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2023-03-21 City Council Agenda Packet CITY COUNCIL AGENDA MENDOTA HEIGHTS CITY HALL - COUNCIL CHAMBERS Tuesday, March 21, 2023 7:00 p.m. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approve March 7, 2023 City Council Meeting Minutes b. Acknowledge February 14, 2023 Parks and Recreation Commission Meeting Minutes c. Acknowledge January 18, 2023 Airport Relations Commission Meeting Minutes d. Acknowledge February 8, 2023 Natural Resources Commission Meeting Minutes e. Approve Out of Metro Area Travel Request for City Administrator and Assistant City Administrator f. Approve Resolution 2023-17 Consenting to the Amendments to the City’s Multifamily Housing Revenue Refunding Bonds, Series 2013 (Lexington Heights Apartments Project) and Authorizing the Execution of Documents Related Thereto g. Approve the Hiring of a Parks and Recreation Intern h. Acknowledge January 2023 Fire Synopsis i. Approval of Claims List 6. Public Comment Period (for items not on the agenda) 7. Presentations/Recognitions a. Police Department Mission Statement b. Parks, Recreation and Par 3 Annual Report 2022 Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda. Public comments may not be used to air personal attacks, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up to the issues raised or occasionally called on to respond. Page 2 of 2 c. Interstate Valley Creek Stabilization and Volume Reduction Study 8. Public Hearings 9. New Business and Unfinished Business a. Valley View Heights Playground Recommendation 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, March 7, 2023 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayo r Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, Mazzitello, and Miller, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayo r Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayo r Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented pulling item B and Councilor Paper pulling item J. a.Approval of February 21, 2023 City Council Minutes b. Approval of February 21, 2023 Council Work Session Minutes c.Approve March 2, 2023 City Council Closed Session Meeting Minutes d. Acknowledge February 8, 2023 Planning Commission Workshop Notes e.Authorize 2022 Auditing Services with BerganKDV f.Approve Purchase and Installation of Welding Fume Arm for Public Works g.Approve 2023 Street Sweeping Bid and Contract h. Approval of Window Replacement for the Par 3 Community Clubhouse i.Resolution 2023-15 Entering into an Agreement with the Metropolitan Council for the 2020 Inflow and Infiltration Grant j.Authorize Additional Police Officer FTE and Approve the Hiring of Police Officers k.Resolution 2023-16 Accepting a Donation to the Police Department l.Approval of Claims List 5aCity Council | Tuesday, March 21, 2023 | Page 1 of 145 Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS B) APPROVAL OF FEBRUARY 21, 2023 CITY COUNCIL WORK SESSION MINUTES Councilor Lorberbaum commented that she was not at the meeting and will be abstaining from the vote. Councilor Mazzitello moved to approve FEBRUARY 21, 2023 CITY COUNCIL WORK SESSION MINUTES Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Lorberbaum) J) AUTHORIZE ADDITIONAL POLICE OFFICER FTE AND APPROVE THE HIRING OF POLICE OFFICERS Councilor Paper stated that it will be great to add an officer and asked for input from staff. Police Chief Kelly McCarthy stated that they are requesting the hiring of three police officers as the department has been understaffed since May of 2014. She stated that once these three positions are added, this would be the first time the department has been fully staffed in 10 years. Councilor Paper moved to authorize ADDITIONAL POLICE OFFICER FTE AND APPROVE THE HIRING OF POLICE OFFICERS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Bob Zick commented that he is not from Mendota Heights but attends many meetings in different communities and noted the quiet sound of the microphones in the Council Chambers. He urged the Council to accommodate people with hearing loss who want to attend public meetings. Craig Williams, 2259 Fieldstone Drive, stated that he has been working with the skate park subcommittee for about three years. He noted that in 2021 they were made aware of a skate park grant option, which was exciting. He provided an update on recent activity in HF670 by the legislature that could increase funding to the agency that administers that grant. He stated that the City is in the position to double its funding for that skate park project. He felt that the City should apply for the additional funding noting that Mendota Heights is well positioned for approval. City Council | Tuesday, March 21, 2023 | Page 2 of 145 Mayor Levine appreciated the work of Mr. Williams for many years on skate parks. She asked that the information be left with staff and noted that staff would follow up. PRESENTATIONS A) ROGERS LAKE WATER QUALITY REPORT – SAINT THOMAS ACADEMY Tony Kinsley, Saint Thomas Academy, introduced himself and noted that this is their annual presentation of water quality reporting for Rogers Lake. He noted that for a number of years the water quality was on an upward trend but in most recent years there have been some downward trends. He provided details on some of the challenges the students have encountered that could be playing into those results. Andrew Azman provided background information on the sampling that was completed to collect data, identifying the sites where samples were collected and reviewing the data averages. Leo Wencl presented information on dissolved oxygen, fecal coliform, pH, B.O.D.5, temperature, nitrate, total phosphate, turbidity, and total solids. Cade Caruso reviewed the overall rating for the lake based on the results of all nine tests. He noted the downward trend of the results and reviewed items of note that could have impacted the results. He highlighted the positives noticed from the testing as well as the areas of improvement. He provided some solutions that are within their control that could improve the water quality and accuracy of the testing. Mayor Levine thanked the students for the presentation, noting that the Council looks forward to this every year. Councilor Paper noted the drought conditions that lowered the level of the lake by one foot. He asked if that would impact the nitrate results. Mr. Caruso commented that with the water level decreasing, he would believe there would be more nitrates in the lake and therefore it was good that the level of nitrates remained low. Councilor Paper asked a similar question related to the total solids and asked if that would be impacted by the lower water. Mr. Caruso confirmed that could be a reason the total solids were increased. Councilor Lorberbaum commented that as a former teacher she has a list of items she was looking for in the presentation and noted that the students provided all of those items within their presentation. She appreciated the work of the students and the way the information was presented. Councilor Miller commented that this was a great presentation, thanking both the students and teacher. B) FUTURE CITIES PRESENTATION – FRIENDLY HILLS MIDDLE SCHOOL City Council | Tuesday, March 21, 2023 | Page 3 of 145 Crystal Mielke, Friendly Hills Middle School, provided background information on the program her students have been working on and will be presenting tonight. She thanked Councilor Mazzitello for the assistance he provides to the program. The students introduced themselves and provided details on the Futures Cities Program, where the students identify a program and explain how their created city addresses that issue. The issue they had to address this year was climate change. One of the teams focused on food loss and they provided details on how their created city addressed that issue. The other team focused on the issue of flooding and provided details on how their created city addressed that issue. The students also provided information on the process they followed throughout the program to develop different elements of their cities. Councilor Mazzitello thanked the students for the presentation, providing more details on how the program teaches middle school students about how cities function. He thanked the teacher as well. Councilor Miller commented that it was a great presentation, and he appreciated the passion of the students. Councilor Lorberbaum commented that she enjoyed the presentation and learned from it. She asked what the students will do with the knowledge going forward. The students stated that they learned a lot about cities, scientists, and GMOs. They added that they learned a lot that will impact their lives and help them understand more about the government and science. Another student noted that perhaps they can use this information as they go forward into high school studies as well. Councilor Paper commented that he liked that the students are eager to speak and share their information. He commented that it appears the students really enjoyed the program and working together. Councilor Mazzitello commented that this program is an extracurricular activity in the school and does not receive a lot of funding. He stated that materials are needed for building scale models and would be appreciated if residents wished to donate. Ms. Mielke provided examples of different materials that would be helpful. She stated that it is an honor to teach these kids and run this program. Mayor Levine commented that the Council appreciates the work and vision of the students and teacher as well as the support of the parents. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS No items scheduled. City Council | Tuesday, March 21, 2023 | Page 4 of 145 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events and activities. She noted that the City is still looking for seasonal help including tennis and golf instructors. COUNCIL COMMENTS Councilor Mazzitello thanked the students that presented tonight. He stated that it is great to see the great educational opportunities in the community. He stated that for the second consecutive year, MSP Airport has been named the best airport in North America. He acknowledged the work of the Airport Relations Commission that works with other entities relating to the airport. Councilor Lorberbaum also noted the airport award, providing more details from the recent article. She noted the upcoming Chips with the Council tentatively scheduled for Thursday, March 16th. She noted that last Friday was employee appreciation day and thanked all the city employees that do a wonderful job for the community. Councilor Miller thanked all the young presenters tonight who spoke knowledgably about the topics at hand. Councilor Paper thanked the students and teachers for the presentations. He noted that the Rogers Lake results are a highlight of the year, and he continues to be amazed by their dedication. He noted that the middle school presentation was a very fun presentation, and it was clear to see how much those students enjoyed the process. He thanked Councilor Mazzitello for the time he dedicates to that program. Mayor Levine agreed that this was a fun meeting, and it was great to see so many people from the community in attendance. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:58 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk City Council | Tuesday, March 21, 2023 | Page 5 of 145 City Council | Tuesday, March 21, 2023 | Page 6 of 145 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING MINUTES FEBRUARY 14, 2023 The February meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, February 14, 2023, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Parks and Recreation Manager Meredith Lawrence called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Commissioners: Jaffrey Blanks, Tica Hanson, Stephanie Meyer, Michelle Muller, Jo Schifsky, Dan Sherer, and Michael Toth; absent: None. Student Representative: Meg Murphy. Staff present: Parks and Recreation Manager, Meredith Lawrence, and Public Works Director Ryan Ruzek. Parks and Recreation Manager Meredith Lawrence introduced the new Commission members and each member of the Commission introduced themselves. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Election of Chairperson and Vice Chairperson Parks and Recreation Manager Meredith Lawrence asked for nominations for the position of Chairperson. Motion Meyer/second Muller, to nominate Jaffrey Blanks as Chairperson. Commissioner Blanks accepted the nomination. There were no other nominations. AYES 7: NAYS 0 Chair Blanks asked for nominations for the position of Vice Chairperson. Motion Blanks/second Meyer, to nominate Michelle Muller as Vice Chairperson. Commissioner Muller accepted the nomination. There were no other nominations. AYES 7: NAYS 0 5. Approval of Agenda Motion Meyer/second Sherer, to approve the agenda AYES 7: NAYS 0 6.a Approval of Minutes from January 10, 2023 Regular Meeting Motion Sherer/second Muller to approve the minutes of the January 10, 2023 Parks and Recreation Commission Regular Meeting. AYES 7: NAYS 0 5bCity Council | Tuesday, March 21, 2023 | Page 7 of 145 7. Citizen Comment Period (for items not on the agenda) None. 8. Acknowledgement of Reports Chair Blanks read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 8.a Par 3 Update Parks and Recreation Manager Meredith Lawrence presented the preliminary fourth quarter financial report and provided a summary of the 2022 activity. She reviewed the positions that staff is soliciting for the course in preparation for the upcoming season. She stated that they will be ready to open the course when weather allows. She noted that she will present the annual report for the course at the March meeting. She stated that the equipment that had been delayed in 2022 should be received prior to the 2023 season. Commissioner Toth commended staff for working diligently to keep expenses level from 2021 to 2022. Ms. Lawrence provided additional details on the golf course fund and how funds are allocated with the goal for the golf course to be self-sufficient. She noted that the Council makes the decision on whether equipment and/or capital projects should be funded from the golf course fund or general fund. 8.b Recreation Update Parks and Recreation Manager Meredith Lawrence provided an update on upcoming recreation opportunities and summer programing. She also provided an overview of recent recreation events and activity. She reviewed the seasonal staff that the City is looking to hire related to parks and recreation. She noted that the new Recreation Coordinator will join the department in March. Commissioner Muller stated that she is excited about the games and coffee program and asked how many residents have been attending. Ms. Lawrence replied that about eight residents have been attending each event. She stated that they have been enjoying the event and will continue to offer it during the golf season as well. Commissioner Muller stated that perhaps they could add donuts as well. Commissioner Sherer asked if there is a reason the Wentworth ice performs more poorly than Marie. Ms. Lawrence replied that in previous years the grass base has been a cause for poor ice conditions. She noted that is still the only rink that does not have an asphalt, acrylic base, which could be the reason. She stated that when she visited the rink the previous day there was exposed asphalt in multiple places. She stated that Marie and Friendly Hills are not much better at this point because of the weather. Commissioner Sherer stated that perhaps staff could provide a review of the skating seasons compared to the past to determine the value of the rinks and related financial decisions. City Council | Tuesday, March 21, 2023 | Page 8 of 145 Commissioner Toth asked if there was difficulty staffing the warming houses this year and whether the warming houses were not open because of lack of staff. Ms. Lawrence replied that the maintenance staff was challenging as the part-time staff went back to college and full-time staff had to take over with flooding. 