name GOPHER STATE ONE CALL $153.90 Search Name GRAINGER E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $188.80 E 08-4335-000-00 BLDG MAINT-CITY HALL 5pec Fds $70.48 ........----........... . Search Name GRAINGER $259.28 Search Name GRANNIS&HAUGE, P.A. E 01-4222-120-20 NOV 2021 PROSECUTIONS-P Police $5,891.00 Search Name GRANNIS&HAUGE, P.A. $5,891.00 Search Name GREAT RIVER GREENING E 01-4330-21S-70 INVASIVE SPECIES-PARKS Parks&Recreation $3,600.00 E 01-4330-215-70 INVASIVE SPECIES-PARKS Parks&Recreation $17,068.23 Search Name GREAT RIVER GREENING $20,668.23 Search Name H&L MESABI E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $1,244.52 Search Name H&L MESABI $1,244.52 Search Name HAGELEE, ERIC E 01-4410-020-20 EQUIP REIMBURSEMENT- E. H Police $116.11 Search Name HAGELEE, ERIC $116.11 page134 CITY OF MENDOTA HEIGHTS 12116r2 1zPa PM Page 4 Claims List SYSTEM CHECKS 12121/21 PAY Account Comments DEPT Descr Amount Search Name HELPING HANDS HOME SERVICES E 01-4335-315-30 NOV 2021 BLDG MAINT- FIRE Fire $660.00 Search Name HELPING HANDS HOME SERVICES $660.00 Search Name I A C P NET G 01-1215 2022 IACP NET SUBSCRIBER D $825.00 ._._........ Search Name I A C P NET $B25.00 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-070-70 PAPER Parks&Recreation $22.54 E 01-4300-110-10 PAPER Administration $196.70 E 01-4300-105-15 PAPER Engineering Enterprise $22.54 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $54.50 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $76.52 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $14.2B E 01-4300-020-20 PAPER Police $53.27 E 01-4300-080-80 PAPER Planning $38.93 E 01-4300-110-10 OFFICE SUPPLIES-ADMIN Administration $81.09 E 01-4300-020-20 OFFICE SUPPLIES- PD Poiice $18.48 E 01-4300-020-20 SUPPLIES- PD Police $26.64 E 01-4300-030-30 PAPER Fire $22.54 E 01-4300-040-40 PAPER Code Enforcement/Inspe $40.98 E 01-4300-105-15 OFFICE SUPPLIES- ENGINEERI Engineering Enterprise $11.64 E 15-4300-060-60 PAPER Utility Enterprise $12.30 ............................................._.. Search Name INNOVATIVE OFFICE SOLUTIONS $692.9S Search Name INTEREUM E 01-4331-110-10 FURNITURE-ADMIN Administration $290.68 Search Name INTEREUM $290.68 Search Name KAT KEYS E 01-4490-020-20 KEY BOXES&CYLINDERS- PD Police $451.44 .................... Search Name KAT KEYS $451.44 Search Name K-TECH COATINGS E 01-4421-050-50 BEET HEET CONCENTRATE_S Road&Bridges $413.62 ......................................... Search Name K-TECH COATINGS $413.62 Search Name LANGUAGE LINE SERVICES E 01-4220-020-20 NOV SERVICE-PD Police $12.50 Search Name LANGUAGE LINE SERVICES $12.50 Search Name LAWSON PRODUCTS,INC E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $46.22 E 01-4305-050-50 OPERATING SUPPLIES-STREE Road&Bridges $46.21 E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $46.21 E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $3.00 E 01-4305-050-50 OPERATING SUPPLIES-STREE Road&Bridges $7.99 E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $2.99 E 01-4305-070-70 OPERATING SUPPLIES-PARKS Parks&Recreation $29.13 E 01-4305-050-50 OPERATING SUPPLIES-STREE Road&Bridges $29.13 E 15-4305-060-60 OPERATING SUPPLIES-UTILIT Utility Enterprise $29.12 ........._.._..... Search Name LAWSON PRODUCTS, INC $235.00 page135 CITY OF MENDOTA HEIGHTS 12/16/21 12:24 PM Page 5 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount Search Name LEAGUE MN CITIES E 01-4404-110-10 SEPT-DEC 2021 CITY MEMBER Administration $3,857.00 G 01-1215 JAN-AUG 2022 CITY MEMBERS $7,714.00 Search Name LEAGUE MN CITIES $11,571.00 Search Name LEXIPOL, LLC G 01-1215 2022 POLICY MANUAL&DAILY $9,429.17 .............................. Search Name LEXIPOL,LLC $9,429.17 Search Name LOGIS E 01-4220-114-14 HOSTED BACKUPS/SERVER/PA Info Tech $3,300.50 E 01-4223-020-20 PROFESSIONAL IT SERVICES- Police $593.75 E 01-4301-030-30 PROFESSIONAL IT SERVICES- Fire $31.25 E 01-4220-114-14 ADOBE RENEWAL Info Tech $3,231.00 E 01-4220-114-14 APPLICATION SUPPORT IT TEL Info Tech $2,154.00 E 01-4301-030-30 APPLICATION SUPPORT-FIRE Fire $76.00 E 01-4223-020-20 APPLICATION SUPPORT-PD Police $3,561.00 E 01-4220-114-14 PROFESSIONAL IT SERVICES- Info Tech $782.50 Search Name LOGIS $13,730.00 Search Name LUBE-TECH E 15-4335-310-60 BLDG MAINT-PW Utility Enterprise $226.61 E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $226.60 G 01-1210 OIL $704.41 E 01-4335-310-70 BLDG MAINT- PW Parks&Recreation $226.60 .......... ... . Search Name LUBE-TECH $1,384.22 Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL $4,168.71 Search Name MANSFIELD OIL COMPANY $4,168.71 Search Name MARTIN-MCA LLISTER E 01-4306-020-20 PERSONNEL ASSESSMENTS-P Police $550.00 Search Name MARTIN-MCALLISTER $550.00 Search Name MCCARTY, PHILIP E 01-4400-020-20 TUITION REIMBURSEMENT-P. Police $1,252.60 Search Name MCCARTY, PHILIP $1,252.60 Search Name MCDOWALL COMFORT MANAGEMENT G 01-1215 BOILER MAINT AGREEMENT-F $958.33 E 08--4335-000-00 BOILER REPAIRS-CITY HALL Spec Fds $1,000.00 E 01-4335-315-30 BOILER MAINT AGREEMENT- F Fire $479.17 Search Name MCDOWALL COMFORT MANAGEMENT $2,437.50 Search Name MCLAUGHLIN,JAMES G 15-1150 REFUND SEWER ACCOUNT OVE $1,500.00 Search Name MCLAUGHLIN,JAMES $1,500.00 Search Name MENARDS E 01-4421-050-50 SALT MIXER-STREET Road &Bridges $38.46 E 01-4421-050-50 SALT MIXER-STREET Road&Bridges $29.99 E 15-4335-310-60 BLDG MAINT- PW Utility Enterprise $20.02 E 01-4335-310-70 BLDG MAINT- PW Parks&Recreation $20.02 page136 CITY OF MENDOTA HEIGHTS 12/16/21 12:24 PM Page 6 Claims List SYSTEM CHECKS 12121/21 PAY Account Comments DEPT Descr Amount E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $18.85 E 01-4305-050-50 OPERATING SUPPLIES-STREE Road&Bridges $48.37 G 45-2035 BLDG MAINT-PAR 3 -$2.06 E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $20.02 E 01-4421-OSO-50 CONCRETE MIX-STREET Road&Bridges $54.89 E 01-4421-050-SO SALT MIXER-STREET Road&Bridges -$51.96 E 01-4421-050-50 SALT MIXER-STREET Road&Bridges $120.91 E 01-4330-490-70 EQUIP REPAIR- PARKS Parks&Recreation $6.44 E 01-4305-030-30 OPERATING SUPPLIES- FIRE Fire $43.51 E 01-4421-050-50 SALT MIXER-STREET Road&Bridges $49.90 E 45-4335-046-45 BLDG MAINT-PAR 3 Golf Course $32.00 E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $13.01 Search Name MENARDS $462,37 Search Name MENDOTA HEIGHTS FIRE RELIEF E 06-4490-000-00 2021 CITY CONTRIBUTION Spec Fds $168,750.00 Search Name MENDOTA HEIGHTS FIRE RELIEF $168,750.00 Search Name METRO SALES E 01-4330-490-SO NOV 2021 COPIER/PRINTER LE Road&Bridges $13.01 E 01-4300-030-30 NOV 2021 COPIER/PRINTER LE Fire $129.76 E 01-4200-610-20 NOV 2021 COPIER/PRINTER LE Police $232,95 E 01-4220-110-10 NOV 2021 COPIER/PRINTER LE Administration $1,347.17 E 01-4330-490-70 NOV 2021 COPIER/PRINTER LE Parks&Recreation $13.01 E 15-4330-490-60 NOV 2021 COPIER/PRINTER LE Utility Enterprise $13.00 ..... ................ Search Name METRO SALES $1,748.90 Search Name MIDWEST FENCE&MFG CO E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $2.80 Search Name MIDWEST FENCE&MFG CO $2.80 Search Name MINNESOTA OCCUPATIONAL HEALTH E O1-4244-030-30 ANNUAL PHYSICALS-FIRE Fire $2,159.00 Search Name MINNESOTA OCCUPATIONAL HEALTH $2,159.00 Search Name MN CHIEFS OF POLICE ASSN G 01-1215 CLEO&COMMAND ACADEMY- $750.00 ............................ Search Name MN CHIEFS OF POLICE ASSN $750.00 Search Name MN DEPT OF AGRICULTURE G O1-1215 2022 PESTICIDE LICENSE-A. $10.00 G 01-1215 2022 PESTICIDE LICENSE-J. K $10.00 G 01-1215 2022 PESTICIDE LICENSE-R. $10.00 ........................................... Search Name MN DEPT OF AGRICULTURE $30.00 Search Name MN FIRE SERVICE CERTIFICATION G 01-1215 FIRE FIGHTERS RECERTIFICAT $275.00 Search Name MN FIRE SERVICE CERTIFICATION $275.00 Search Name MN GOLF COURSE SUPERINTENDENTS G 45-1215 2022 CLASS B MEMBERSHIP- P $165.00 Search Name MN GOLF COURSE SUPERINTENDENTS $165.00 Search Name MN POLLUTION CONTROL AGENCY G 01-1215 2022 WASTEWATER OPERATO $23.00 page137 CITY OF MENDOTA HEIGHTS 12/16121 12:24 PM Page 7 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount Search Name MN POLLUTION CONTROL AGENCY $23.00 Search Name MN ST ADMIN ITG TELECOM SRVCE E 01-4223-020-20 NOV 2021 WAN SERVICE Police $124.00 E 01-4220-114-14 NOV 2021 WAN SERVICE Info Tech $111.00 ................... Search Name MN ST ADMIN 1TG TELECOM SRVCE $235.00 Search Name MN STATE FIRE DEPARTMENT ASSN G 01-1215 2022 MSFDA MEMBERSHIP DU $375.00 ........................ Search Name MN STATE FIRE DEPARTMENT ASSN $375.00 Search Name MN TEAMSTERS LOCAL 320 G 01-2075 DEC 2021 UNION DUES $802.00 Search Name MN TEAMSTERS LOCAL 320 $802.00 Search Name MORRISON, DAN E 92-4460-798-00 MARIE AVE STREET IMPROVEM Spec Fds $258.00 Search Name MORRISON, DAN $258.00 Search Name MOTOROLA SOLUTIONS,INC. E 01-4330-440-20 EQUIP-PD Police $4,631.25 Search Name MOTOROLA SOLUTIONS, INC. $4,631.25 Search Name NAMEPLATES E 01-4300-110-10 TRASH HAULER TAGS Administration $297.26 Search Name NAMEPLATES $297.26 Search Name NATURE CALLS,INC E 01-4200-610-70 NOV RENTALS- PARKS Parks&Recreation $945.00 ....................._..__..______._.. Search Name NATURE CALLS,INC $945.00 Search Name NORTHDALE CONST CO E 15-4220-060-60 SOMERSET ELEMENTARY SEW Utility Enterprise $16,820.67 Search Name NORTHDALE CONST CO $16,820.67 Search Name NORTHFIELD SOLAR LLC E 01-4211-315-30 OCT 2021 ELECTRIC UTILITIES Fire $822.85 E 01-4211-320-70 OCT 2021 ELECTRIC UTILITIES Parks&Recreation $308.70 E 28-4211-000-00 OCT 2021 ELECTRIC UTILITIES Spec Fds $1,442.17 E 01-4211-310-70 OCT 2021 ELECTRIC UTILITIES Parks&Recreation $289.76 E 08-4211-000-00 OCT 2021 ELECTRIC UTILITIES Spec Fds $2,621.47 E 01-4211-310-50 OCT 2021 ELECTRIC UTILITIES Road&Bridges $289.76 E 45-4211-046-45 OCT 2071 ELECTRIC UTILITIES Golf Course $52.76 E 15-4211-310-60 OCT 2021 ELECTRIC UTILITIES Utility Enterprise $289.76 E 45-4211-047-45 OCT 2021 ELECTRIC UTILITIES Golf Course $37.47 E 01-4211-420-50 OCT 2021 ELECTRIC UTILITIES Road&Bridges $176.93 E 15-4211-400-60 OCT 2021 ELECTRIC UTILITIES Utility Enterprise $845.29 Search Name NORTHFIELD SOLAR LLC $7,176.92 Search Name NORTHLAND RECREATION LLC E 10-4620-000-00 MARIE PARK ENTRANCE Spec Fds $750.00 .......... Search Name NORTHLAND RECREATION LLC $750.00 Search Name NOVACARE/WORK STRATEGIES E 01-4306-020-20 NEW HIRE TESTING-PD Police $185.00 page138 CITY OF MENDOTA HEIGHTS 12/16/21 12:24 PM Page 8 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount Search Name NOVACARE/WORK STRATEGIES $185.00 Search Name OPG-3,INC. G 01-1215 2022 LASERFICHE LICENSES $10,464,00 Search Name OPG-3,INC. $10,464.00 Search Name OREILLY AUTO/FIRST CALL E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $340.93 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $263.92 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $32.97 E 15-4330-490-60 EQUIP REPAIR-UTILITY Utility Enterprise $164.97 E 01-4330-490-70 EQUIP REPAIR- PARKS Parks&Recreation $175.92 ................................... Search Name OREILLY AUTO/FIRST CALL $978.71 Search Name OXYGEN SERVICE CO E 1S-4200-610-60 CYLINDER RENTAL-PW Utility Enterprise $46.00 E 01-4200-610-50 CYLINDER RENTAL-PW Road&Bridges $46.00 E 01-4200-610-70 CYLINDER RENTAL-PW Parks&Recreation $4&00 Search Name OXYGEN SERVICE CO $138.00 Search Name PITNEY BOWES E 01-4200-610-1S 9/30/21-12/29/21 POSTAGE M Engineering Enterprise $6.51 E 15-4200-610-60 9/30/21-12/29/21 POSTAGE M Utility Enterprise $21.70 E 01-4200-610-70 9/30/21-12/29/21 POSTAGE M Parks&Recreation $3.25 E 01-4200-610-20 9/30/21-12/29/21 POSTAGE M Police $21.70 E 01-4318-040-40 9/30/21-12/29/21 POSTAGE M Code Enforcement/Inspe $21.70 E 01-4200-610-30 9/30/21-12/29/21 POSTAGE M Fire $6.51 E 01-4318-080-80 9/30/21-12/29/21 POSTAGE M Planning $32.55 E 01-4200-610-50 9/30/21-12/29/21 POSTAGE M Road&Bridges $1.08 E 01-4200-610-10 9/30/21-12/29/21 POSTAGE M Administration $43.40 ............................... Search Name PITNEY BOWES $158.40 Search Name PLAYPOWER LT FARMINGTON INC E 10-4620-000-00 MARIE PARK PLAYGROUND Spec Fds $5,000.00 ..................... .. . Search Name PLAYPOWER LT FARMINGTON INC $5,000.00 Search Name R K HUNTER E 01-4330-215-70 PARK MAINTENANCE Parks&Recreation $160.00 Search Name R K HUNTER $160.00 Search Name RES GREAT LAKES, LLC E 01-4220-070-70 NATURAL RESOURCE MGMT PL Parks&Recreation $1,727.50 .................... Search Name RES GREAT LAKES, LLC $1,727.50 Search Name RITEWAY BUSINESS FORMS E 01-4300-020-20 W-2 FORMS Police $22.07 E 01-4300-030-30 W-2 FORMS Fire $39.65 E 01-4300-070-70 W-2 FORMS Parks&Recreation $30.39 E 01-4300-10S-15 W-2 FORMS Engineering Enterprise $5.55 E 01-4300-050-50 W-2 FORMS Road&Bridges $5.55 E 15-4300-060-60 W-2 FORMS Utility Enterprise $2.25 E 01-4300-110-10 W-2 FORMS Administration $10.84 E 45-4300-045-45 W-2 FORMS Golf Course $15.86 . ......................... _ Search Name RITEWAY BUSINESS FORMS $132.16 page139 CITY OF MENDOTA HEIGHTS 12/16/21 1224 PM Page 9 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount Search Name ROSEVILLE MIDWAY FORD E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $7.60 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $25.85 E 01-4330-490-70 EQUIP REPAIR-PARKS Parks&Recreation $105.35 E 01-4330-440-20 EQUIP REPAIR-PD Police $17.16 E 01-4330-490-10 EQUIP REPAIR-ADMIN Administration $50.52 Search Name ROSEVILLE MIDWAY FORD $206.48 Search Name ROYAL TIRE INC E 01-4330-490-50 EQUIP REPAIR-STREET Road &Bridges $217.78 Search Name ROYAL TIRE INC $217.78 Search Name S E H G 01-212S VERIZON C-BAND LTE @ WT $660.33 G 01-2125 SPRINT DECOMMISSIONING @ $1,560,00 Search Name S E H $2,220.33 Search Name SAND CREEK GROUP G 01-1215 2022 EMPLOYEE ASSISTANCE P $1,795.20 Search Name SAND CREEK GROUP $1,795.20 Search Name SCHLOMKA SERVICES, LLC E 01-4335-310-50 BLDG MAINT-PW Road&Bridges $108.03 E 01-4335-310-70 BLDG MAINT- PW Parks&Recreation $108.03 E 1S-4335-310-60 BLDG MAINT- PW Utility Enterprise $108.04 E 15-4330-490-60 PUMP AND CLEAN LIFT STATIO Utility Enterprise $25.00 G 01-1145 SEWER CLEANING- LLOYDS $750.00 ....................................................... Search Name SCHLOMKA SERVICES, LLC $1,099.10 Search Name SPRWS E 15-4425-310-60 NOV 2021 SERVICE-2431 LEX Utility Enterprise $18.61 E 01-4425-315-30 NOV 2021 SERVICE-2121 DO Fire $77.38 E 01-4425-310-50 NOV 2021 SERVICE-2431 LEX Road&Bridges $18.61 E 01-4425-310-70 NOV 2021 SERVICE-2431 LE( Parks&Recreation $18.61 E 08-4425-000-00 NOV 2021 SERVICE--1101 VIC Spec Fds $104.14 E 01-4425-315-30 OCT 2021 SERVICE-2121 DOD Rre $322,02 ............................. Search Name SPRWS $559.37 Search Name ST CLOUD STATE UNIVERSITY E 01-4400-020-20 12/6/21 EVOC/PIT CLASS-HO Police $910.00 ..........._............... .. Search Name ST CLOUD STATE UNIVERSITY $910.00 Search Name ST. PAUL PIONEER PRESS E 01-4240-070-70 NOV 2021 LEGAL NOTICES Parks&Recreation $157.50 E 01-4240-110-10 NOV 2021 LEGAL NOTICES Administration $18.45 E 15-4240-060-60 NOV 2021 LEGAL NOTICES Utility Enterprise $113.40 E 01-4240-080-60 NOV 2021 LEGAL NOTICES Planning $45.00 ........................... ....................... Search Name ST. PAUL PIONEER PRESS $334.35 Search Name ST. PAUL,CITY OF E 01-4422-050-50 