8.c Parks Improvement Update Parks and Recreation Manager Meredith Lawrence reported that the dugout fence work is planned to begin March 27th. She reviewed the projects that were included in the 2023 budget, noting that staff has been working on developing the plans for those projects and provided an overview of the projects and anticipated timelines. Commissioner Meyer asked for clarification on the type of skate park, noting that she believed the subcommittee recommended concrete. Ms. Lawrence stated that input has been received in support of both concrete and modular features. She stated that they reviewed options for both, and the Council had concerns with reducing the footprint of the park, as the cost for concrete features would be higher than the modular features. She noted that there are full concrete skate park s in neighboring communities and therefore the modular park would be unique to this area. She provided more details on the process and how it is different than a playground redesign process. Public Works Director Ryan Ruzek stated that the consultant could generate design documents that could be bid upon, or the contract could be awarded to the consultant they have been working with if they feel that is the best option. He stated that the Council has directed staff to focus on the modular park option and the survey is asking for input on the features that would be desired within the park. Commissioner Muller commented that they would seem to be locked in with American Ramp Company because they are the only company on the list that builds modular. Mr. Ruzek commented that the main consultant is Bolton and Menk and American Ramp Company is more of a sub consultant. Commissioner Sherer stated that he would guess that many other communities choose the concrete option because it is more durable. Mr. Ruzek replied that the concrete does typically have less maintenance. He stated that American Ramp Company has stated that their ramps have a warranty of 20 years and provided more information on the surfacing options. He noted that using concrete would reduce the skate park to one third of the existing size. Commissioner Muller commented that there would be opportunity to partner with other organizations in the community to fundraise. She expressed frustration that this decision to use modular would seem to box the City into using American Ramp Company as the other companies on the list only build concrete. She stated that the survey for the skate park is lengthy and believed that the same information could be gained without requiring input on all the features. City Council | Tuesday, March 21, 2023 | Page 9 of 145 Ms. Lawrence stated that the more input they have on each response, the more information that the designers have to build a park that is desired by Mendota Heights residents. Commissioner Meyer asked if the survey would be continued or revised if the desired level of input is not received. Ms. Lawrence stated that 32 responses have been received thus far. She noted that the company has said that is a high level of responses for this type of survey and feel confident that they have received good feedback. Commissioner Meyer asked if they could put a signs out with a QR code linking to the survey. Ms. Lawrence noted that the Dirty Dota shared the survey link of their social media as the link was also shared on 12 different community group pages. 9. New Business 9.a Approval of Commission Bylaws Parks and Recreation Manager Meredith Lawrence stated that each year in February, the Commission reviews the rules of order. She stated that staff received direction this year to covert the rules of order into bylaws and provided an overview noting the change to attendance language. Commissioner Meyer asked if there would be an allowance for hybrid meetings or virtual attendance. She used the scenario that someone may not be feeling well but feels forced to attend to avoid attendance ramifications. Ms. Lawrence stated that the City currently does not have the technology to properly hold a hybrid meeting. Motion Muller/second Toth to approve the Commission Bylaws. AYES 7: NAYS 0 9.b Assign Commission Parks Parks and Recreation Manager Meredith Lawrence stated that each year the Commission assigns two parks to each Commission member. She reviewed the items that should be reported back to the Commission. Chair Blanks stated that he would like to review the parks held in 2022 and determine if the Commissioners would like to retain those or relinquish those into the pool and the remainder can be assigned. Commissioner Sherer stated that he would like to keep Hagstrom King and would be willing to put Market Square back into the pool. He commented that he would also like to take Civic Center. Commissioner Muller commented that she would like to keep Rogers Lake and Kensington. Commissioner Meyer stated that she would like to keep Marie and would be okay giving up Victoria Highlands if someone else were interested. City Council | Tuesday, March 21, 2023 | Page 10 of 145 Chair Blanks commented that he would like to keep Valley and would be open to giving up Mendakota if someone else were interested. The parks were assigned as follows: • Commissioner Sherer: Hagstrom King and Civic Center • Commissioner Muller: Rogers Lake and Kensington • Commissioner Meyer: Marie and Valley View • Chair Blanks: Valley and Market Square • Commissioner Toth: Friendly Hills and Mendakota • Commissioner Schifsky: Ivy Hills and Wentworth • Commissioner Hanson: Victoria Highlands and Dog Park 9.c 2023 Summer Recreation Catalog Parks and Recreation Manager Meredith Lawrence provided an overview of the recreational catalog for programing, noting that online registration will open on February 28th at 9 a.m. 10. Unfinished Business 10.a Pickleball Light Program Review for 2023 Parks and Recreation Manager Meredith Lawrence stated that the Commission is asked to review the recreational light program at Marie Park and make a recommendation for the upcoming year. She provided background information on the original request received to allow lighting of the pickleball courts to allow evening play, the pilot program that ran in 2021, and the lighting that was allowed for 2022 at Marie Park. She stated that a similar program was considered to bring lighting to Friendly Hills for the same purpose but did not move forward because of concern expressed by nearby residents. She noted that no complaints have been received related to the 2022 season at Marie Park. She stated that the Council requested that this item be reviewed annually. She estimated a cost of $30 per month for the lighting. She noted that staff recommends continuation of the lighting at Marie Park as implemented in 2022. Commissioner Schifsky asked if the lights would be better balanced for multi-use when LED lighting is installed. Ms. Lawrence stated that the lighting has been converted at Friendly Hills and they did install shades to ensure the light does not bleed. She stated that they have had issues with the existing lighting at Marie and are looking forward to the LED conversion. Public Works Director Ryan Ruzek noted that because Friendly Hills already has the LED lighting and Marie does not, it would be a good opportunity to compare the lighting at each park. Commissioner Meyer asked for logistical information on the push button lighting at Marie. Ms. Lawrence explained how the light works. Motion Sherer/second Hanson to recommend continuation of the pickleball lighting program at Marie Park as it was during 2022. Further discussion: Commissioner Toth stated that he would like more information and asked if this needs to be voted on tonight. City Council | Tuesday, March 21, 2023 | Page 11 of 145 Ms. Lawrence replied that it could be delayed one month but staff would want to ensure sufficient time to implement the spring lighting. Mr. Ruzek commented that once the ice is out, pickleball players will be asking for the nets to be installed. Commissioner Toth commented that this issue is new to him, and he would like to fully understand concerns of the neighbors with lighting until 9 p.m. before making a vote. Chair Blanks asked if staff has received complaints related to the lighting. Ms. Lawrence replied that she has not received any complaints since this program began. She stated that if public engagement is desired, she would like input on the type of engagement that is wanted. She confirmed with Mr. Ruzek that once the ice is gone the pickleball players will want to play. Commissioner Toth stated that he would want to reach out to the people he knows in that area to solicit feedback. He asked if the lighting could be reduced to 8 p.m. Ms. Lawrence confirmed that the Commission could make whatever recommendation it sees fit. Chair Blanks stated that the City Administrator had authority in 2022 to cancel the program at anytime if she felt necessary. Commissioner Toth stated that with that understanding he could support moving forward. Commissioner Sherer provided some additional background information on how the 9 p.m. was established and noted that it seemed to be successful as no complaints were received. Commissioner Hanson stated that she lives in that area and is part of the pickleball community. She stated that the neighbors support that the lighting is self -administered and therefore if no one is using the courts, the lights are not on. She commented that many pickleball players live directly adjacent and therefore do not complain. She stated that the neighbors enjoy seeing people using the park and being active. She noted that kids and seniors are playing pickleball together which is rare in a sport. Commissioner Sherer asked if they have looked into having a switch for the basketball court separate from pickleball. Mr. Ruzek commented that would be a substantial cost. He stated that if lighting is not desired for the basketball courts, the easiest solution would be to remove the bulbs. Ms. Lawrence noted that the lighting for the basketball court is used in the winter for the pleasure rink. Commissioner Meyer noted the popularity of pickleball in the community. It was confirmed that the language would be included that would provide the City Administrator the authority to discontinue the program if issues arise. AYES 7: NAYS 0 City Council | Tuesday, March 21, 2023 | Page 12 of 145 10.b Frozen Fun Fest Recap Parks and Recreation Manager Meredith Lawrence stated that the 2nd Annual Frozen Fun Fest was held this past weekend. She provided an overview of the different events that took place. She welcomed any input the Commission may have for 2024 implementation. Commissioner Sherer asked if there is a way to make the medallion hunt easier for staff, perhaps partnering with a creative writing class. Ms. Lawrence stated that she and the Police Chief enjoy writing the clues. She stated that helps to keep the clues confidential. She recognized the snafu that all the clues were released at the same time on day one. Commissioner Hanson suggested a sledding competition at Sibley Hill. Commissioner Muller asked for input on how the setting of Friendly Hills was compared to Mendakota. Ms. Lawrence stated that it was estimated that over 400 people attended at Friendly Hills, much more than Mendakota but acknowledged that the warmer weather probably brought in more people. She stated that kids were sledding, ice skating, playing ball, etc. and therefore Friendly Hills seemed to work well. Chair Blanks commented that it was well attended and agreed with the rotation of parks to feature different parks in the community. He stated that the only feedback he received was that residents would have liked more food trucks. Commissioner Meyer commented that perhaps Wentworth could be considered as a location once the new warming house is constructed. Ms. Lawrence replied that the biggest concern with Marie and Wentworth would be related to parking. She stated that she does like the idea of moving the activity to different parks and noted that they did see people walking to the event from the neighborhood. Commissioner Blanks noted that he spoke with people that had not been to Friendly Hills before the event. Commissioner Meyer commented that the promotion for Cupids Crawl was great and asked if it was successful. Ms. Lawrence commented that it was the first time for Cupids Crawl and six businesses participated and got a fair amount of business from the event. She estimated 100 people participating. She stated that the puzzle competition was very successful with full registration, a wait list, and additional interest. She noted that they are looking for a location that would have more space to increase the size of the event next year. 11. Staff Announcements Parks and Recreation Manager Meredith Lawrence shared the following announcements: • Encouraged people to apply for the seasonal positions. City Council | Tuesday, March 21, 2023 | Page 13 of 145 • The new Recreation Coordinator will begin March 13th. • The new Recycling Coordinator started January 17th. • Warming houses may have to be closed soon during to weather conditions • The Council would like to host a bond payoff celebration event at the Par 3 in April and welcomed input from the Commission via email • Other events can be found on the City’s website 12. Student Representative Update Student Representative Murphy commented that the recent winter events were successful which is great to see. She stated that she is also glad to see the skate park progress forward and hoped more people will engage in the survey to develop the plans. She noted that there is a lot of variety in the summer recreation catalog. 13. Commission Comments and Park Updates Commissioner Meyer • Marie continues to be popular • Thanks to City staff for clear roads and trails • Thanks to Ms. Lawrence for the hard work on Frozen Fun Fest Commissioner Hanson • Thanked City staff for the snow removal Commissioner Schifsky • Asked about the surface of the pickleball court at Marie; staff noted that has not been budgeted for 2023 but could potentially be included for 2024 Chair Blanks • Valley is in great condition for walking • Market Square is great and he recently had pizza there Commissioner Toth • It is great to be back on the Commission and he looks forward to the work ahead • Will be out of town and unable to attend the March meeting Commissioner Muller • Thanked City staff for the parks continuing to be walkable in the winter • Thanked Ms. Lawrence for her work on the Frozen Fun Fest events Commissioner Sherer • Welcomed the new Commission members • Recognized former Commissioner Smith for bringing forward the concept for Frozen Fun Fest which continues to get better each year • MHAA held a Board meeting the previous day and approved a name change to the Two Rivers Athletic Association to better align with the community served 14. Adjourn Motion Meyer/Second Hanson to adjourn the meeting at 8:15 PM AYES 7: NAYS 0 City Council | Tuesday, March 21, 2023 | Page 14 of 145 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. City Council | Tuesday, March 21, 2023 | Page 15 of 145 City Council | Tuesday, March 21, 2023 | Page 16 of 145 CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION January 18, 2023  6:00 p.m. City Hall  1101 Victoria Curve The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, January 18, 2023 at Mendota Heights City Hall, 1101 Victoria Curve. 1.Call to OrderChair Norling called the meeting to order at 6:02pm. The following commissioners were present: Chair Gina Norling, William Dunn, DavidSloan, Jim Neuharth, Kevin Byrnes and Jeff Hamiel. Absent (excused): Arvind Sharma.Staff present: City Administrator Cheryl Jacobson and Parks and Recreation ManagerMeredith Lawrence. 2.Approval of Agenda Motion by Dunn/Second by Neuharth to approve the agenda. Motion passed 6-0. 3.Approval of Minutes a.Approve of Minutes of the November 16, 2022 Regular Meeting Commissioner Sloan asked for clarification on the discussion of the term limits and new attendance policy that the City Council will implement in 2023. City Administrator Jacobson responded that staff will be bringing back amendments to the Airport Relations Commission Rules of Order which will implement the term limits, attendance policy and some other commission housekeeping items at the March meeting. She explained the commissioners will have the ability to have up to three, four-year terms, which results in a maximum of twelve years on the commission. Current commissioners are “grandfathered in” meaning their first four-year term will begin in 2023. She also noted that staff will be looking to stagger the expiration of the terms moving forward. Motion by Dunn/Second by Sloan to approve the minutes. Motion passed 6-0. 4.Public CommentsNone. 5.Unfinished and New Businessa.ARC Work Plan Review City Administrator reviewed the 2021-2022 Airport Relations Commission StrategicPriorities and Work Plan. The Commissioners discussed updating the document andCommissioner Neuharth recommended working on the 2023-2024 work plan at theMarch meeting. Ms. Jacobson added that the Natural Resource Commission andParks and Recreation Commission have been developing their respectivecommission’s plans and she could provide those as a reference. 5cCity Council | Tuesday, March 21, 2023 | Page 17 of 145 City Administrator Jacobson asked if a Commissioner wanted to provide an update to the City Council. Chair Norling volunteered to present to the City Council at an upcoming meeting on the work the ARC has done. City Administrator Jacobson noted that her and Chair Norling attended the Noise Oversight Committee meeting on January 18, 2023. Ms. Jacobson noted that a representative from the FAA discussed that MSP will be working to decommission the VOR program with Area Navigation (RNAV) and Performance Based Navigation (PBN) replacing the legacy ground-based system. Commissioner Hamiel provided his thoughts on the RNAV system and Commissioner Sloan noted he thinks the RNAV system will greatly benefit the residents of Mendota Heights. b. ARC Rules of Order City Administrator Jacobson noted that included in the packet are the Commission’s Rules of Order that were last approved in 2010. She noted she will be changing the Rules of Order to Bylaws at the March meeting and there will be updated information regarding terms, term limits, absenteeism, and dates/times of meetings. Chair Norling voiced her concerns regarding the public comment and public hearing language in the current Rules of Order. She asked staff to clarify this in the new Bylaws. City Administrator Jacobson announced that the City Council approved the appointment of Bruce Bobbitt to the Commission. His first meeting will be in March. c. Resident Question Regarding Airplane Fuel Dumping Chair Norling presented a resident inquiry she received from Councilor Lorberbaum regarding the dumping of airplane fuel. She noted Michelle Ross’ response was well written and helpful. Her only concern was that the response cites a MPCA ambient air quality monitoring report from 2002, which is not recent. Commissioner Hamiel discussed his experience flying and the rare practice of dumping airplane fuel. He noted that airlines know if they had to dump fuel and that data could be requested. Chair Norling asked how the commissioners would like to move forward with this resident inquiry. Commissioner Neuharth recommended reaching out to the resident with the information provided in the packet. City Administrator Jacobson noted that Councilor Lorberbaum did not have a name or contact information of the resident with concerns. Commissioner Dunn recommended forwarding the information in the packet to Councilor Lorberbaum in case she runs into the resident in her neighborhood again. The commissioners in attendance agreed with this idea. City Administrator Jacobson stated that Councilor Lorberbaum had already received the response information. City Council | Tuesday, March 21, 2023 | Page 18 of 145 6. Acknowledge Receipt of Reports and Correspondence a. Review of Airport Operational Statistics (link: https://www.macenvironment.org/reports/) i. Complaint Information Commissioners present reviewed the compliant information. ii. Runway Use Information Commissioner Neuharth noted some concerns on the 12L and 12 R total operations charts. He recommended pulling out some segments of the data that are poisoned due to COVID-19 impacts on the airline’s runway use. He noted once he pulls out this data from the population the data will be more normal. iii. Turboprop Information Commissioner Neuharth shared that there was no turboprop report to share. iv. Noise Monitor Information Commissioner Dunn noted that flights and noise are down. b. News Articles Chair Norling volunteered to take over the commission duties related to News Articles moving forward. 7. Commissioner Comments Chair Norling thanked Commissioner Byrnes for his years of service to the Airport Relations Commission. 8. Adjourn Meeting Motion by Neuharth/Second by Sloan to adjourn the meeting. Motion passed 6-0. Chair Norling adjourned the meeting at 6:57pm. Minutes taken by Meredith Lawrence Parks and Recreation Manager City Council | Tuesday, March 21, 2023 | Page 19 of 145 City Council | Tuesday, March 21, 2023 | Page 20 of 145 CITY OF MENDOTA HEIGHTS NATURAL RESOURCES COMMISSION Wednesday, February 8, 2023- 6:00 P.M. Mendota Heights City Hall-Council Chambers Minutes The regular meeting of the Mendota Heights Natural Resources Commission was held on Wednesday, February 8, 2023, at Mendota Heights City Hall; 1101 Victoria Curve. 1.Call to Order Chair Swank called the meeting to order at 6:00pm. 2.Roll Call Coordinator Spreiter called the roll. Commissioners present: Fahnhorst, McCaslin, Husbands, Swank, Tupper, Stein and Student Commissioner Byrnes. Commissioners Absent: Commissioner Quick. Staff present: Natural Resources Coordinator Krista Spreiter, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, Recycling Coordinator Courtney Selstad. 3.Approval of the Agenda Motion to approve the agenda by Stein, second by Fahnhorst. Commissioner Husbands shared that she had a comment from a resident about the downside of No Mow May and wondered if the item could be added to the agenda. Assistant City Administrator shared that the commission is able to add items to the agenda, however staff do not have materials prepared for a conversation about Now Mow May at this meeting. Staff are planning to bring the item to a future meeting before the May meeting. Commissioner Husbands requested to bring the item to the March meeting. Commissioner husbands sought clarification about the role of the commission in advising the city council. Assistant City Administrator confirmed that the Natural Resources Commission is an advisory commission, but the city council gives direction about what they would like to commission to advise on. Motion passed 6-0. 4.Approval of the Minutes a.Approve meeting minutes from the February 8, 2023 Natural Resources Commission Meeting. Motion to approved the minutes by Fahnhorst, seconded by McCaslin Motion passed 6-0 5.Citizen Comment Period Chair Swank invited residents to come to attend the Natural Resources Commission meeting and to share thoughts with the commission. No one came forward for comment. 5dCity Council | Tuesday, March 21, 2023 | Page 21 of 145 6. New Business a. 2023 Commission Position Appointments Assistant City Administrator shared that this is an annual action that is required within the Natural Resources Commission Bylaws. Chair Swank said that she was open to serving as chair for another year, but thought that other should share in future years. Motion by Fahnhorst for Commissioner Swank to continue as chair, second by Commissioner Stein. Motion passes 6-0 Motion by Commissioner Stein for Commissioner Tupper to serve as vice chair, second by Commissioner Swank Motion passes 6-0 b. Tree Sale Update Coordinator Spreiter shared an update on the upcoming Spring Tree Sale. The city is partnering with Tree Trust for the sale. The city was able to provide twice as many trees this year that will be available for purchase. Tree Trust will be there to help load and the trees are able to be loaded into regular vehicles. Coordinator Spreiter reviewed the varieties of trees that will be available. Commissioner Husbands asked about systemic pesticides in the trees that are being provided. Coordinator Spreiter has confirmed with Tree Trust that all of the trees are neonicotinoids free. Commissioner Fahnhorst shared that he was excited about both the variety of trees and the number of trees that are available through the program. Commissioner Stein asked how many of the species that are being included are native species. Coordinator Spreiter shared that all of the species are native, but some are hybrid native- technically making them not native. But some of them are pure native varieties. c. Earth Day and Arbor Day Planning Coordinator Spreiter shared an update that the city is hosting an annual Earth and Arbor Day Event. The event will take place on Friday April 28 and 29 and offering a citywide clean up event, educational opportunities and giveaways. Staff is looking for additional ideas or offerings that could be included in the event. Vice Chair Tupper asked about the timeline for promotion and advertising. Coordinator Spreiter shared that we try to start promotion as soon as we have final details. Commissioner Husbands asked about if there were vendors that we were working with and asked about what details still needed to be finalized. Coordinator Spreiter talked about how staff have looked at partnering with the raptor center, ordering tree seedlings for a giveaway, or having a speaker come in for the event. Staff would have to look into and confirm if these partners would be available. Commissioner Husbands City Council | Tuesday, March 21, 2023 | Page 22 of 145 thought that the seedling giveaway initiative would be a great feature as a part of the Tree City initiative. Commissioner Husbands asked for clarification if the city is now technically a tree city. Coordinator Spreiter confirmed that the city has completed all the steps for recognition, but it has not been formally approved by the program yet. Commissioner Husbands asked if we could have this be an announcement of the city’s status as tree city. Coordinator Spreiter clarified that it would depend how long the review of the city’s profile takes to determine if we would officially be recognized in time for this event. Chair Swank shared that it could be a good way to share that we have completed all the steps even if we are not officially recognized yet. She also shared that she though the raptor center would be a great partner as well. Commissioner Stein asked about the planting by the Mendota Heights sign, some kind of project around that would be a good thing to incorporate. It is nearby Commissioner Byrnes school which is a good connection with the commission. Commissioner Tupper asked if the parks commission would be looking at this as well or if it was jus the Natural Resource Commission that was being reached out. She wondered if the education subcommittee would be able to review and bring some ideas to discuss at the March meeting. Staff will bring an update to a future meeting. d. Staff update: Recycling Coordinator Assistant City Administrator introduced Courtney Selstad to the Commission. Recycling Coordinator Selstad reviewed her background and what she is working on in the city. Commissioners welcomed Courtney to the city. 7. Old Business a. Committee Appointments Coordinator Spreiter reviewed the proposed committee appointments for the commissioners. Assistant City Administrator added clarification that Student Commissioner Byrnes is not a voting member of the commission so her committee having four commissioners serving does not create a quorum at the committee. Commissioner Husbands requested that staff refer to the goals with the content for clarification on what is being reviewed. Regarding the forestry committee could be helpful in the planning for Arbor Day and Earth Day as well. Commissioner Tupper thanked staff for the time they are putting into, attending and organizing the committee meetings. b. Committee Reports Assistant City Administrator shared that this item is going to be a standing item on commission agendas. This is going to be an opportunity for the commissioners to share if there was anything that the whole commission wanted the committees to engage on that this was the time for that to be shared. Commissioner Husbands asked for some feedback on how the green steps committee update went. City Council | Tuesday, March 21, 2023 | Page 23 of 145 Commissioner Tupper shared that the green steps committee reviewed the spreadsheet of where the status of the reporting was at this time and what the city needed to do to get to future steps. The spreadsheet will continue to be updated and working to understand what needs to be done in order to get to step three. Commissioner Husbands asked for clarification about the frequency of the committee meetings. Coordinator Spreiter shared that it depends on what is slated for the work plan at this time. 8. Staff Announcements Coordinator Spreiter shared upcoming events for Frozen Fun Fest and encouraged commissioners to review the city website for events. She reminded people about the rules of the Medallion Hunt, the medallion is not hidden in any native plantings, it is not at Oheyawahe, and it is not more than 5 ft off the trail. The online tree sale will begin before the next meeting. There are also some educational opportunities coming up. Assistant City Administrator shared that the city is going to be hiring a parks and recreation intern. Coffee with the Council is also this upcoming weekend for people to come and share with the city council. In addition, the city has summer seasonal positions open. Commissioner Husbands asked what the parks and recreation intern is going to be working on. Assistant City Administrator shared that the intern will be on a variety of initiatives. Parks and Recreation Manager shared that the new intern is going to be working on projects, sharing with the commission, and working with staff on projects to learn about the parks and recreation profession. 9. Commission Comments Commissioner McCaslin updated that he was not able to attend the ice fishing event. Commissioner Tupper offered to fill in if the commission was wanting to do something specific. 10. Adjourn Motion to adjourn the meeting by Husbands, second by Stein. Motion passes 6-0. Chair Swank adjourned the meeting at 6:43pm. Auxiliary aids for persons with disabilities are available at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids. This may not, however, be possible on short notice. Please contact City Administration at 651-452-1850. City Council | Tuesday, March 21, 2023 | Page 24 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor and City Council FROM: Kelly Torkelson, Assistant City Administrator Cheryl Jacobson, City Administrator SUBJECT: Out of Metro Travel Request INTRODUCTION: The City Council is asked to approve attendance at the Minnesota City Management Association State conference for the City Administrator and Assistant City Administrator, to be held April 26-28, 2023. BACKGROUND: City policy requires that the City Council approve any travel to a location out of the metropolitan area for city employees. Staff requests approval for City Administrator Cheryl Jacobson and Assistant City Administrator Kelly Torkelson to attend the Minnesota City/County Management Association (MCMA) annual conference in Brainerd, Minnesota, April 26-28. The program is designed for City and County managers, and management assistants. BUDGET IMPACT Estimated lodging and registration expenses will be $881.54 each for the City Administrator and the Assistant City Administrator. Funding is available in the 2023 Administration budget to cover the costs. RECOMMENDATION: Staff asks that Council approve the attendance of the City Administrator and Assistant City Administrator at the MCMA Annual Conference. ACTION REQUIRED If the Council concurs, it should, by motion approve attendance for the City Administrator and Assistant City Administrator at the MN City/County Management Association annual conference. 5eCity Council | Tuesday, March 21, 2023 | Page 25 of 145 City Council | Tuesday, March 21, 2023 | Page 26 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Amendments to Lexington Heights Apartments Conduit Debt INTRODUCTION The City Council is asked to pass the attached resolution approving consenting to amendments to the Lexington Heights Apartments conduit bonds and execute the Third Supplemental Indenture. BACKGROUND The City has received a request from the owners of Lexington Heights Apartments to approve modifications to be made to their conduit bonds. Attached is a memorandum from the Taft legal team outlining the request. This action does not result in any costs/liabilities to the City. BUDGET IMPACT N/A RECOMMENDATION City staff recommends that the Mendota Heights City Council approve the attached resolution and approve the execution of the Third Supplemental Identure for Lexington Heights Apartments. This action requires a simple majority vote of the city council. 