ASPHALT MIX-STREET Road&Bridges $720.12 ..................... Search Name ST. PAUL,CITY OF $720.12 Search Name STEPP MFG page140 CITY OF MENDOTA HEIGHTS 12116121 12:24 PM Page 10 Claims List SYSTEM CHECKS 12121/21 PAY Account Comments DEPT Descr Amount E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $230.00 Search Name STEPP MFG $230.00 Search Name STERLING CODIFIERS,INC G 01-1215 2022 HOSTING FEE $500.00 Search Name STERLING CODIFIERS, INC $500.00 Search Name STREICHERS E 01-4410-020-20 UNIFORM-P. MCCARTY Police $109.99 E 01-4410-020-20 UNIFORM- L.VANDERSTEEN Police $229.97 Search Name STREICHERS $339.96 Search Name SUMMIT COMPANIES E 45-433S-046-45 FIRE SPRINKLER SERVICE- PA Golf Course $967.22 G 45-2035 FIRE SPRINKLER SERVICE-PA -$62.22 Search Name SUMMIT COMPANIES $905.00 Search Name SUN LIFE(ASSURANT BENEFITS) E 01-4132-031-30 DEC 2021 PREMIUM Fire $169.60 ..............._. ..... Search Name SUN LIFE(ASSURANT BENEFITS) $169.60 Search Name TKDA E 92-4220-798-00 MARIE AVE STREET IMPROVEM Spec Fds $25,429.60 Search Name TKDA $25,429.60 Search Name TOWMASTER E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $1,941.16 E 01-4330-490-50 EQUIP REPAIR-STREET Road&Bridges $51.03 Search Name TOWMASTER $1,992.19 Search Name TRAFFIC LOGIX CORPORATION E 01-4610-020-20 SPEED MEASURING CAMERA- Police $16,323.00 ..................................._..._._..__ Search Name TRAFFIC LOGIX CORPORATION $16,323.00 Search Name TRI COUNTY LAW ENFORCE. ASSOC. G 01-1215 2022 ANNUAL DUES-PD $75.00 ................................ Search Name TRI COUNTY LAW ENFORCE. ASSOC. $75.00 Search Name TWIN CITY GARAGE DOOR CO. E 01-4335-315-30 GARAGE DOOR SERVICE- FIRE Fire $325.00 .............. ...... . Search Name TWIN CITY GARAGE DOOR CO. $325.00 Search Name ULINE E 01-4305-020-20 EVIDENCE ROOM SUPPLIES-P Police $854.71 Search Name ULINE $854.71 Search Name VERIZON WIRELESS E 01-4210-050-50 DEC 2021 CELL SERVICE Road&Bridges $158.76 E 15-4210-060-60 DEC 2021 CELL SERVICE Utility Enterprise $41.25 E 01-4210-070-70 DEC 2021 CELL SERVICE Parks&Recreation $115.92 E 45-4210-045-45 DEC 2021 CELL SERVICE Golf Course $40.01 E 01-4210-030-30 DEC 2021 CELL SERVICE Fire $198.92 E 01-4210-110-10 DEC 2021 CELL SERVICE Administration $41.25 Search Name VERIZON WIRELESS $596.11 Search Name VITO MECHANICAL CONTRACTORS page 141 CITY OF MENDOTA HEIGHTS 12/96/29 12:24 PM Page 19 Claims List SYSTEM CHECKS 12/21/21 PAY Account Comments DEPT Descr Amount E 08-4335-000-00 BLDG MAINT-CITY HALL Spec Fds $165.00 Search Name VITO MECHANICAL CONTRACTORS $165.00 Search Name ZIEGLER INC E 04-4620-000-00 SKID STEER SNOW BLOWER Spec Fds $7,950.00 E 01-4330-490-30 EQUIP REPAIR-FIRE Fire $514.67 E 15-4330-490-60 EQUIP REPAIR-UTILITY Utility Enterprise $414.67 Search Name ZIEGLER INC $8,879.34 $461,896.17 page142 8a. 1101 Victoria Curve I Mendota Heights,MN »118 651.452.1850 phone 1651.452.8940 fax www.mendota-hei ghts.com CITY OF MENDOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: December 21, 2021 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator Ryan Ruzek, Public Works Director SUBJECT: Approve 2022 Field and Facility Use Fees INTRODUCTION The City coordinates and issues permits for the use of city fields and facilities. City fields and facilities are often used in a multi-purpose manner and are requested by a variety of sport providers and users.Each year the City Council sets the Field and Facility Use Fees as part of the fee schedule approval. Additionally,the City Council must consider the implementation of Dakota County Ordinance 110 regarding Solid Waste Management and its impact on field and facility user fees for 2022 and beyond. BACKGROUND The Parks and Recreation Commission met on November 9, 2021 to review the field and facility use fees and make recommended changes for 2022. The Commission made an initial recommendation to formally reduce the costs for traveling team tournaments for the Mendota Heights Athletic Association (MHAA) to a not-to-exceed fee of$498 per weekend tournament. The Commission's recommendation was based on the City Council's granting of a few waiver request by MHAA, reducing tournament fees to a not-to-exceed fee of $498 for weekend tournaments during the 2021 season. The City Council met in a work session on November 15, 2021 to discuss Field and Facility Use Fees. At that meeting staff presented the Commission's fee recommendation and information on Dakota County Ordinance 110 relating to Solid Waste Management and its impacts on events held at city fields and facilities. Dakota County Ordinance 110-Solid Waste Management addresses recycling and waste management requirements designed to reduce waste going to landfills, improve the quality of materials recycled, and make progress toward the state's goal to recycle 75 percent of waste by 2030. Dakota County Ordinance 110-Solid Waste Management is memorialized in City Code Title 4, Chapter 2. page143 The City needs to determine who is responsible for solid waste disposal and associated costs during large events held at city facilities. The Public Works Director has recommended moving these responsibilities and related costs on tournament weekends from city staff to the private user group. Upon review of the requirements associated with Ordinance 110/City Code 4-2-2 & City Code 4- 2-4 and its impacts on large events (defined as events with 300 or more people), the City Council asked the Parks and Recreation Commission to review the new information in regards to the previous fee recommendation and provided three options for the Commission to consider: 1. Charge the current (2021) tournament fees per the fee schedule and the City provides solid waste removal services; or 2. Reduce tournament fees to a not-to-exceed fee of $498 and require user groups to coordinate their own solid waste removal and hire a company to provide dumpsters; or 3. Charge the current 2021 tournament fees per the fee schedule and require user groups to coordinate their own solid waste removal and hire a company to provide dumpsters *Estimated cost for dumpsters on-site for a tournament is $310 per weekend Additionally, the City Council asked the Commission to review the club per-player user fee (Priority Group 4) and discuss whether those fees should be increased for 2022. The Council questioned whether the price difference between Groups 3 and 4 was large enough. Attachments: Field and Facility Use Policy 2021 Field and Facility Use Fees (currently adopted in 2022 fee schedule) Draft Waste and Recycling Requirements-Events on City Property Solid Waste Requirements Per Mendota Heights City Code BUDGET IMPACT In 2021, the City received $7,381 from the Mendota Heights Athletic Association (MHAA) and $2,290 from SALVO Soccer across all types of user fees. The City provided a waiver to MHAA for traveling tournament fees, which resulted in a total of$1,528 for tournament field fees. If the City Council had not approved a waiver, the City would have received $2,920 in tournament field fees. MHAA in-house tournament events are exempt from user fees. RECOMMENDATION The Parks and Recreation Commission has recommended the following: 1. The City be responsible for solid waste disposal and associated costs during user group large events held at city facilities. 2. The Commission elected not to recommend a specific dollar amount for tournament user fees for 2022 in regards to the three options the City Council provided. 