5fCity Council | Tuesday, March 21, 2023 | Page 27 of 145 MEMORANDUM TO: City of Mendota Heights, Minnesota FROM: Catherine Courtney; Dan Andersen DATE: March 21, 2023 RE: Resolution Approving Modification of Conduit Bonds Enclosed is a resolution for consideration by the City Council at its upcoming meeting on March 21, 2023. As more fully set forth below, the resolution approves the amendment of certain interest rate mechanisms set forth in conduit bonds issued by the City of Mendota Heights (the “City”) for the benefit of Riley Family Lexington Heights, LLLP, f/k/a Lexington Heights Associates Limited Partnership, a Minnesota limited liability limited partnership (the “Borrower”). The proposed amendments do not affect the City’s obligations under the bonds—the City will continue to have no duty to make any payments or pledge any security to the repayment of the bonds, which each remains the responsibility of the Borrower. Background Acting as an issuer of conduit bonds, the City issued its Multifamily Housing Revenue Refunding Bonds, Series 2013 (Lexington Heights Apartments Project) (the “Bonds”) to Wells Fargo Bank, National Association (the “Bank”), on August 1, 2013. The Bonds were issued in accordance with an Indenture of Trust dated as of August 1, 2013 (the “Original Indenture”), between the City and Wells Fargo Bank, National Association, as trustee (the “Trustee”). The proceeds of the Bonds were loaned by the City to the Borrower for the purpose of refinancing the acquisition, construction, and equipping of a 225-unit multifamily housing development located at 2300 South Lexington in the City of Mendota Heights, Minnesota. The Borrower agreed to repay and secure the Bonds to the Bank. The City did not pledge any payment or security in connection with the Bonds. With the consent of the Borrower and the Bank, the City and the Trustee subsequently entered into a First Supplemental Indenture of Trust, dated as of September 1, 2018 (the “First Supplemental Indenture”) and a Second Supplemental Indenture of Trust, dated as of December 20, 2019 (the “Second Supplemental Indenture,” with the Original Indenture and the First Supplemental Indenture, the “Current Indenture”). The First Supplemental Indenture and the Second Supplemental Indenture each modified how the interest rate on the Bonds is calculated. City Council | Tuesday, March 21, 2023 | Page 28 of 145 At present, the interest rate on the Bonds is a variable rate based on the London Interbank Offered Rate (“LIBOR”)—a key benchmark rate for setting the interest rates on adjustable rate loans around the world. On June 30, 2023, LIBOR is being phased out and will no longer be available. This necessitates a change to the benchmark rate used to set interest rates on the Bonds. Proposed Council Action The Bank and the Borrower have selected a benchmark rate to replace LIBOR upon its unavailability. In order to document this change, they have asked the City and the Trustee to enter into a Third Supplement Indenture of Trust (the “Third Supplemental Indenture”) to amend how the interest rate is calculated for the Bonds. A substantially final version of the Third Supplemental Indenture is enclosed with this memorandum. The City is being asked to approve the execution of the Third Supplemental Indenture evidencing the new rates for the Bonds. Enclosed with this memorandum is a draft resolution for your consideration that approves the form of the Third Supplemental Indenture and authorizes its execution. Effect The Third Supplemental Indenture does not affect the City’s obligations under the Bonds or create any new liabilities for the City. The City will not be responsible for paying any bank or legal fees in connection with the execution of the Third Supplemental Indenture or for making any payments or pledging any security to the repayment of the Bonds. The Bank is coordinating the drafting and execution of the documents, and Bond Counsel will be issuing an opinion that the revisions do not adversely affect the tax- exempt status of the Bonds. If you have any questions, please call Dan Andersen at 612.977.8290. City Council | Tuesday, March 21, 2023 | Page 29 of 145 Extract of Minutes of Meeting of the City Council of the City of Mendota Heights, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mendota Heights, Minnesota was duly held at the City Hall in said City on Tuesday, the 21st day of March, 2023 at 7:00 P.M. The following Council members were present: and the following were absent: Council member ___________________ then introduced and read the following written resolution and moved its adoption: A RESOLUTION CONSENTING TO AMENDMENTS TO THE CITY'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 2013 (LEXINGTON HEIGHTS APARTMENTS PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO The motion for the adoption of the foregoing resolution was duly seconded by Council member __________________, and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council | Tuesday, March 21, 2023 | Page 30 of 145 CITY OF MENDOTA HEIGHTS, MINNESOTA RESOLUTION NO. 2023-17 A RESOLUTION CONSENTING TO AMENDMENTS TO THE CITY'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 2013 (LEXINGTON HEIGHTS APARTMENTS PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO WHEREAS, pursuant to Resolution 2013-38 adopted on June 4, 2013 (the “Original Resolution”), the City of Mendota Heights, Minnesota (the "City"), previously authorized the issuance of its revenue bonds in an original aggregate principal amount of $10,570,000 to provide funds that were loaned to Riley Family Lexington Heights, LLLP, f/k/a Lexington Heights Associates Limited Partnership, a Minnesota limited liability limited partnership (the "Borrower"), in order to refinance the acquisition, construction, and equipping of a 225-unit multifamily housing development located at 2300 South Lexington in the City, which facilities are owned and operated by the Borrower (the "Project"); and WHEREAS, the City issued its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013, dated August 1, 2013 (the "Bonds"), pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), and sold the Bonds to Wells Fargo Bank, National Association, a national banking association (the "Sole Bondholder"), in accordance with an Indenture of Trust dated as of August 1, 2013 (the "Original Indenture"), between the City and Wells Fargo Bank, National Association, as trustee (the "Trustee"); and WHEREAS, pursuant to a Loan Agreement (the "Loan Agreement") dated as of the date of the Original Indenture, between the City and the Borrower, the Borrower agreed to repay the Bonds in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Bonds; and WHEREAS, by Resolution 2018-69 adopted on September 4, 2018 (the "First Supplemental Resolution”), the City approved, executed, and delivered a First Supplemental Indenture of Trust dated as of September 1, 2018 (the "First Supplemental Indenture"), in order to document certain changes to the methods for calculating interest on the Bonds; and WHEREAS, by Resolution 2019-88 adopted on November 19, 2019 (the "Second Supplemental Resolution and, with the Original Resolution and the First Supplemental Resolution, the "Bond Resolution"), the City approved, executed, and delivered a Second Supplemental Indenture of Trust dated as of December 20, 2019 (the "Second Supplemental Indenture" and, with the Original Indenture and the First Supplement Indenture, the "Current Indenture"), in order to document certain changes to the methods for calculating interest on the Bonds; and WHEREAS, the Sole Bondholder, the Borrower, and the Trustee have informed the City that they have agreed to certain changes in the terms of the Current Indenture; and WHEREAS, a substantially final form of a Third Supplemental Indenture of Trust between the City and the Trustee, and consented to by the Borrower and the Sole Bondholder, proposed to be entered into in order to document changes in the terms of the Current Indenture has been City Council | Tuesday, March 21, 2023 | Page 31 of 145 submitted to the City Council and is on file in the office of the City Clerk (the "Third Supplemental Indenture"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, as follows: 1. The Third Supplemental Indenture is made a part of this Resolution as though fully set forth herein and is hereby approved in substantially the form presented to the City Council. The Mayor and the Administrator are authorized and directed to execute, acknowledge, and deliver the Third Supplemental Indenture on behalf of the City with such changes, insertions, and omissions therein as bond counsel to the City may hereafter deem appropriate, such execution to be conclusive evidence of approval of such documents in accordance with the terms hereof. 2. The Mayo r and the Administrator are authorized and directed to execute and deliver all other documents which may be required under the terms of the Third Supplemental Indenture or by bond counsel, and to take such other action as may be required or deemed appropriate for the performance of the duties imposed thereby to carry out the purposes thereof. 3. The Mayor and Administrator and other officers of the City are authorized to furnish to the Sole Bondholder, the Trustee, the Borrower, and bond counsel certified copies of all proceedings and records of the City relating to the Third Supplemental Indenture, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 4. In the event that for any reason the Mayor or the Administrator is unable to carry out the execution of any of the documents or other acts provided herein, any other officer of the City or member of its City Council as, in the opinion of the City's attorney, is authorized to act in that capacity and undertake such execution or acts on behalf of the City, shall without further act or authorization execute and deliver the Third Supplemental Indenture and do all things and execute all instruments and documents required to be done or executed by such officers, with full force and effect, which executions or acts shall be valid and binding on the City. 5. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property or funds of the City except the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holders of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Bonds recite in substance that the Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. City Council | Tuesday, March 21, 2023 | Page 32 of 145 6. This resolution constitutes a supplement to the Bond Resolution and shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Mendota Heights, Minnesota, this 21st day of March, 2023. By: ___________________________________ Its: Mayor ATTEST: By: Its: City Clerk City Council | Tuesday, March 21, 2023 | Page 33 of 145 CERTIFICATE STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS I, the undersigned, being the duly acting and qualified City Clerk of the City of Mendota Heights, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council City held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to A RESOLUTION CONSENTING TO AMENDMENTS TO THE CITY'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 2013 (LEXINGTON HEIGHTS APARTMENTS PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of March, 2023. City Clerk City of Mendota Heights City Council | Tuesday, March 21, 2023 | Page 34 of 145 THIRD SUPPLEMENTAL INDENTURE OF TRUST THIS THIRD SUPPLEMENTAL INDENTURE OF TRUST (the “Third Supplement”) dated as of [March __, 2023] (the “Supplement Date”) is entered into by and between the CITY OF MENDOTA HEIGHTS, MINNESOTA (the “Issuer”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Trustee (the “Trustee”). W I T N E S S E T H : WHEREAS, the Issuer and the Trustee have previously entered into an Indenture of Trust, dated as of August 1, 2013 (the “Original Indenture”) relating to $10,570,000 City of Mendota Heights, Minnesota Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013 (the “Bonds”), dated August 1, 2013; and WHEREAS, the Issuer and the Trustee have previously entered into a First Supplemental Indenture of Trust, dated as of September 1, 2018 (the “First Supplemental Indenture”) and a Second Supplemental Indenture of Trust, dated as of December 20, 2019 (the “Second Supplemental Indenture,” with the Original Indenture and the First Supplemental Indenture, the “Current Indenture,” and as hereby amended, the “Indenture”), each consented to by Wells Fargo Bank, National Association, as the sole holder of the Bonds (the “Bondholder”), and Riley Family Lexington Heights, LLLP, as the borrower of the proceeds of the Bonds (the “Borrower”); and WHEREAS, due to the impending phase out of the London interbank offered rate (“LIBOR”) at the end of June 2023, the Bondholder and the Borrower have agreed to modify the interest rate on the Bonds from an interest rate based on LIBOR to an interest rate based on the secured overnight financing rate (SOFR) and to amend certain other provisions of the Current Indenture; and WHEREAS, pursuant to Section 8.02 of the Current Indenture, the Issuer and the Trustee wish to amend the Current Indenture as provided herein; and WHEREAS, Section 8.02 of the Current Indenture requires that the Trustee obtain the consent of the Bondholder and of the Borrower to this Third Supplement; and WHEREAS, the Bondholder and the Borrower have consented to this Third Supplement as evidenced by their signature hereto; NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I AMENDMENTS Section 1.01. Amendments to Section 1.01. Section 1.01 of the Current Indenture is hereby amended by replacing the following existing definitions of “Applicable Factor,” City Council | Tuesday, March 21, 2023 | Page 35 of 145 “Applicable Spread,” “Computation Date,” “Continuing Covenant Agreement,” “Index Interest Rate,” “Rate” and “Rate Period” in their entirety with the following: “Applicable Factor” means (a) during the initial Direct Purchase Period, 79% and (b) during any other Direct Purchase Period, a percentage between 65% and 135% as may be designated in writing by the Borrower as the Applicable Factor for such SOFR Index Rate Period pursuant to Section 2.04(a) or 2.04(b), as applicable. For purposes of this definition, the initial Direct Purchase Period is the Direct Purchase Period ending on the Direct Purchase Period Purchase Date. “Applicable Spread” means, with respect to each Index Interest Rate Period, the following: (a) During the initial Direct Purchase Period, until September 13, 2018, 175 basis points (1.75%), from September 14, 2018 until December 19, 2019, 201 basis points (2.01%), from December 20, 2019 until the Third Amendment Effective Date, 155 basis points (1.55%), and from the Third Amendment Effective Date and after, 155 basis points (1.55%). (b) During any Index Interest Rate Period other than the initial Rate Period, the number of basis points determined by the Market Agent on or before the first day of such Index Interest Rate Period and designated by the Borrower in accordance with Section 2.04(a) or 2.04(b), as applicable (which may include a schedule for changes to the Applicable Spread based upon changes to the Obligor Rating) that, when added to the SIFMA Index or the product of the SOFR Index multiplied by the Applicable Factor , as applicable, would equal the minimum interest rate per annum that would enable the Bonds to be sold on such date at a price equal to the principal amount thereof (without regard to accrued interest, if any, thereon). “Computation Date” means (a) during each Weekly Interest Period, the Business Day immediately preceding the first day of such period, (b) during each Flexible Term Rate Period, the first Business Day of such period, (c) during each SIFMA Index Rate Period, the first day of such period and thereafter Wednesday of each week (or if Wednesday is not a Business Day, the immediately succeeding Business Day), (d) during each SOFR Index Rate Period, the first day of such period and thereafter the second U.S. Government Securities Business Days preceding each SOFR Index Reset Date and (e) with respect to a conversion to a Fixed Rate or a Medium-Term Rate, a Business Day determined by the Remarketing Agent that is not more than twenty (20) nor less than two (2) days prior to the Conversion Date relating to such conversion. “Continuing Covenant Agreement” means, during the initial Direct Purchase Period, the Continuing Covenant Agreement dated as of June 28, 2013, between the Borrower and the Purchaser, as the same may be amended, modified or supplemented from time to time in accordance with the terms thereof, and during any subsequent Direct Purchase Period, means any agreement between the Borrower and the Purchaser which may be designated as the Continuing Covenant Agreement. City Council | Tuesday, March 21, 2023 | Page 36 of 145 “Index Interest Rate” means each of the SOFR Index Rate and the SIFMA Index Rate. “Rate” means any SIFMA Index Rate, SOFR Index Rate, Weekly Rate, Flexible Term Rate, Fixed Rate or Medium-Term Rate. “Rate Period” means any SIFMA Index Rate Period, SOFR Index Rate Period, Weekly Rate Period, Flexible Term Rate Period, Medium-Term Rate Period or Fixed Rate Period. Section 1.02. Deletion from Section 1.01. Section 1.01 of the Current Indenture is hereby amended by deleting the following existing definitions of “LIBOR Index,” “LIBOR Index Rate,” “LIBOR Index Rate Conversion Date,” “LIBOR Index Rate Period,” “LIBOR Index Reset Date” and “London Business Day” in their entirety. Section 1.03. Addition to Section 1.01. Section 1.01 of the Current Indenture is hereby amended by the addition of the following new definitions, to be inserted in their appropriate place in the alphabetical sequence: “SOFR” means a rate equal to the secured overnight financing rate as administered by the SOFR Administrator. “SOFR Adjustment” means a percentage equal to 0.0709% per annum. “SOFR Administrator” means the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate). “SOFR Administrator’s Website” means the website of the Federal Reserve Bank of New York, currently at http://www.newyorkfed.org, or any successor source for the secured overnight financing rate identified as such by the SOFR Administrator from time to time. “SOFR Average” means, for any Computation Date, the rate per annum determined by the Calculation Agent as the compounded average of SOFR over a rolling calendar day period of thirty (30) days (“30-Day SOFR Average”) for such Computation Date as such rate is published by the SOFR Administrator on the SOFR Administrator’s Website; provided, however, that (x) if as of 5:00 p.m. (New York City time) on any Computation Date, such 30-Day SOFR Average has not been published on the SOFR Administrator’s Website, then SOFR Average will be the 30-Day SOFR Average as published on the SOFR Administrator’s Website for the first preceding U.S. Government Securities Business Day for which such 30-Day SOFR Average was published on the SOFR Administrator’s Website so long as such first preceding U.S. Government Securities Business Day is not more than three (3) U.S. Government Securities Business Days prior to such Computation Date and (y) if the SOFR Average determined as provided above (including pursuant to clause (x) of this proviso) would be less than zero percent (0.0%), then SOFR Average shall be deemed to be zero percent (0.0%). City Council | Tuesday, March 21, 2023 | Page 37 of 145 “SOFR Index” means the per annum rate of interest calculated on each Computation Date by the Calculation