3. The City continue the same User Group #4 fees (club sports)for 2022 as were assessed in 2021, which is currently $10 per player. ACTION REQUESTED If the City Council concurs, it should pass a motion approving the 2022 Field and Facility Use Fees and determining how Solid Waste Removal should be handled for user group large events in the future. page144 CITY OF MENDOTA HEIGHTS FIELD AND FACILITY USE POLICY CONTACT: Mendota Heights Parks and Recreation 1101 Victoria Curve Mendota Heights, MN 55118 651-452-1850 APPROVED: November, 2018 REVISED: December, 2021 page145 City of Mendota Heights Field and Facility Use Policy A. PURPOSE The City of Mendota Heights, hereinafter referred to as the "City", coordinates and issues permits for the use of athletic fields and facilities owned by the City. The purpose of this policy is to establish guidelines for the allocation and management of City athletic fields and facilities. For purposes of this policy, fields shall be defined as an athletic area where people participate in sports and shall include facilities and fields, ice rinks, and tennis and basketball courts. The objectives to this policy include: allocating the use of the current athletic fields to support Parks and Recreation programs throughout the City and for Mendota Heights' residents, preserving the facilities offered by minimizing wear and tear, and preventing overuse while conserving maintenance costs. B. FIELD USE PERMITS The City will coordinate and allocate the use of city athletic fields and facilities for city and non- city organizations, groups, and individuals to play, practice, hold tournaments, and other sport and non-sport related events. Field and facility use permits are issued following the City's permit process. Permit applicants must be 18 years of age or older. A permit is issued only after an allocation request is made, all required documents and information is received, and the City has approved the request, either in-part or in its entirety. A request does not constitute an approval. All reservations require the issuance of a permit. The use of a field or facility begins and ends at the times stated on the permit including set-up and clean-up. Any special requests or arrangements must be made as part of the permit application process. This includes special lining requests for fields. Each permit must also include an approximation of users at the facility for parking and amenity considerations. The City reserves the right to deny, limit or revoke use permits based upon an applicant's performance history including compliance with established rules and policies, field conditions after use, and unruly behavior of participants and guests. Application Deadlines Permits will be issued three times throughout the year based on the following timeline: • Permit requests for use from December through February will be due on the first business day in November. • Permit requests for use from March through July will be due on the first business day in February. Page 2 page146 o Requests for tournaments at Mendakota are due the first business day in January. Staff has 21 days to respond to applications. • Permit requests for use from August through November will be due on the first business day in June. To balance use, the City reserves the right to allocate specific fields to specific users and to limit the number of fields allocated to any one group or user. The City does not guarantee that a priority group or user will receive the fields or times requested. The City will make every effort to work with all users in the scheduling of City fields and facilities. In certain cases, when reservation requests are received for the same or similar days and times, reservations shall not be confirmed by the City until after area meetings are held and actual team schedules are confirmed. Reservations received after the deadline will be handled on a first-come, first-serve basis. The City reserves the right to keep unreserved athletic fields and facilities available to the general public for open, unstructured or public recreation on a first come/first serve basis during normal operating hours. Field request forms are available at City Hall or on the City's website. C. PRIORITY GROUP CLASSIFICATIONS Due to the limited number of fields and facilities and the volume of requests, the City has established criteria for priority use. An organization's priority group classification will be considered during the assignment of the priority for field and facility allocation. Priority use of fields will be given to traditional primary season sports and by priority group classification. Priority use of field will be allocated as follows: Priority#1: City of Mendota Heights Sponsored or Co-Sponsored Programming, Events and Activities This includes activities that are organized through or in connection with the City of Mendota Heights Parks and Recreation Department, directly sponsored by the City, or as a cooperative program with other jurisdictions. Reservations for City sponsored activities, programs, games, practices, leagues and tournaments may be taken at any time for any date. There are no use fees charged for City reservations. Priority#2: Public and Private Schools Located in Mendota Heights This includes schools that are located within the City of Mendota Heights. An agreement must be in place that defines the City of Mendota Heights' reciprocal use of the school's athletic facilities. If there is no agreement in place, the priority shall be moved to priority#4 and use fees will be assessed. Page 3 page147 On an annual basis, public and private schools recognized in this priority category must submit the following: • Certification of Coaches Training and Background Check Screening Compliance. The City requires that a recognized public or private school must submit, on an annual basis, a signed Coaches Training and Background Check Screening Compliance Certification. The Certification shall be signed by an authorized representative and must be on file with the City before the first permitted day of each year, regardless of the sport. • Proof of Insurance. The City requires that a recognized public or private school must submit, on an annual basis, proof of insurance. Proof must be on file with the City before the first reservation day of each year, regardless of the sport. See Section I for insurance requirements. Priority#3: Recognized Youth Athletic Associations This includes Youth Athletic Associations that are recognized by the City of Mendota Heights. Recognized youth athletic associations are defined by the following characteristics: • The association has nonprofit status under Section 501c3 or other applicable provision as defined by Internal Revenue Services (IRS) and is in good standing with the Minnesota Secretary of State. • The association conducts sports programs that are primarily social and/or recreational in nature. The association administers and abides by an "everyone plays" philosophy and has a no cut policy. • The association serves the athletic needs of youth in Mendota Heights, is primarily Mendota Heights based and provides significant benefit and service to residents of the City of Mendota Heights. Upon request, the association is able to provide team rosters to substantiate that the association (by sport) serves a majority Mendota Heights residents. • Registration must be open to the public. The association must not discriminate on the basis of race, ethnicity, economic status, gender, sexual orientation, religion, disability, or ability. Team assignments may be determined by ability, however, the organization must have a policy for determining teams based on ability. • The association conducts youth sports programming through volunteer coaches and board of directors selected by the membership. • The association completes background check screenings on all coaches, assistant coaches, board members, volunteers and anyone who has contact with children. The association has a written background check screening policy. In addition to the characteristics of an association defined herein, recognized Youth Athletic Associations must submit the following to the City, upon request: Page 4 page148 • Documentation from the Internal Revenue Service showing tax exempt status under Section 501c3 or other applicable provision. • Association bylaws and policies. • A list of the Board of Directors for the association and current contact information including telephone and email address. On an annual basis, Youth Athletic Associations recognized in this priority category must submit the following: • Certification of Coaches Training and Background Check Screening Compliance. The City requires that a recognized Association must submit, on an annual basis, a signed Coaches Training and Background Check Screening Compliance Certification. The Certification shall be signed by an authorized representative and must be on file with the City before the first permitted day of each year, regardless of the sport. • Proof of Insurance. The City requires that a recognized Association must submit, on an annual basis, proof of insurance. Proof must be on file with the City before the first reservation day of each year, regardless of the sport. See Section I for insurance requirements. • Rosters by Season. For demographic and billing purposes, the City requires that a recognized Association submit rosters by sport. Provided information shall include sport types, team name, year, name of participant, and address including city and zip code. The City will make every effort to accommodate all permit requests. In the event of competing requests from recognized associations in this category, the City will determine allocation of fields and facilities based on the following factors: • The percentage of verifiable Mendota Heights residents served in the permit request. The request which has the majority of Mendota Heights residents confirmed will receive a higher priority. Residency percentages will be established using rosters from the most current season. Rosters must be submitted in .xIs or .csv format. Information provided must include: sport type, team name, season of sport/year, participant name, address including city and zip code. • Previous experience with the City of Mendota Heights. • Date and time of permit request. Priority#4: Recognized Community Youth Sports Clubs and Leagues This includes sports organizations which provide athletic leagues or clubs for Mendota Heights' youth and are separate from the Youth Athletic Associations. The City recognizes that Page 5 page149 recreational play may be available through clubs and leagues and encourages organizations with recreational offerings to partner with City recognized Youth Athletic Associations for maximum field and facility accommodation. Youth sports clubs and leagues are defined by the following characteristics: • The organization may be for-profit or have nonprofit status under Section 501c3 or other applicable provision as defined by Internal Revenue Services (IRS) and is in good standing with the Minnesota Secretary of State. • The organization conducts sports programs that are competitive in nature. The curriculum and programming is focused on the maximum development and exposure of players to the next level of play. • The organization conducts youth sports programming through paid coaches, board members and/or administrative staff. • The organization does not discriminate on the basis of race, ethnicity, background, sexual orientation, religion, disability, or ability. Team assignments may be determined by ability. There must be a policy for determining teams based on ability. • The organization completes background check screenings on all coaches, assistant coaches, board members, volunteers and anyone who has contact with children. The association has a written background check screening policy. In addition to the characteristics of a Youth Sport Club or League defined herein, recognized Youth Sport Clubs and Leagues must submit the following to the City, upon request: • The organization's bylaws and policies which govern operations. • A list of the Board of Directors for the organization and current contact information including telephone and email address. On an annual basis, Community Youth Sports Clubs and Leagues recognized in this priority category must submit the following: • Certification of Coaches Training and Background Check Screening Compliance. The City requires that a recognized Community Youth Sports Club or League must submit, on an annual basis, a signed Coaches Training and Background Check Screening Compliance Certification. The Certification shall be signed by an authorized representative and must be on file with the City before the first reservation day of each year, regardless of the sport. • Proof of Insurance. The City requires that a recognized Community Youth Sports Club or League must submit, on an annual basis, proof of insurance. Proof must be on file with the City before the first reservation day of each year, regardless of the sport. See Section I for insurance requirements. Page 6 page150 • Rosters by Season. For demographic and billing purposes, the City requires that a recognized Community Youth Sports Club or League submit rosters by sport. Provided information shall include sport types, team name, year, name of participant, and address including city and zip code. In an event of competing requests from recognized organizations in the category, the City will determine allocation based on the following factors: • The percentage of verifiable Mendota Heights residents served in the permit request. The request which has the majority of Mendota Heights residents confirmed will receive a higher priority. Residency percentages will be established using rosters from the most current season. Rosters must be submitted in .xIs or .csv format. Information provided must include: sport type, team name, season of sport/year, participant name, address including city and zip code. • Previous experience with the City of Mendota Heights. • Date and time of permit request. Priority#5: Mendota Heights Residents Use of the Facility for Personal Use This includes residents of Mendota Heights using fields and facilities for personal use. In an event of competing requests in the category, the City will determine allocation based on the following factors: • Date and time of permit request • Previous experience with the City of Mendota Heights Priority#6: Mendota Heights-Based Businesses/Commercial Organizations This includes business and commercial organizations that have a Mendota Heights office as evidenced by their address to use the facilities. In an event of competing requests in this category, the City will determine allocation based on the following factors: • Data and time of the permit request • Previous experience with the City of Mendota Heights Priority#7: Non-Mendota Heights Organizations, Businesses, and Individuals This includes all non-Mendota Heights residents, organizations, groups, and businesses who want to use the facilities. In an event of competing requests in this category, the City will determine allocation