Agent as provided herein equal to the sum of (a) SOFR Average plus (b) the SOFR Adjustment. “SOFR Index Rate” means a per annum rate of interest established on each Computation Date equal to the product of (a) the sum of (i) the Applicable Spread plus (ii) the product of (1) the SOFR Index multiplied by (2) the Applicable Factor multiplied by (b) the Margin Rate Factor. The SOFR Index Rate shall be rounded to the fifth decimal place. “SOFR Index Rate Conversion Date” means (a) the date on which the Bonds begin to bear interest at the SOFR Index Rate or (b) if the Bonds currently bear interest at a SOFR Index Rate, the Mandatory Purchase Date occurring at the end of such SOFR Index Rate Period. “SOFR Index Rate Period” means (a) the initial Direct Purchase Period and (b) each period thereafter from and including a SOFR Index Rate Conversion Date to but excluding the earliest of (i) the immediately succeeding Mandatory Purchase Date, (ii) the immediately succeeding Conversion Date and (iii) the Maturity Date. “SOFR Index Reset Date” means the first Business Day of each month. “Third Amendment Effective Date” means [March __, 2023]. “U.S. Government Securities Business Day” means any day except for (i) a Saturday, (ii) a Sunday or (iii) a day on which the Securities Industry and Financial Markets Association recommends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities. Section 1.04. Amendment to Section 2.02. The first paragraph appearing in Section 2.02 of the Current Indenture is hereby amended by deleting such paragraph and in place thereof inserting the following: The Bonds shall bear interest from the Issue Date, until paid, at the rates set forth in Section 2.03 (computed on the basis of (a) a 365-day year (366 days in a leap year) for the actual days elapsed during any Weekly Rate Period or SIFMA Index Rate Period, (b) a 360-day year of twelve 30-day months during any Medium-Term Rate Period or Fixed Rate Period and (c) a 360-day year for the actual days elapsed during any Flexible Term Rate Period or SOFR Index Rate Period), and shall mature, unless sooner paid, on the Maturity Date on which date all unpaid principal, redemption premium, if any, and interest on the Bonds shall be due and payable. Section 1.05. Amendment to Subsection 2.03(a). Subsection 2.03(a) of the Current Indenture is hereby amended by deleting such subsection and in place thereof inserting the following: (a) Initial Rate - General. The Bonds shall bear interest as provided herein from the Issue Date to the date of payment in full of the Bonds. Interest accrued on the City Council | Tuesday, March 21, 2023 | Page 38 of 145 Bonds (or the applicable portion of the Bonds if the Bonds then bear interest at a Flexible Term Rate) shall be paid on each Interest Payment Date (or, if such day is not a Business Day, the immediately succeeding Business Day) commencing on the earlier of the first Monthly Interest Payment Date following the Issue Date or the first Conversion Date. The interest rate on the Bonds will be determined as provided in this Section except that no rate shall exceed the Ceiling Rate. The Bonds bore interest at a rate based on the London interbank offered rate from the Issue Date to but not including the Third Amendment Effective Date. From and after the Third Amendment Effective Date, the Bonds shall bear interest at the SOFR Index Rate until the date on which the Interest Rate Determination Method is changed as described in Section 2.04 and interest on the Bonds shall be calculated on the Principal Amount. Notwithstanding anything herein to the contrary, each Interest Rate Determination Method in effect from time to time shall continue in effect until the date on which such Interest Rate Determination Method is changed as described in Sections 2.03(c) or (d) or Section 2.04. The same Interest Rate Determination Method shall apply to all Bonds. Section 1.06. Amendment to Subsection 2.03(f)(ii). Subsection 2.03(f)(ii) of the Current Indenture is hereby amended by deleting such subsection and in place thereof inserting the following: (ii) During each SOFR Index Rate Period, the Bonds shall, subject to Section 2.03(l), bear interest at the SOFR Index Rate. The Calculation Agent shall determine the SOFR Index Rate on each Computation Date during the SOFR Index Rate Period, and such rate shall become effective on the SOFR Index Reset Date immediately succeeding such Computation Date and interest at such rate shall accrue each day during such SOFR Index Rate Period, commencing on and including the first day of such period to but excluding the last day of such period. If the SOFR Index Rate is not determined by the Calculation Agent on the Computation Date, the Bonds shall continue to bear interest at the SOFR Index Rate in effect on the immediately preceding SOFR Index Reset Date until the Calculation Agent next determines the SOFR Index Rate as required hereunder. The SOFR Index Rate for the period commencing on and including the Third Amendment Effective Date until but excluding [April 3, 2023], shall be equal to [_._____%]. Section 1.07. Amendment to Subsection 2.04(a). The second paragraph of Subsection 2.04(a) of the Current Indenture is hereby amended by deleting such paragraph in its entirety and in place thereof inserting the following: Except as otherwise provided in Section 2.04(b), each Conversion Notice shall state (i) that the Borrower elects to change the Interest Rate Determination Method to a new Interest Rate Determination Method, or from the interest rate applicable during a Medium- Term Rate Period to a new interest rate during a new Medium-Term Rate Period, or from an Index Interest Rate Period to a new Index Interest Rate Period, (ii) the proposed Conversion Date, (iii) the Interest Rate Determination Method to be in effect from and after such Conversion Date, (iv) whether a Credit Facility is to be in effect from and after such Conversion Date, and, if so, the terms of such Credit Facility, and (v) if a Medium-Term Rate or Fixed Rate is to be in effect from and after such Conversion Date, and if redemption premiums different from those set forth in Section 2.18 are to be applicable as described in City Council | Tuesday, March 21, 2023 | Page 39 of 145 Section 2.03(d) and Section 2.03(e), the redemption premiums to be applicable during such Medium-Term Rate Period or Fixed Rate Period. In addition, if an Index Interest Rate is to be in effect immediately following such Conversion Date, such Conversion Notice shall state (1) whether such Index Interest Rate shall be a SIFMA Index Rate or a SOFR Index Rate, (2) the new Direct Purchase Period Purchase Date, (3) the new Applicable Spread and (4) if such Index Interest Rate shall be a SOFR Index Rate, the new Applicable Factor. If the Bonds are converted to an Index Interest Rate Period, the new Applicable Spread shall be the number of basis points determined by the Market Agent, having due regard for prevailing market conditions for bonds or other securities comparable as to tax treatment, credit and maturity to the Bonds, which when added to the SIFMA Index or the product of the SOFR Index multiplied by the Applicable Factor, as applicable, would equal the minimum interest rate per annum that would enable the Bonds to be sold on the Conversion Date at a price of par (without regard to accrued interest, if any, thereon). In the event that the Bonds are converted to any other Direct Purchase Period, the new interest rate shall be, in the judgment of the Market Agent, having due regard for prevailing market conditions for bonds or other securities similar to the Bonds, the interest rate necessary, but not to exceed the interest rate necessary to enable the Bonds to be placed at a price of par on the Conversion Date. In the case of a conversion to a Weekly Rate Period, each Conversion Notice shall be accompanied by evidence that a Remarketing Agent shall have been appointed and accepted such appointment. Section 1.08. Amendment to Exhibit B. Exhibit B (Bond Form – Direct Purchase Period) of the Current Indenture is hereby amended and restated in its entirety and replaced with the form attached hereto as Exhibit A. Section 1.09. Amendment to Exhibit H. Exhibit H (Form of Direct Purchase Period Conversion Notice) of the Current Indenture is hereby amended and restated in its entirety and replaced with the form attached hereto as Exhibit B. ARTICLE II FULL FORCE AND EFFECT The Current Indenture is hereby amended to the extent provided in this Third Supplement and, except as specifically provided herein, the Current Indenture shall remain in full force and effect in accordance with its terms. ARTICLE III GOVERNING LAW THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS THIRD SUPPLEMENT SHALL BE GOVERNED AS PROVIDED IN SECTION 9.08 OF THE CURRENT INDENTURE. City Council | Tuesday, March 21, 2023 | Page 40 of 145 ARTICLE IV HEADINGS Section headings in this Third Supplement are included herein for convenience of reference only and shall not have any effect for purposes of interpretation or construction of the terms of this Third Supplement. ARTICLE V COUNTERPARTS This Third Supplement may be signed in any number of counterpart copies, but all such copies shall constitute one and the same instrument. ARTICLE VI REPRESENTATIONS AND WARRANTIES Each party hereto represents and warrants to the other that this Third Supplement has been duly authorized and validly executed by it and that the Current Indenture as hereby amended constitutes its valid obligation, enforceable in accordance with its terms, except to the extent that the enforceability thereof may be limited by bankruptcy, insolvency or other laws affecting creditors’ rights generally and subject to the application of general principles of equity including but not limited to the right of specific performance. ARTICLE VII SEVERABILITY In case any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired hereby. ARTICLE VIII DEFINITIONS All capitalized terms used herein and not defined shall have the meaning assigned to such terms in the Current Indenture. [Remainder of page intentionally left blank] City Council | Tuesday, March 21, 2023 | Page 41 of 145 City Council | Tuesday, March 21, 2023 | Page 42 of 145 IN WITNESS WHEREOF, the parties hereto have caused this Third Supplemental Indenture of Trust to be duly executed and delivered as of the date and year first written above. CITY OF MENDOTA HEIGHTS, MINNESOTA By: Name: Stephanie Levine Title: Mayor By: Name: Cheryl Jacobson Title: City Administrator [Signature page of Third Supplemental Indenture of Trust — Lexington Heights Apartments Project] City Council | Tuesday, March 21, 2023 | Page 43 of 145 WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, as agent and attorney-in-fact By: Name: Title: [Signature page of Third Supplemental Indenture of Trust — Lexington Heights Apartments Project] City Council | Tuesday, March 21, 2023 | Page 44 of 145 Consented to and agreed to by: RILEY FAMILY LEXINGTON HEIGHTS, LLLP By: Name: Title: [Consent page of Third Supplemental Indenture of Trust – Lexington Heights Apartments Project] City Council | Tuesday, March 21, 2023 | Page 45 of 145 Consented to and agreed to by: WELLS FARGO BANK, NATIONAL ASSOCIATION, as Sole Bondholder By: Name: Title: [Consent page of Third Supplemental Indenture of Trust – Lexington Heights Apartments Project] City Council | Tuesday, March 21, 2023 | Page 46 of 145 EXHIBIT A TO THIRD SUPPLEMENTAL INDENTURE OF TRUST EXHIBIT B BOND FORM - DIRECT PURCHASE PERIOD THIS BOND MAY NOT BE TRANSFERRED EXCEPT IN ACCORDANCE WITH SECTION 2.14 OF THE INDENTURE AND AS PROVIDED HEREIN UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS, MINNESOTA MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 2013 No. R-__ Interest Rate Maturity Date Issue Date AS STATED BELOW ____________, 20__ ___________, 2013 REGISTERED OWNER: WELLS FARGO BANK, NATIONAL ASSOCIATION FOR VALUE RECEIVED, City of Mendota Heights, Minnesota, a municipal corporation and political subdivision (the "Issuer") duly organized and existing under the Constitution and laws of the State of Minnesota (the “State”), hereby promises to pay to the Registered Owner specified above, or its registered assigns (each, an “Owner”), upon surrender hereof at a designated office of Wells Fargo Bank, National Association, as registrar (the “Registrar”), on the Maturity Date specified above, unless redeemed prior thereto, an aggregate principal amount equal to $10,570,000 (the “Principal Amount”), together with interest thereon at the rates determined as set forth herein from the Issue Date specified above, but only from the sources and in the manner hereinafter provided on the first Business Day of each calendar month and on each Conversion Date (each, an “Interest Payment Date”) until the principal hereof is paid or duly provided for upon redemption or maturity. Payment of the principal and Purchase Price of, redemption premium, if any, and interest on this Bond shall be made in lawful money of the United States of America which on the respective dates of payment thereof shall be legal tender for the payment of public and private debts. The Issuer and the Trustee have agreed that all amounts payable to the Owner with respect to any Bond held by the Owner shall be made to the Owner (without any presentment thereof, except upon payment of the final installment of principal, and without any notation of such payment being made thereon) in such manner or at such address in the United States of America as may be designated by the Owner in writing to the Trustee and the Issuer. Partial City Council | Tuesday, March 21, 2023 | Page 47 of 145 payments of the principal on this Bond may be noted on the Table of Partial Redemptions attached herein in lieu of surrendering this Bond in connection with such payment. Interest on this Bond shall be computed on the basis of [a 360-day year of twelve 30-day months during any Medium Term Rate period] [a 365-day year (366-days in a leap year) for the actual days elapsed during any SIFMA Index Rate Period] [a 360-day year for the actual days elapsed during any SOFR Index Rate Period]. In any case where the date of maturity of the principal or Purchase Price of, redemption premium, if any, or interest of this Bond or the date fixed for redemption of this Bond shall not be a Business Day, then payment of such principal, Purchase Price redemption premium or interest need not be made on such date but shall be made on the immediately succeeding Business Day, with the same force and effect as if made on the date of maturity or the date fixed for redemption, and, in the case of such payment, no interest shall accrue for the period from and after such date. This Bond shall be a limited obligation of the Issuer, the principal and Purchase Price of, redemption premium, if any, and interest on which are payable solely from and secured by the Trust Estate described in the Indenture (hereinafter defined), all as described in and subject to limitations set forth in the Indenture, for the equal and ratable benefit of the Owners, from time to time of this Bond. The principal and Purchase Price of, redemption premium, if any and interest on this Bond shall not be deemed to constitute or create an indebtedness, liability or obligation of the Issuer, the State or any political subdivision or agency thereof within the meaning of any state constitutional provision or statutory limitation or a pledge of the faith and credit or the taxing power of the Issuer, the State, or any such political subdivision or agency. THE PRINCIPAL AND PURCHASE PRICE OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A PLEDGE OF FAITH AND CREDIT OF THE ISSUER, THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF. NONE OF THE ISSUER, THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL BE OBLIGATED TO PAY PRINCIPAL AND PURCHASE PRICE OF, REDEMPTION PREMIUM, IF ANY, OR INTEREST ON THIS BOND OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE TRUST ESTATE. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE ISSUER, THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL A ND PURCHASE PRICE OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THIS BOND OR OTHER COSTS INCIDENT THERETO. This Bond is one of the Bonds of a duly authorized issue of revenue bonds of the Issuer in the aggregate principal amount of $10,570,000 known as City of Mendota Heights, Minnesota, Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 2013 (the “Bonds”), dated as of the Issue Date referenced above. All of the Bonds are issued under and pursuant to the Minnesota Statutes, Chapter 462C (the “Act”), and an Indenture of Trust (as amended, restated, supplemented or otherwise modified from time to time, the “Indenture”), dated as of August 1, 2013, between the Issuer and Wells Fargo Bank, National Association, as Trustee (the “Trustee”). Reference is hereby made to the Indenture for the provisions, among others, with respect to the custody and application of the proceeds of the Bonds, the collection and disposition of revenues, a description of the funds charged with and pledged to the payment of the principal and Purchase Price of, redemption premium, if any, and interest on the Bonds, the nature and extent City Council | Tuesday, March 21, 2023 | Page 48 of 145 of the security for the Bonds, the terms and conditions under which the Bonds are or may be issued, the rights, duties and obligations of the Issuer and the Trustee and the rights of the Owners of the Bonds. By the acceptance of this Bond, the Owner hereof assents to all of the provisions of the Indenture. Capitalized terms used herein and not defined shall have the meanings assigned to them in the Indenture. The Bonds have been issued for the purpose of (a) refunding the outstanding principal amount of the Issuer’s Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991A and Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991B (the “Prior Bonds”) and thereby refinancing the acquisition, construction, installation and equipping of a 225-unit multifamily housing development located at 2300 South Lexington in the City of Mendota Heights, Minnesota (the “Project”) and (b) payment of certain costs incurred in connection with the issuance of the Bonds. The Issuer and Riley Family Lexington Heights, LLLP (the “Borrower”) have entered into a Loan Agreement, dated as of August 1, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), pursuant to which the Issuer has agreed to make available the proceeds of the sale of the Bonds to the Borrower, and the Borrower has agreed to make payments in an amount, corresponding to the Principal Amount of, interest rate on, Purchase Price of and due dates of the Bonds. The Agreement also provides for the payment by the Borrower of certain fees and expenses. 1. Interest Rates on Bonds. (a) Initial Rate -- General. Interest accrued on this Bond shall be paid on each Interest Payment Date commencing on the earlier of the first Interest Payment Date following the Issue Date or the first Conversion Date. The interest rate on this Bond shall be determined as provided in the Indenture. (b) Adjustments to Interest Rates. Notwithstanding the foregoing, (i) from and after any Taxable Date, the interest rate on this Bond shall be established at a rate equal to the Taxable Rate and (ii) subject to the interest rate limitations of paragraph 1(a) above, upon the occurrence and continuation of any Event of Default, from and after the effective date of such Event of Default, the interest rate on this Bond shall be established at a rate equal to the Default Rate. In the event that a Taxable Date and an Event of Default have occurred, the interest rate on this Bond shall be established at a rate equal to the greatest of (A) the Default Rate, if any Event of Default has occurred, (B) the Taxable Rate, if a Taxable Date has occurred and (C) the interest rate that otherwise would be applicable to this Bond but for the provisions of this paragraph. (c) Excess Interest. Notwithstanding anything herein to the contrary, if the rate of interest on this Bond exceeds the Maximum Lawful Rate for this Bond, then (i) this Bond shall bear interest at the Maximum Lawful Rate and (ii) interest calculated at the rate equal to the difference between (A) the rate of interest for this Bond as calculated herein and (B) the Maximum Lawful Rate (the “Excess Interest”) shall be deferred until such date as this Bond bears interest at an interest rate below the Maximum Lawful Rate, as calculated pursuant to Section 2.03 of the Indenture, at which time Excess Interest shall be payable with respect to this Bond in amounts that, when combined with the then current City Council | Tuesday, March 21, 2023 | Page 49 of 145 interest due on this Bond, do not exceed payment at the Maximum Lawful Rate. Payments of deferred Excess Interest shall no longer be due and payable upon the earlier to occur of the date on which this Bond is tendered for purchase in accordance with the terms of the Indenture and is so paid or this Bond is paid in full. (d) Determination of Rates Conclusive. The determination of any Rate by the Calculation Agent or the Market Agent shall be conclusive and binding upon the Issuer, the Borrower, the Trustee, the Paying Agent, the Remarketing Agent, if any, the Market Agent, if any, the Calculation Agent and the Owner absent manifest error. 2. Tender of Bonds for Purchase. (a) Certain Required Tenders for Purchase. This Bond is subject to mandatory tender for purchase as provided in the Indenture on any Mandatory Purchase Date (e.g., any proposed Conversion Date, a Direct Purchase Period Purchase Date and certain dates designated by the Owner or the Borrower) at the Purchase Price thereof. (b) Bonds Deemed Tendered. If, with respect to a Mandatory Purchase Date, an Owner fails to deliver such Bond to the Trustee on or before the Mandatory Purchase Date, as required, then such Bond (or portion thereof) that is not delivered to the Trustee shall be deemed to have been properly tendered (such Bond being hereinafter referred to as an “Untendered Bond”) and, to the extent that there shall be on deposit with the Paying Agent on the date purchase thereof is required as provided in the Indenture, an amount sufficient to pay the Purchase Price thereof, such Untendered Bond shall cease to constitute or represent a right to payment of principal or interest thereon and shall constitute and represent only the right to the payment of the Purchase Price payable on such date. (c) Mandatory Purchase of Direct Purchase Period Purchase Date. Notwithstanding anything herein to the contrary, in the event this Bond is not purchased or remarketed on a Direct Purchase Period Purchase Date, this Bond shall constitute an Unremarketed Bond and such Unremarketed Bond shall bear interest at the rates and shall be payable and redeemed on the dates and in the amounts set forth in the Continuing Covenant Agreement. 3. Conversion of the Interest Rate Determination Method for the Bonds. The Indenture provides that the Borrower may change the Interest Rate Determination Method for the Bonds, subject to the terms and conditions set forth therein. 4. Optional Redemption. Subject to any limitations set forth in the Continuing Covenant Agreement, the Bonds are subject to redemption in Authorized Denominations, at the direction of the Borrower, on behalf of the Issuer, in whole or in part, on any Interest Payment Date at a redemption price equal to the principal amount of the Bonds to be redeemed plus accrued interest thereon to, but not including, the redemption date. 5. Extraordinary Optional Redemption. The Bonds are subject to redemption in whole, at the direction of the Borrower, on behalf of the Issuer, and with the written consent of the Registered Owner, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus accrued interest thereon to, but not including, the redemption date, on any date City Council | Tuesday, March 21, 2023 | Page 50 of 145 for which the requisite notice of redemption can be given, within one hundred eighty (180) days of the occurrence of certain events specified in the Indenture relating to damage or destruction of the Project or portions thereof, the taking by eminent domain of the Project or portions thereof, changes in law or other events that render continued operation of the Project uneconomical, legal curtailment of the use of the Project or the termination of the Agreement other than because of an event of default thereunder. 6. Mandatory Sinking Fund Redemption. The Bonds are not subject to mandatory sinking fund redemption. 7. Redemption of Unremarketed Bonds. Unremarketed Bonds are subject to special mandatory redemption by the Borrower, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus accrued interest thereon to but not including the date of such redemption, on the dates, in the amounts and in the manner set forth in the Continuing Covenant Agreement. 8. Notice of Redemption. Notice of redemption shall be given as provided in the Indenture. 9. Miscellaneous. Under certain circumstances as described in the Indenture, the principal of all the Bonds may be declared due and payable in the manner and with the effect provided in the Indenture. Modifications or alterations to the Indenture or the Agreement may be made only to the extent and in the circumstances permitted by the Indenture and the Agreement. The Owner of this Bond shall have no right to enforce the provisions of the Indenture or the Agreement, or to institute action to enforce the covenants therein, or to take any action with respect to a default under the Indenture or the Agreement, or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided under certain limited circumstances described in the Indenture and the Agreement; provided, however, that nothing contained in the Indenture shall affect or impair any right of enforcement conferred on the Owner hereof by the Act to enforce (i) the payment of the principal and Purchase Price of, redemption premium, if any, and interest on this Bond at and after the maturity hereof, or (ii) the obligation of the Issuer to pay the principal and Purchase Price of, redemption premium, if any, and interest on this Bond to the Owner hereof at the time, place, from the source and in the manner as provided in the Indenture. The Issuer and the Trustee have agreed that all amounts payable to the Owner with respect to this Bond may be made by the Borrower to the Owner, upon the Owner's written notice to the Trustee and the Borrower (without any presentment thereof, except upon the payment of the final installment of principal, and without any notation of such payment being made thereon), in such manner or at such address in the United States of America as may be designated by the Owner in writing to the Trustee and the Borrower (the “Purchaser Direct Payment Period”), including by the Owner debiting an account of the Borrower as may be provided in the Continuing Covenant Agreement, all as further described in the Indenture. This Bond is transferrable only to a Person: City Council | Tuesday, March 21, 2023 | Page 51 of 145 (a) that is an affiliate of Wells Fargo Bank, National Association; (b) that is a trust or other custodial arrangement established by Wells Fargo Bank, National Association or one of its affiliates, the owners of any beneficial interest in which are limited to qualified institutional buyers as defined in Rule 144A promulgated under the Securities Act of 1933, as amended; or (c) that is a qualified institutional buyer and a commercial bank organized under the laws of the United States of America, or any state thereof, or any other country which is a member of the Organization for Economic Cooperation and Development, or a political subdivision of any such country, and, in any such case having a combined capital and surplus of $5,000,000,000 or more who executes an investor letter substantially in the form of Exhibit G to the Indenture. It is hereby certified that all acts, conditions and things required to happen, exist and be performed under the laws of the State of Minnesota and under the Indenture precedent to and in the issuance of this Bond have happened, exist and have been performed as so required and that the issuance, authentication and delivery of this Bond have been duly authorized by the Issuer. Unless the certificate of authentication hereon has been executed by the Trustee by manual signature of one of its authorized signers, this Bond shall not be entitled to any benefit under the Indenture, or be valid or obligatory for any purpose. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] City Council | Tuesday, March 21, 2023 | Page 52 of 145 IN WITNESS WHEREOF, City of Mendota Heights has caused this Bond to be executed in its name and on its behalf by the manual or facsimile signature of the Mayor and City Administrator of the Issuer and all as of the Issue Date referenced above. CITY OF MENDOTA HEIGHTS By: ____________________________________ Title: Mayor By: ____________________________________ Title: City Administrator City Council | Tuesday, March 21, 2023 | Page 53 of 145 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds issued under the provisions of the within mentioned Indenture. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, as agent and attorney-in-fact By: ____________________________________ Authorized Representative Dated: __________, 20__ ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto _____________________________________ (Please print or type the Name and Address, including the Zip Code of the Transferee, and the federal taxpayer identification or social security number) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints _____________ attorney to transfer the within Bond on the books kept for registration and transfer thereof, with full power of substitution in the premises. Dated: ________________________ _______________________________________ NOTICE: The signature on this Assignment must correspond with the name as it appears upon the face of the within mentioned Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed By: ______________________________ City Council | Tuesday, March 21, 2023 | Page 54 of 145 NOTICE: Signature(s) must be guaranteed by a member firm of the STAMP, SEMP or MSP signature guaranty medallion program. City Council | Tuesday, March 21, 2023 | Page 55 of 145 TABLE OF PARTIAL REDEMPTIONS Upon all partial redemptions (whether optional, mandatory or otherwise) the above Bond may be surrendered to the Trustee for the appropriate notation by it on the table below or the Owner may make such notation itself. Date Amount Redeemed Remaining Unpaid Principal Amount Signature of Bondholder or Trustee [End of Form of Bond] City Council | Tuesday, March 21, 2023 | Page 56 of 145 EXHIBIT B TO THIRD SUPPLEMENTAL INDENTURE OF TRUST EXHIBIT H FORM OF DIRECT PURCHASE PERIOD CONVERSION NOTICE [DATE] Wells Fargo Bank, National Association, as Trustee CTO Mail Operations Attention: [Account Manager Name] 1505 Energy Park Drive Saint Paul, Minnesota 55108 $10,570,000 City of Mendota Heights, Minnesota Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 2013 Ladies and Gentlemen: Reference is hereby made to that: A. Indenture of Trust, dated as of August 1, 2013, , between the City of Mendota Heights, Minnesota (the “Issuer”) and Wells Fargo Bank, National Association, as Trustee (the “Trustee”), as supplemented and amended by the First Supplemental Indenture of Trust dated as of September 1, 2018, the Second Supplemental Indenture of Trust dated as of December 20, 2019, and the Third Supplemental Indenture of Trust dated as of [March __], 2023, each between the Issuer and the Trustee and consented to by the Borrower and the Purchaser (each as defined below) (collectively, the “Indenture”); B. Loan Agreement dated as of August 1, 2013 (the “Agreement”), between the Issuer and Riley Family Lexington Heights, LLLP (the “Borrower”); and C. Continuing Covenant Agreement dated as of June 28, 2013 (the “Continuing Covenant Agreement”) between the Borrower and Wells Fargo Bank, National Association, as Purchaser (the “Purchaser”), as amended by the Amendment to Continuing Covenant Agreement dated as of December 20, 2019, between the Borrower and the Purchaser. All capitalized terms contained herein which are not specifically defined shall have the meanings assigned to such terms in the Indenture. City Council | Tuesday, March 21, 2023 | Page 57 of 145 The Borrower hereby elects, pursuant to Section 2.04(b) of the Indenture, to change the Interest Rate Determination Method for the Bonds to a new Interest Rate Determination Method as follows: 1. Conversion Date: ___________________ 2. New Interest Rate Determination Method: [Index Interest Rate Period] [Medium- Term Rate Period][Fixed Rate Period]. [IF A FIXED RATE PERIOD IS SELECTED: 3. Term of Fixed Rate Period [to Maturity]. 4. New Fixed Rate: ___________________. [IF A MEDIUM-TERM RATE PERIOD IS SELECTED: 5. Term of new Direct Purchase Period: ___________________. 6. New Medium-Term Rate: ___________________. 7. New Direct Purchase Period Purchase Date ___________________. [IF AN INDEX INTEREST RATE PERIOD IS SELECTED: 8. New Index Interest Rate: [SIFMA Index Rate] [SOFR Index Rate]. 9. New Direct Purchase Period Purchase Date: ___________________. 10. New Applicable Factor: ___________________%. 