based on the following factors: Page 7 page 151 • Date and time of the permit request • Previous experience with the City of Mendota Heights D. SPORT SEASON PRIORITY A sport in its traditional season will be given priority consideration for field and facility use over an out-of-season sport. The following are considered traditional sport seasons: • Spring/Summer: Baseball, Softball, T-Ball, Lacrosse • Fall: Soccer, Football • Winter: Hockey Fields and facilities will be used for the intended sport unless otherwise authorized by the City. The City will attempt to accommodate emerging sports, when feasible. E. FEES The City may charge application and use fees in order to recover public costs to operate, maintain, repair, improve and administer the use of City fields. For each application submitted, an application fee shall be assessed. Field use fees shall be approved by the City Council and included in the City's Fee Schedule. Use fees are subject to change at the discretion of the City Council. All users who receive a permit for exclusive use of a field must pay the appropriate fee per the City fee schedule. Payments can be made by cash, check or credit/debit card. F. NON-USE OF FIELDS, FIELD EXCHANGE, OR SUBLEASE When permits are issued, a specific field is reserved for the user, to the exclusion of others. Recognizing this exclusivity, groups should only reserve the fields intended for use. Users may not assign their scheduled time to other groups or sublease fields under any circumstance. Any such action will result in the loss of rental/allocation privileges. A user may not "give up or exchange" their allocation or any part of it, without a written agreement between the impacted parties and City approval. Subleasing of fields without City approval will result in revocation of all permits for all parties. Any organization that has been allocated space and subsequently determines that it cannot use it according to the permit issued shall notify the City so that the field may be reallocated or otherwise used by another group or the general public. Blanket permitting of City field and facilities by any user group is prohibited. Users will be required to provide team schedules that indicate all allocated fields and facilities have been scheduled, when requested. The City will verify the use of reserved field and facilities. A pattern of continued non-use of a rented, permitted field will result in the revocation of the use permit and the assignment of the field or facility to another user group. Page 8 page152 G. FIELD CLOSURE, PERMIT CANCELLATION AND REFUNDS The City is responsible for determining if a field shall be scheduled for use or not and reserves the right to decide to periodically not schedule specific athletic fields and facilities. The City attempts to be flexible in accommodating user groups, but ultimately, the health and safety of the user and the condition and playability of a field takes priority. This may require the closure of fields or facilities, denial of use of a field or facility, and/or the assignment of alternate sites for use. Field closures will be communicated to permit holders by the Recreation Program Coordinator. The City may cancel use of City fields/facilities for reasons including, but not limited to, any of the following reasons: • City maintenance work involving the facility or field • When the health or safety of participants is threatened • Inclement weather • Wear and tear of the field including field retirement for regrowth and rehabilitation • Unforeseen events including fire, drought, natural disaster or vandalism • Non-adherence to field and facility use policy, City ordinances, or use rules and regulations Permits cancelled by the City of Mendota Heights may be rescheduled as availability allows, or may be refunded in full. Permits cancelled due to non-adherence with field and facility use policy, City Ordinances, or use rules and regulations will not be refunded. Permits cancelled by the user: • More than 30 days in advance will receive a 100% refund (excluding application fee) • 15-30 days in advance will receive a 50% refund (excluding application fee) • Less than 14 days in advance will not receive a refund • In the event of a weather related cancellation by the user, the user must notify the Recreation Program Coordinator within two (2) business days after the cancellation to confirm a credit or to arrange rescheduling. If the City is not notified within two (2) business days by the user that the event was cancelled due to inclement weather, the user will be billed as if the event occurred. H. MAINTENANCE The City performs maintenance on a routine basis to ensure fields and facilities are in good repair. The City will determine the appropriate number of hours each field can be used per season. Permit users will not be able to use the fields more than the hours allowed. This will be based on the field's current condition and estimated intended City use throughout the year. Page 9 page153 Infield dragging. Infield dragging is done during the week (Monday— Friday) according to the schedule as defined by the City. Fields are not dragged or striped on the weekend (Saturday and Sunday) or on holidays; unless the user has paid a tournament preparation fee. If fields are too wet, fields will not be dragged with motorized equipment, the City will still chalk and hand rake to reduce low spots in the infield. Lining and striping of fields. Lining and striping of fields shall be done during the week (Monday—Friday) according to the schedule as defined by the City. Fields are not lined or striped on the weekend (Saturday and Sunday) or on holidays. A single field will not be lined with more than one field overlay per season, unless the City can accommodate it. Foul lines will be painted in the outfield on all baseball fields during the season, but infield chalking will only be done at Mendakota and Civic Center fields. Groups wanting to chalk fields shall have received approval from the Recreation Program Coordinator, prior to chalking. Rink Flooding. Flooding of outdoor rinks will occur on an as needed basis, based on weather and rink conditions. Clean up and disposing of waste. Users are expected to dispose of waste in proper trash and recycling receptacles. The City of Mendota Heights prides itself on being a clean and green community, and renters are asked to recycle as much of their waste as possible. I. INSURANCE The permit holder agrees to indemnify and hold harmless the City from any and all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of the use of the facility by the permit holder and its members, guests and agents. Field and facility users must provide insurance coverage throughout the period of use naming the City of Mendota Heights as "additional insured". Permit holders will be required to provide proof of general liability insurance coverage at a minimum amount of$2,000,000 for property damage and bodily injury. Proof of insurance via a Certificate of Insurance must be provided at least 14 days prior to the first date of play or special event. J. CONCESSION SALES No organization or person shall sell or offer any product, food or service for sale without the prior written approval of the City. The sale of beer or other alcoholic beverages is prohibited. Requests which include the use of food trucks will be considered on a case-by-case basis. Food trucks require a permit, which is issued by the City Clerk. Requests must be made at least 14 days in advance of the event. Groups wanting