11. New Applicable Spread: ______ basis points (___%)[; provided, however, that in the event that any of the Obligor Ratings is reduced or falls below [“____” by Moody’s, “____” by Fitch or “____” by S&P], the number of basis points set forth opposite the rating then assigned to the Obligor Ratings under the caption “Applicable Spread” in the chart below: Obligor Ratings (lowest rating applies) Applicable Spread Moody’s Fitch S&P City Council | Tuesday, March 21, 2023 | Page 58 of 145 A1 or higher A+ or higher A+ or higher ____ basis points (__%) A2 A A ____ basis points (__%) A3 A- A- ____ basis points (__%) Baa1 BBB+ BBB+ ____ basis points (__%) Baa2 BBB BBB ____ basis points (__%) Baa3 BBB- BBB- ____ basis points (__%) In addition, in the event that any Obligor Rating is withdrawn or suspended by [Moody’s, Fitch or S&P], the Applicable Spread shall equal ______ basis points (___%). In the even that more than one of Moody’s, Fitch or S&P has assigned an Obligor Rating and such rating agencies have not assigned equivalent Obligor Ratings, the lowest Obligor Rating assigned shall be used to determine the Applicable Spread. Any change in the Applicable Spread shall become effective on [the first SOFR Index Reset Date] or SIFMA Rate Reset Date, as applicable, succeeding the date of announcement or publication by [Moody’s, Fitch or S&P ] of a change in such Obligor Rating, or in the absence of such announcement or publication, on the effective date of such changed Obligor Rating. References to the ratings above are to rating categories as determined by Moody’s, Fitch or S&P as of the Conversion Date and, in the event of the adoption of any new or changed rating system by such rating agency, including, without limitation, any recalibration or realignment of the Obligor Rating in connection with the adoption of a “global” rating scale, the ratings from the rating agency in question referred to above shall be deemed to refer to the rating category under the new rating system which most closely approximates the applicable rating category in effect on the Conversion Date.] [IF FIXED RATE OR MEDIUM-TERM RATE IS SELECTED: The redemption provisions for the Bonds while in the new Rate Period are as follows: [INCLUDE OPTIONAL AND SINKING FUND PROVISIONS] Please be advised that the Borrower is hereby appointing Wells Fargo Bank, National Association, having due regard for prevailing market conditions for bonds or other securities comparable as to tax treatment, credit and maturity to the Bonds, to serve as Market Agent for the sole and limited purpose of determining the number of basis points (i.e. the Applicable Spread), which when added to the [SIFMA Index][the product of the SOFR Index multiplied by the Applicable Factor], would equal the minimum interest rate per annum that would enable the Bonds to be sold on the Conversion Date at a price of par (without regard to accrued interest, if any, thereon). Very truly yours, City Council | Tuesday, March 21, 2023 | Page 59 of 145 RILEY FAMILY LEXINGTON HEIGHTS, LLLP By ____________________________________ Name __________________________________ Title City Council | Tuesday, March 21, 2023 | Page 60 of 145 [Signature Page to Conversion Notice] Wells Fargo Bank, National Association hereby (i) certifies that it is the Owner of 100% of the outstanding aggregate principal amount of the Bonds, and (ii) agrees, subject to the satisfaction all requirements of the Indenture, to purchase the Bonds in the new [Index Interest Rate Period] [Medium-Term Rate Period] [Fixed Rate Period] upon the foregoing terms on the Conversion Date. All capitalized terms contained herein which are not specifically defined shall have the meanings assigned to such terms in the foregoing Conversion Notice. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Purchaser By ____________________________________ Name __________________________________ Title Dated: ___________, 20__ City Council | Tuesday, March 21, 2023 | Page 61 of 145 [Signature Page to Conversion Notice] Wells Fargo Bank, National Association hereby accepts its appointment to serve as Market Agent for the purposes set forth in the foregoing Conversion Notice. In the judgment of the Market Agent, having due regard for prevailing market conditions for bonds or other securities comparable as to tax treatment, credit and maturity to the Bonds, _____ basis points (i.e. the Applicable Spread), when added to the [SIFMA Index] [the product of the SOFR Index multiplied by the Applicable Factor], is the minimum interest rate per annum that would enable the Bonds to be sold on the Conversion Date at a price of par (without regard to accrued interest, if any, thereon). All capitalized terms contained herein which are not specifically defined shall have the meanings assigned to such terms in the foregoing Conversion Notice. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Market Agent By ____________________________________ Name __________________________________ Title Dated: ___________, 20__ City Council | Tuesday, March 21, 2023 | Page 62 of 145 [Signature page to Conversion Notice] Wells Fargo Bank, National Association, as Trustee, hereby acknowledges and agrees to the terms of the foregoing Conversion Notice. All capitalized terms contained herein which are not specifically defined shall have the meanings assigned to such terms in the foregoing Conversion Notice. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: COMPUTERSHARE TRUST COMPANY, NATIONAL ASSOCIATION, as agent and attorney-in-fact By ____________________________________ Name __________________________________ Title Dated: ___________, 20__ City Council | Tuesday, March 21, 2023 | Page 63 of 145 City Council | Tuesday, March 21, 2023 | Page 64 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor, City Council and City Administrator FROM: Kelly Torkelson, Assistant City Administrator Meredith Lawrence, Park and Recreation Manager SUBJECT: Approve Hiring of a Parks and Recreation Intern INTRODUCTION The City Council is asked to approve the hiring of Darby Keech as the Parks and Recreation Summer Intern. BACKGROUND The city’s Parks and Recreation Internship is a temporary position that will provide a learning experience and insight into the parks and recreation profession. The intern will work under the direction of the Parks and Recreation Manager and in partnership with other city staff including the Recreation Program Coordinator, Assistant City Administrator, Communications Coordinator, Public Safety staff and Public Works staff. The internship experience will be a mutually beneficial experience for both the city and for the intern. Staff are pleased to recommend the hiring of Darby Keech as the Parks and Recreation Intern. Darby has previous parks and recreation internship experience that she will be building on during her time with the City of Mendota Heights. Darby Keech is currently completing a Bachelors degree in Child Life and Family Studies and is interested in pursuing a career in parks and recreation. With the approval of the City Council, staff will work to identify a start date for the internship which will run through the summer to complete on September 1, 2023. BUDGET IMPACT Staff are recommending to hire Darby Keech as the Parks and Recreation Summer Intern with a pay rate of $16.75 an hour. This wage is consistent with our recreation instructor seasonal scale. This is an unbudgeted item; however, the parks budget currently has sufficient funds to cover the costs due to costs savings from low seasonal staffing as well as other items. RECOMMENDATION To Hire Darby Keech as the Parks and Recreation Summer Intern with a pay rate of $16.75 an hour. ACTION REQUIRED If City Council concurs, it should by motion, approve the hire of Darby Keech as the Parks and Recreation Summer Intern with a pay rate of $16.75 an hour. 5gCity Council | Tuesday, March 21, 2023 | Page 65 of 145 City Council | Tuesday, March 21, 2023 | Page 66 of 145 Request for City Council Action MEETING DATE: March 21, 2023 TO: Mayo r, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: January 2023 Fire Synopsis Total Fire Calls for January 2023: 31 Types of calls: Fires: 1 In January, the station was paged for a residential fire alarm in a multi-family condominium where it was found to have been due to cooking and was contained to the stove. Medical/Extrication: 10 For the month there were 10 medical calls in nature including one vehicle accident with injuries and one accident requiring extrication from the vehicle. In addition, the department was called to assist in getting a wheelchair free of entanglement. Hazardous Situations: 7 January’s “hazardous situations” calls included four calls for carbon monoxide alarms, one was for a power line down, one was for a power line arcing and finally one call for a possible natural gas leak. Service Call: 1 The fire department was paged to assist the police department in getting access to a building where a panic alarm was reported. False Alarms/System Malfunctions: 5 Two calls in January were deemed to be system malfunctions, two were unintentional trips, and one was a pull-station activation. Good Intent: 2 Good intent calls for January included a smoke scare and a hazardous materials release call. Dispatched and Cancelled En route: 1 The MHFD had only one call in January that was cancelled en route Mendota Heights 24 call(s) Lilydale 1 call(s) Mendota 1 call(s) Sunfish Lake 1 call(s) Other 4 call(s) Total Calls: 31 call(s) 5hCity Council | Tuesday, March 21, 2023 | Page 67 of 145 Mutual/Auto-Aid Other: 4 We were paged to neighboring departments four times in January for auto/mutual aid requests including: three calls for structure fires in West St Paul and one call for a smell of natural gas that was actually in Inver Grove Heights. January Trainings January 11 18:30 CPR Refresher Mandatory Offering 1 of 3 Firefighters are required to stay current on their CPR certification and this class featured classroom as well as hands on elements. January 12 07:00 CPR Refresher Mandatory Offering 2 of 3 Firefighters are required to stay current on their CPR certification and this class featured classroom as well as hands on elements. January 23 18:30 Rescue Tools In-Service Mandatory Offering 1 of 3 This drill had manufacturer trainers conduct the training to go over our new battery-operated extrication tools. The training also utilized training vehicles to go over the differences between the present battery-operated tools vs our previous tools. January 24 07:00 Rescue Tools In-Service Mandatory Offering 2 of 3 This drill had manufacturer trainers conduct the training to go over our new battery-operated extrication tools. The training also utilized training vehicles to go over the differences between the present battery-operated tools vs our previous tools. City Council | Tuesday, March 21, 2023 | Page 68 of 145 Number of Calls 31 Total Calls for Year 31 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas $0 Cooking Fire - confined 1 $0 Vehicle - MH $0 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $0 $0 $0 Overpressure, rupture, explosion MEDICAL Emergency Medical/Assist 7 Vehicle accident w/injuries 1 Extrication 1 ALL FIRES, ALL AREAS (MONTH)$0 Medical, other 1 HAZARDOUS SITUATION $0 Spills/Leaks 1 Carbon Monoxide Incident 4 $0 Power line down 1 Arcing, shorting 1 $0 Hazardous, Other SERVICE CALL Smoke or odor removal $0 Assist Police or other agency 1 Public Service GOOD INTENT Good Intent Dispatched & Cancelled 1 Current To Date Last Year Smoke Scare 1 24 24 16 HazMat release investigation 1 1 1 2 Good Intent, Other 1 1 0 FALSE ALARMS 1 1 0 False Alarm 4 4 3 Malfunction 2 Unintentional 2 Total:31 31 21 False Alarm, other 1 MUTUAL AID 4 FIRE MARSHAL'S TIME FOR MONTH Total Calls 31 Inspections Investigations WORK PERFORMED Hours To Date Last Year Re-Inspection Fire Calls 423 423 409 Meetings 37 37 170 Meetings Training 290 290 39 Special Activity 13 13 30.5 Administration Fire Marshal 0 0 34.5 Plan Review/Training TOTALS 763 763 683 TOTAL:0 MENDOTA HEIGHTS FIRE DEPARTMENT JANUARY 2023 MONTHLY REPORT Mendota Heights Sunfish Lake Other FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Lilydale Mendota Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date City Council | Tuesday, March 21, 2023 | Page 69 of 145 City Council | Tuesday, March 21, 2023 | Page 70 of 145 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.com m -1 CITY OF :.:.:., MENDOTA HEIGHTS MEETING DATE: TO: FROM: SUBJECT: BACKGROUND Significant Claims Request for City Council Action March 21, 2023 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director � Claims List Summary Met Council Environmental Srvcs -March Sewer Service Xcel Energy -Utilities A to Z Home Inspections -1/3-2/24/23 Inspections Axon Enterprise -Software Police Dept Cargill Inc. -Deicer Streets Evolve Windows and Doors Par 3 Windows Deposit Fleetpride -Equipment Repair Streets Mansfield Oil -Fuel Mid N01ihern Services Parks Electrical Work Nuss Truck & Equipment -Equipment Repair Streets RES Great Lakes -Valley Park Forest Enhancement Swanson Haskamp Consulting-Interim Planning/Zoning Updates TKDA Street Project Work Veit & Co -Park Place/Rogers Lake Pond Improvements Manual Checks Total System Checks Total Total for the list of claims for the March 21, 2023 City Council meeting RECOMMENDATION $ 112,278.62 $ 20,685.52 $ 14,947.88 $ 11,436.00 $ 11,690.54 $ 5,325.95 $ 6,647.51 $ 12,445.89 $ 5,019.86 $ 7,328.82 $ 4,500.00 $ 12,375.67 $ 25,053.23 $ 144,900.94 $ 168,838.55 $ 374,347.37 $ 543,185,92 Staff recommends that the Mendota Heights City Council approve the list of claims for March 21, 2023. 5iCity Council | Tuesday, March 21, 2023 | Page 71 of 145 City Council | Tuesday, March 21, 2023 | Page 72 of 145 City Council | Tuesday, March 21, 2023 | Page 73 of 145 City Council | Tuesday, March 21, 2023 | Page 74 of 145 City Council | Tuesday, March 21, 2023 | Page 75 of 145 City Council | Tuesday, March 21, 2023 | Page 76 of 145 City Council | Tuesday, March 21, 2023 | Page 77 of 145 City Council | Tuesday, March 21, 2023 | Page 78 of 145 City Council | Tuesday, March 21, 2023 | Page 79 of 145 City Council | Tuesday, March 21, 2023 | Page 80 of 145 City Council | Tuesday, March 21, 2023 | Page 81 of 145 City Council | Tuesday, March 21, 2023 | Page 82 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor, City Council and City Administrator FROM: Peter Renteria, Police Officer SUBJECT: Presentation of New Police Department Mission Statement INTRODUCTION The Mendota Heights Police Department has recently reviewed our mission statement and have decided to create a new mission statement that better represents who we are and what the community can expect from their police department. BACKGROUND The Department’s current mission statement is: “The mission of the Mendota Heights Police Department is to provide the highest quality, professional police services to the communities of Mendota Heights, Lilydale and Mendota.” I attended a training in 2022, and the instructor spoke about mission statements and how the meaning of the words in the statement should be easily defined by the community and officers. I looked at the current mission statement and had two issues with it. How do you define highest quality? Highest quality has a different meaning to every person. And the second issue is that the Mendota Heights PD only provides the highest quality services to the communities of Mendota Heights, Lilydale and Mendota. The process to creating a new mission statement was first putting out a survey to the Mendota Heights PD Officers. With the survey we identified words that best describe who we are as a police department. Then, with the help of several officers, we created a first draft of the new mission statement. Finally, at a department meeting we reviewed and made adjustments to the drafted mission statement. As a department we concluded that the mission statement should be changed to: “The Mendota Heights Police Department is dedicated to professional service with integrity and fairness to all.” 7aCity Council | Tuesday, March 21, 2023 | Page 83 of 145 An explanation of the new mission is as follows: “As Mendota Heights Police Officers we are dedicated to professional services…” To us this means that we are proud and devoted to serving the community and expect one another to be professional, not only in how we present ourselves but how we treat people. “…with integrity…” To us this means to serve with high morals and good ethics. We will be honest with you as a department. “…and fairness to all.” To us this means that we are fair and just with everyone. It does not matter what race, ethnicity, age, sex, class or that you live in Mendota Heights, Lilydale or Mendota, if you interact with a MHPD Officer you can expect to be treated fairly. ACTION REQUESTED Informational. Council should ask any questions that they may have. City Council | Tuesday, March 21, 2023 | Page 84 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Parks, Recreation, and Par 3 Annual Report INTRODUCTION At its meeting on March 21, the City Council will hear a presentation from staff on the 2022 accomplishments in relation to Parks, Recreation, and the Par 3 Golf Course. Attachments: Annual Report ACTION REQUIRED Informational. No Council action is required. The City Council is welcome to provide feedback and direction for the 2023 year to staff. 