to use concession stands or offer food or beverages for sale will need to obtain the appropriate permits and/or licenses from the County or State and have said permits or licenses during the entire time of the event. A copy of the approved permit must be submitted to the City in order to obtain keys to the concessions stand. Page 10 page154 K. ATHLETIC SPECIAL EVENTS Athletic special events are activities on City property that include, but are not limited to, tournaments, clinics, camps, or any other activity other than regular season practices, games and evaluations. Permits. Special events require a separate permit and should be requested outside of regular season play permits. Permit requests for special events will be accepted from user groups during the permit application timeframe identified in Section B of this policy. Special Event Contact and Information. Users must have an appointed tournament director/event manager on site, who can be contacted by City staff. Users will supply the Parks and Recreation Department with a schedule of games. Games shall not start before 8:00 am on any day of a tournament and may not be scheduled to start later than 6:30pm. If users want to schedule games at different times than allowed, the user must receive approval from the Recreation Program Coordinator. Users must include in the application if spectators will be charged admission. Advertisement banners or signs may not be placed at any facility without permission from the Recreation Program Coordinator. Special Event Fees. The City may charge application and special event use fees in order to recover public costs to operate, maintain, repair, improve and administer the use of City fields. For each application submitted, an application fee shall be assessed. Special Event use fees shall be approved by the City Council and included in the City's Fee Schedule. Use fees are subject to change at the discretion of the City Council. The City reserves the right to waive field use and preparation fees and concession stand fees for "in-house" tournaments hosted by users recognized in priority group three (3). For purposes of this provision, "in-house" shall be defined as tournament style play where games are played between competing teams all from within the same organization. Special event fees including field and concession fees for invitational tournaments shall be charged. All users who receive a permit for exclusive use of a field must pay the appropriate fee per the City fee schedule. The City will bill and payment shall be made prior to the event. Payments can be made by cash, check or credit/debit card. In the event of weather related cancellations by the permit holder, the permit holder will be billed unless the permit holder contacts the Recreation Program Coordinator within two (2) business days after a weather related cancellation to confirm a credit or to arrange rescheduling. Field Preparation, Maintenance and Clean-Up. Fields will not be prepped throughout the tournament day. Maintenance staff will prep the fields before the first scheduled game(s) of the day, if the user elects to pay the preparation fees. Users may not modify or alter City fields Page 11 page155 in any way. The City will not provide equipment for groups to prep fields on their own throughout the tournament. All users of City park field and facilities are expected to leave the area(s) in the same or better condition than which it was found. Users will be responsible for picking up all trash at the end of each day's events. Users who fail to clean up may be charged by the City for excessive clean up. It is the responsibility of the permit holder to make sure areas are cleaned up. Facility Capacity. Users must provide the number of teams and estimated number of playing participants. Due to space limitations regarding parking and spectator capacity, the City has the right to decrease the number of games in order to comply with the facility's size. Users are responsible for maintaining management over the conduct of participants and spectators while using fields and facilities. Tournament hosts will be responsible for traffic and parking control and adhere to all City parking regulations. Parking is allowed only in designated areas. No vehicles are allowed on City fields, sidewalks or paths. Users are responsible for the coordination and rental of any additional portable restrooms and/or hand washing stations that are needed in order to accommodate special events and shall be coordinated in conjunction with the Recreation Program Coordinator. L. TENNIS COURT PERMIT REQUIREMENTS Tennis court reservations are limited to residents of Mendota Heights. Non-residents are ineligible for reserving tennis courts. Tennis courts may not be reserved for private lessons, group lessons, hitting groups, or any other use of the facility by an instructor. The usage of the tennis courts under a reservation may only be utilized for open play. Resident groups reserving the tennis courts are eligible to reserve up to four hours maximum within the City per week. Groups can only reserve one court at a time, the other court within the tennis facility must remain open for non-reservation public usage. Tennis courts within Mendota Heights will only be reserved for a maximum of six hours per day to ensure public usage of the courts are available to all residents. M. CITY CONTACT All communication with the Recreation Program Coordinator must be made through the spokesperson of the group. Athletic associations, clubs and leagues must choose one person who will be the City's main contact. This eliminates confusion and establishes direct, efficient communication. Users should report any facility damage, accidents, dangerous or unsafe conditions to: City of Mendota Heights Recreation Program Coordinator Page 12 page156 Phone: 651-255-1354 (During regular business hours: Monday—Thursday 7:00 am to 4:30 pm and Friday from 7:00 am to 11:30 am) Weekend/After Hours Phone: 651-302-3301 Email: meredithl@mendota-heights.com (Email is checked Monday-Friday during regular business hours) Page 13 page157 City of Mendota Heights Field and Facility Use Fees 2021 Priority Level 3:Youth Athletic Associations Priority Level 4:Youth Sports Clubs and Leagues Priority Level 5: Mendota Heights Residents(Personal Use) Priority Level 6: Mendota Heights Businesses/Commercial Organizations Priority Level 7: Non-Mendota Heights Residents,Organizations, Businesses APPLICATION $25.00 per Permit Request due at the time the request is submitted-non-refundable Soccer, Baseball,Softball, User Group Football, Lacrosse Priority Level 3 $7 per player/season Priority Level 4 $10 per player/season Priority Level 5 $10 per hour/per field Priority Level 6 $15 per hour/per field Priority Level 7 $15 per hour/per field TOURNAMENTS All Sports All Locations User Group Use Fee Field Prep Fee Priority Level 3 and 4 $50 per day/per field $35 per field/per day (required) Priority Level 5, 6 and 7 $50 per day/per field $35 per field/per day (optional) User Group Rinks Priority Level 3 $4 per hour/per rink Priority Level 4 $6 per hour/per rink Priority Level 5 $4 per hour/per rink Priority Level 6 and 7 $8 per hour/per rink page158 WASTE AND RECYCLING REQUIREMENTS: EVENTS ON CITY PROPERTY All Events on City Property with a total of 300 or more people in attendance throughout the duration of the event (set up to clean up) must: ❑ Submit a detailed plan to the City 30 days prior to the event on how event waste will be handled, including responsible parties for obtaining the hauler service, providing education to staff/volunteers on proper waste removal and placing and emptying containers. ❑ Event manager must provide the City with details regarding the waste hauler that has been contracted by the private group. The event manager must work with the City to determine the best site to place the recycling and garbage dumpsters for the event's duration. Event manager must ensure all trash and recycling containers provided by the City are properly paired within 10 feet and each container is labeled in accordance with Dakota County requirements (standardized terminology and images, blue for recycling, black for trash). All event staff/volunteers must attend a City training on proper waste and recycling practices within Mendota Heights parks. Event manager must submit$200 deposit to the City that will be returned at the successful completion of the tournament if the Park is cleaned up, trash/recycling are properly disposed, and back of the house organics are properly disposed. page159 SOLID WASTE REQUIREMENTS Mendota Heights City Code(4-2-2)defines Large Event Venues with Organics: A public gathering of at least three hundred (300) people that generates at least one (1) ton of municipal solid waste or contracts for eight (8) cubic yard or more per location and generates organics back-of-house. Examples include but are not limited to concerts, fairs, festivals, community events, athletic tournaments, parades, etc Mendota Heights City Code (4-2-4)provides the following Collection and Disposal Regulations: Property owners, event sponsors and managers for large event venues with organics shall: • Ensure Dakota County's designated list of recyclables are collected for recycling. • Provide a collection schedule and containers adequate to meet the requirements of this chapter. Container locations must include but are not limited to: indoor and outdoor locations, public spaces, private spaces, and communal spaces. • Ensure all trash collection containers or collection chutes are co-located within ten feet (10) from a recycling container or recycling chute. Each container or chute must have equal access. • Ensure all trash, recyclables, and organics collection containers are clearly labeled or marked to adhere to the standards found in Dakota County Ordinance 110, Section 16.06(A). • Ensure all trash is delivered to a facility licensed or permitted to accept the waste, recyclables are delivered to a recycling facility, and organics are delivered for food recovery or to a composting facility or anaerobic digester. • Provide solid waste abatement messaging in print or electronic form to each employee, tenant, multiunit resident, student, volunteer, and housekeeping and custodial contractors. Messaging must be documented and follow the solid waste abatement messaging published on the Dakota County website and occur: o At least annually. o Within thirty (30) days of any substantive change to generator's waste program. o Within thirty (30) days of anew hire or new tenant. FEE APPROVAL Background .0 Policy/ Fee History ■ Resolution 92-79...Resolution 04-10 ■ Council Action February, 2018 & May 2018 ■ Council Action November, 2018 ■ Council Action December, 2019 ■ Council Action April, 2021 ■ Council Action December, 2021 ■ The Policy is comprehensive--written for all users groups not anyone group, specifically ■ Formalizes the permitting process; establishes consistent guidelines, the process for allocating field and facilities and a cost recovery structure ■ Defines priority/user group categories Human Resources ■ Recreation Program Coordinator ■ Office Support Assistant ■ Public Works Parks Maintenance ■ 4 full-time workers; seasonal staff 2021 Actuals Civic FH HK IH Kens Marie Mend VH Valley WW TOTAL HOURS MHAA Baseball/ Softball 570 461 728 409 0 598 1231.5 704 494 270 5465.5 MHAA Lax 0 0 0 0 222 0 0 0 0 0 222 MHAA Football 0 0 01 0 0 0 268 0 0 0 268 SALVO Soccer 0 180 0 0 922 0 326 0 0 0 1428 Beth Jacob Congregation 27 0 0 0 0 0 0 0 0 0 27 Bethel Baptist Church 9 0 0 0 01 0 40 0 0 0 49 VIS Softball 01 0 01 0 0 0 45.5 0 0 0 45.5 Vis Soccer 0 0 0 0 28 0 0 0 0 0 28 STA Baseball 57 0 0 0 0 0 51.25 0 0 0 108.25 SAYHA 0 0 0 0 0 31 0 0 0 0 31 TOTAL HOURS 663 641 728 409 1172 629 1962 704 494 270 7672.25 MHAA Total 5956 SALVO Total 1428 STA Total 108 Visitation Total 73.5 City Softball Total 148 Tennis Court Hours: 245.5 2021 Participants L--Participants User Group Name Total Number of Percentage of Residents MHAA Baseball 393 60.5% (238/393) MHAA Softball 133 54.8% (73/133) MHAA Lacrosse 56 57.1% (32/56) MHAA Football 177 50.2 (89/177) SALVO Soccer 225 32.8% (74/225) 2021 Revenue M HAA $7,381NMMMMMEE'",V II SALVO $2,290 . . Tournament Tota May 8-9 $382 June 12-13 $382 June 18-20 $573 September 26 $191 Total: $1,528 If waiver was not approved by City Council: $2,920 Tennis Revenue: $1,227.50 City of Mendota Heights Field and Facility Use Fees 2021 PwrOv Level 3:Youth Athletic Associ rnm Primly Level 4:Youth spmu cluhs and Lea,- Primly Level 5:mendota Heights Restdetds(Personal use( Priority Level 6:Meridota Heights Ruvnesses/Commeroal©rga uamns Priority Level 7:N-4leiwlm.Heghtz Residents,(Ngantations,ausiwsses r � 525 00 pe; rm Perms Requestrtse due at the ti the request is submitted-norfrefuudable Current Fees. Soc—,a_ya@.SofthA use,Group Fmehalk Ladaosse •0 Priority Leval 3 57 per Player/season PrwrAy Level 4 Slo per player/season Priority Level 5 510 per hat/per field Priority Level 6 $15 per hour/per field VIR Priority Level 7 S15 per hona/per field r E15RRII&f6LLYWIllm User Group Use Fee Field Prep Fee Pnonty Level 3 and 4 S50 per day/per fell 535 par fieWper day (required) Pt.rhy Level 5,6 and 7 SSR Pg daY/Pg field $35 per fned/per day Iw��aq User croup r ROM Priority LevM 3 54 per hour/per rink Priority Level 4 56 Per hour/per rink Priority iLeval 5 S4 per hp hw mk P.imity'Level 6 and 7 $a per ltr/per rink Dakota County Ordinance 110 Solid Waste Management ■ Mendota Heights City Code (4-2-2) ■ Mendota Heights City Code (4-2-4) ■ Starting 2022, all concessions users that are selling non-prepackaged food, including hotdogs, must conduct organics collection at the event ■ Public Works Director is recommending solid waste removal at tournaments is the responsibility of the user instead of Public Works staff starting in 2022 2022 Initial Parks and Recreation Commission Recommendation ■ Formally reduce the costs for tournaments for MHAA to anot-to-exceed fee of $498 per weekend tournament Request from the City Council: ■ 1. Not to Exceed Tournament Fee of $498 + User Responsible for Solid Waste Removal ■ 2. Fees for the Tournament Remain as Included in 2021 Fee Schedule ■ 3. Fees for the Tournament Remain as Included in 2021 Fee Schedule + User Responsible for Solid Waste Removal Review Club Sports Per Player Fee Final PRC Recommendation to City Council: ■ 1. The City be responsible for solid waste disposal and associated costs during user group large events held at City facilities ■ 2. Commission elected not to recommend a specific dollar amount for tournament user fees for 2022 in regards to the three options the City Council provided ■ 3. The City continue the same User Group #4 fees (Club Sports) for 2022 as were assessed in 2021, which is $10 per player. Requested Action Tonight: ■ Approval of the 2022 Field and Facility Fees ■ Tournaments ■ User Group #4 (Club Sports) ■ Determine any changes for City services in relation to Dakota County Ordinance 110 in regards to events on City Property with more than 300 people