7bCity Council | Tuesday, March 21, 2023 | Page 85 of 145 3/15/2023 1 Parks & Recreation Year in Review 2022 City of Mendota Heights Overview •Parks & Recreation •Field & facility use  •Recreational program review •Park  improvement projects •Strategic planning •2023 plans •Par 3 •Usage review •Financial review •Programs/events •Capital improvements •2023 plans •Q&A Year in Review 2022 City Council | Tuesday, March 21, 2023 | Page 86 of 145 3/15/2023 2 Parks & Recreation Field & Facility Use Baseball/Softball Fields Soccer Fields Picnic Shelter Football Tennis Courts Lacrosse Hockey Rink Baseball/Softball Fields Soccer Fields Picnic Shelter Football Tennis Courts Lacrosse Hockey Rink Civic Center 530 Friendly Hills 358 217 30 Hagstrom‐King 506 Ivy Hills 506 Kensington 915 26 282 Marie 561 Mendakota 1652 364 146 480 94 Rogers Lake 196 Valley 528 17 Victoria Highlands 273 Wentworth 273 91 TOTALS 5,187.0 1,496.0 476.0 480.0 94.0 282.0 30.0 Use by Hours Total  Use by Hours 8045 Parks & Recreation Warming  Houses/Ice Rinks Usage Year in Review 2022 •Friendly Hills and Marie Park  warming houses were open and  staffed  •Friendly Hills: 909 skaters •Marie: 1868 skaters •Total: 2777 skaters •Wentworth warming house was  open but not staffed City Council | Tuesday, March 21, 2023 | Page 87 of 145 3/15/2023 3 Parks & Recreation Recreational Program Review •Offered •Sports Camps •Safety Camp •Art Camps •Technology Camps •Theater Camps •Gymnastics Program •Ice skating Lessons •Tennis Camps •Tour  De Rec  Year in Review 2022 505 Parks & Recreation Recreational Program Review participants 24 Skating/Gymnastics  Camp 41 Safety Camp 22 Theatre Camp 49 Pickleball 100 Tour  de Rec (Est.) 85 Sports Unlimited Camps Par 3 Golf Programs not included Tennis Camp  (Youth + Adult) 164 20 Art/Science Camps28% increase in participation from 2021 City Council | Tuesday, March 21, 2023 | Page 88 of 145 3/15/2023 4 Parks & Recreation Recreational Event Review •Offered •Stargazing •Folks on Spokes •Cliff Timm Memorial Fishing Derby •Kids Garage Sale •Makers Market  •Dog Day at the Dog Park •Senior Passport to TPAC  •Pickleball with Public Safety •Blade with the Blue •Summer Concerts  •Movie Night Year in Review 2022 626 Parks & Recreation Recreational Event Review participants Par 3 Golf Programs not included 15  Stargazing 175 Kid’s Garage Sale 10 Senior Passport  to TPAC 20  Folks on Spokes 250  Makers Market 40  Pickleball with  Public Safety 41  Fishing Derby 50  Dog Day 25 Blade with the  Blue 12% increase in participation from 2021 City Council | Tuesday, March 21, 2023 | Page 89 of 145 3/15/2023 5 Parks & Recreation Recreational Program Review 115 Softball participants •“D” level men’s softball league •8 softball teams total Year in Review 2022 Parks & Recreation Legacy Event Review •Frozen Fun Fest •Touch a Truck •Parks Celebration •Trick or Tee-ing Year in Review 2022 City Council | Tuesday, March 21, 2023 | Page 90 of 145 3/15/2023 6 Frozen Fun Fest Year in Review 2022 •First Time Event •Friday, February 3 •Community Hike at Valley Park •Saturday, February 4 •Ice Sculptor at Market Square Park •Outdoor Concert/Food Truck  at Mendakota •Sunday, February 5 •Youth  Intro to Ice Fishing at Rogers Lake Park •Family Kickball Tournament at Mendakota •Medallion Hunt •Coloring Contest Touch a Truck Year in Review 2022 •Saturday, May 14 at Mendakota Park •Wide Variety  of Rigs •Mendota Heights Public Works •Mendota Heights Police Department •Mendota Heights Fire Department •Dakota County  •M Health Fairview  Ambulance  •SavATree Bucket Truck •Bituminous Roadways  Quad Dump  Truck •Aspen Garbage Truck •MNDOT Crane  City Council | Tuesday, March 21, 2023 | Page 91 of 145 3/15/2023 7 Parks Celebration Year in Review 2022 •Friday, August 12 •Food Truck  Festival at Mendakota •Kids Magician and Concert •Saturday, August 13 •Youth  Parkin’ Lot Party •Kids Festival and City Open House •Sunday, August 14 •Pickleball Tournament  Trick or Tee-ing Year in Review 2022 •Saturday, October 23 @  Mendota Heights Par  3  Community Golf Course  •6 holes of mini golf •Games •Arts and Crafts •Hot Cider  •Estimated 750 Participants City Council | Tuesday, March 21, 2023 | Page 92 of 145 3/15/2023 8 Parks & Recreation Park Improvement Projects Completed Image source: Town Square TV  Superhero  Masquerade Video Year in Review 2022 •Victoria Highlands Pitching Mound •Mendakota Dugouts •Wentworth  Hockey Rink Paving  •Friendly Hills Tennis Court Resurfacing Parks & Recreation Strategic Planning 2022 Accomplishments: •Relationship with Mendota Heights Foundation •Establish Natural Resource Commission •Prioritize Wants and Needs •Research Parks Referendum •Commit to Allocating Par 3 Expiring Funds to Parks and Rec •Community Engagement List and Meetings •Bike and Pedestrian Plan •Website Remodel •Demographics Review and Analysis •Development of Event Calendar •Establish Volunteer Program •Add Staff to Address Additional Programming Wants/Needs Image source: Town Square TV  Superhero  Masquerade Video Year in Review 2022 City Council | Tuesday, March 21, 2023 | Page 93 of 145 3/15/2023 9 Parks & Recreation 2023 Plans •Increase Summer Concerts •Maintain Existing Programming  and Events   •Hire Intern •Execute the Strategic Plan  •Promotional Videos  •Summer 2023 Offerings Image source: Town Square TV  Superhero  Masquerade Video Year in Review 2022 Par 3 City of Mendota Heights Year in Review 2022 City Council | Tuesday, March 21, 2023 | Page 94 of 145 3/15/2023 10 Par 3 Usage Review 6,000 7,935 8,424 14,283 15,618 16,246Total Rounds Sold by Year 2019, 2020, 2021 and 2022 total rounds are without Groupon sales Year in Review 2022201720182019202020212022 896 2797 2839 3213 3042 1798 1077 207 0 500 1000 1500 2000 2500 3000 3500 March April May June July August September October November Rounds Sold by Month 2020 ‐2022 2020 2021 2022 Par 3 Usage Review Year in Review 2022 City Council | Tuesday, March 21, 2023 | Page 95 of 145 3/15/2023 11 Par 3 Financial Review (Note: unofficial until audit) Year 2022 Revenue $264,361 Expenditures $220,309 Operating Surplus $44,052 Par 3 Recreational Program Review participants 44 Friday Junior League GOLF LEAGUES 55 Wednesday Junior League 227 Golf Camp + Adult Lessons 219 participants LESSONS & CAMPS 272 120 Wednesday Night Women’s  League 45 Tiger Tot  Lessons City Council | Tuesday, March 21, 2023 | Page 96 of 145 3/15/2023 12 Par 3 Special Events  Year in Review 2022 PGA Minnesota  Junior Golf ‘Sota Series Minny Tour •Took place on July 7, 2022 •Designed for youth with little or no  experience in competitive golf Par 3 2022 Events Year in Review 2022 •Junior/Adult Golf Championship: 24  •Glow Golf Tournament: 25 City Council | Tuesday, March 21, 2023 | Page 97 of 145 3/15/2023 13 Par 3 2022 Projects Year in Review 2022 New Clubhouse Furniture Par 3 Aerator Par 3 2022 End of Season Cash Balance  Year in Review 2022 •End of 2022, Par 3 Fund showed a balance of  approximately $156,000 •This does not include the purchasing of the new  aerator, which cost $26,205 (general fund) City Council | Tuesday, March 21, 2023 | Page 98 of 145 3/15/2023 14 Par 3 2023 Plans Year in Review 2022 •Re‐evaluating maintenance best practices/procedures •Updating Par  3 Asset Management Plan •Continuation of rolling CIP planning  •Increased number of events •Utilizing Par 3 Clubhouse for more community programming •New windows, carpet, patio furniture, HVAC  Par 3 2022 Awards Year in Review 2022 Minnesota Recreation and Park Association  (MRPA) Award of Excellence  Minnesota Association of Government  Communicators (MAGC) Northern Lights  Award  City Council | Tuesday, March 21, 2023 | Page 99 of 145 3/15/2023 15 Parks & Recreation Year in Review 2022 City of Mendota Heights City Council | Tuesday, March 21, 2023 | Page 100 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Technician SUBJECT: Interstate Valley Creek Stabilization and Volume Reduction Study INTRODUCTION At its regular meeting of March 21, the Council will hear a presentation from Joe Barton from the Lower Mississippi River Watershed Management Organization (LMRWMO) regarding the Interstate Valley Creek (IVC) Stabilization and Volume Reduction Study. BACKGROUND IVC has experienced substantial erosion due to increased run off since the development of the city. The City Council approved a Joint Powers Agreement (JPA) with the LMRWMO at their meeting on June 7, 2022 to study methods of stabilizing the creek as well as looking at opportunities for volume reduction. Implementing the improvements will require impacts within the park for access routes and construction of improvements. Due to size of the report it is unable to be included in the agenda packet. A link to the report can be found at: https://mendotaheightsmn.gov/DocumentCenter/View/666/Interstate-Valley-Creek-Study?bidId= BUDGET IMPACT None at this time. The City in partnership with the LMRWMO will apply for grant funding to initiate implementation of the proposed improvements. Implementation will likely be phased based on cost/benefit analysis or in conjunction with other adjacent projects. RECOMMENDATION Staff recommends Council receive the Interstate Valley Creek Stabilization and Volume Reduction report presentation from the LMRWMO. ACTION REQUIRED No Council action is required. For informational purposes only although questions and feedback on the improvements identified would be greatly appreciated. 7cCity Council | Tuesday, March 21, 2023 | Page 101 of 145 City Council | Tuesday, March 21, 2023 | Page 102 of 145 Request for City Council Action DATE: March 21, 2023 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Valley View Heights Park Playground Recommendation INTRODUCTION The City Council is asked approve a proposal from Flagship Recreation (Landscape Structures) for the replacement of the playground at Valley View Heights Park. BACKGROUND Based on its age and current condition, Valley View Heights Park playground is scheduled for replacement this year. The majority of the existing playground was built in 2006, although some pieces were existing from a prior remodel and were not replaced in 2006. A standard life expectancy for playgrounds is between 15-20 years of service. The Parks and Recreation Commission established a work group in 2022 that met with staff and developed criteria for an RFP (Request for Proposals) to solicit proposals to remodel the playground site. The Parks and Recreation Commission reviewed the RFP at their December 13, 2022 meeting and recommended approval. The City Council formally approved the RFP at their January 3, 2023 meeting. Features that were requested to be included in all proposals for reconstruction included: •Swings (Parent Child, Accessible Swing, Etc.) •Climbing feature •At least two slides •Covered canopy over the deck area •At least two vinyl coated steel benches with backs anchored in the ground within the container area •Engineered wood fiber surfacing •Covered canopy over the deck area (a bid alternate) All proposals were to include demolition and disposal of current playground equipment, any necessary sitework, container shape update, playground equipment, engineered wood fiber surfacing, and installation for the playground site. The work group requested a bright color pallet be used for the playground features. 9aCity Council | Tuesday, March 21, 2023 | Page 103 of 145 The 2023 budget included $75,000 for this project—which includes all costs associated with the project, including all demolition of existing equipment, an updated container and the addition of an entry sidewalk, surfacing, structures, delivery, installation, construction permits, taxes and service charges. The attached map outlines the updated container shape that will increase the size of the playground. Staff invited reputable playground vendors to submit responses and use their professional expertise and creativity to develop a unique play structure plan within the budget. The City received proposals from three qualified vendors. Staff notified the subcommittee of the number of proposals received and the subcommittee directed staff to conduct engagement with the residents. Staff hosted an in-person open house to solicit feedback on Thursday, March 9 at City Hall. There were 6 residents who attended this event. The results from this engagement session are provided below: • In Person Open House Playground Preference Votes: o Playground 1 (Midwest Playscapes): 5 o Playground 2 (Flagship Recreation-Landscape Structures): 1 o Playground 3 (Finnegan Playground Adventures): 0 In addition, staff posted an online survey related to the playgrounds. The survey was promoted on the City’s website, Friday News, and on Facebook. The survey results are provided below: • Online Survey Playground Preference Votes: o Playground 1 (Midwest Playscapes): 43 o Playground 2 (Flagship Recreation-Landscape Structures): 87 o Playground 3 (Finnegan Playground Adventures): 6 At their March 14 meeting, the Commission reviewed the three proposals and the results from the community engagement. Two neighbors of the park were in attendance and one resident addressed the commission praising the City for the process of selecting and replacing the playground. In addition, he asked if a toddler swing could be added to the Flagship Recreation (Landscape Structures) design, as that is a feature that is desired by the neighborhood. The Commission voted 4-0 for the City Council to approve the Flagship Recreation (Landscape Structures) proposal with the following stipulations: • Inclusion of the bid alternate (covered canopy) • Utilization of the color palette utilized in the renderings that include the bid alternate (covered canopy) • Direct staff to work with Flagship Recreation (Landscape Structures) to determine the feasibility of adding additional swings (1 toddler swing, 1 additional belt swing) Staff was in contact with Flagship Recreation (Landscape Structures) on March 15 and discussed the feasibility of adding the additional swings. Staff and the vendor agreed that when the snow melts they would meet on site to determine the feasibility of increasing the container size to add the additional swings. Staff would like to ensure that there are no constraints with increasing the container size prior to approval of the additional funding and the legal obligation to move forward with the additional equipment. Staff anticipates the additional swings to cost an approximately $7,500—which would put this project over the proposed budget. City Council | Tuesday, March 21, 2023 | Page 104 of 145 If approved on March 21, Flagship Recreation (Landscape Structures) anticipates an October, 2023 completion. Attachments: RFP Sent to Vendors Map with Updated Container Size Flagship Recreation (Landscape Structures Proposal) Commission Recommended Proposal Including Colors (Not Including Potential Additional Swings) BUDGET IMPACT Included in the FY2023 budget was $75,000 from the fund balance for this project. The Flagship Recreation (Landscape Structures) proposal cost $74,995.24. As requested, Flagship Recreation (Landscape Structures) provided a bid alternate that includes a shade structure that costs $82,332.74. If the additional swings are desired by the City Council, staff anticipates those additional features to cost an additional $7,500. A portion of this project will qualify for funding from the Special Parks Fund. ACTION RECOMMENDED The Parks and Recreation Commission recommends the City Council approve the proposal from Flagship Recreation (Landscape Structures) with the following stipulations: • Inclusion of the bid alternate (covered canopy) • Utilization of the color palette utilized in the renderings that include the bid alternate (navy, teal and red colors) • Direct staff to work with Flagship Recreation (Landscape Structures) to determine the feasibility of adding additional swings (1 toddler swing, 1 additional belt swing) ACTION REQUESTED If the City Council concurs, it should, by motion, approve the bid alternate proposal that includes shade from Flagship Recreation (Landscape Structures) that utilizes the color palette utilized in the renderings that include the bid alternate for the total project amount of $82,332.74. In addition, the City Council should direct staff to work with Flagship Recreation (Landscape Structures) to determine the feasibility of adding the additional swings. City Council | Tuesday, March 21, 2023 | Page 105 of 145 REQUEST FOR PROPOSAL VALLEY VIEW HEIGHTS PARK PLAY STRUCTURE CITY OF MENDOTA HEIGHTS 1056 Cullen Ave Mendota Heights, MN 55118 I. GENERAL INFORMATION A. OBJECTIVE The purpose of the Request for Proposal (RFP) is to obtain site plan design and quotes to include demolition and disposal of current playground equipment, any necessary sitework, an expanded container, playground equipment, engineered wood fiber surfacing and installation for the playground site at Valley View Heights Park, 1056 Cullen Ave, Mendota Heights, MN 55120. B. ISSUING OFFICE The RFP is issued by the City of Mendota Heights Parks & Recreation Department. All correspondence regarding the RFP should be addressed to: Meredith Lawrence, Mendota Heights Parks & Recreation, 1101 Victoria Curve, Mendota Heights, MN 55118. C. CONTRACT ADMINISTRATOR All communications concerning the contract should be directed to Meredith Lawrence, Parks and Recreation Manager at 651-255-1354 or mlawrence@mendotaheightsmn.gov D. INCURRING COSTS The City of Mendota Heights is not liable for any cost incurred by the prospective firms prior to the signing of the contract. E. PROPOSALS To be considered, each firm must submit a complete response to this RFP, using the format provided in Section IV. The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least ninety (90) days from the due date for this proposal. Respondents shall include 1 digital and 1 hard copy of their proposal document. F. ACCEPTANCE OF THE PROPOSAL CONTENT The contents of this proposal will become contractual obligations if a contract ensues. Failure of the selected consultant to accept these obligations may result in cancellation of the award. G. SELECTION CRITERIA Responses to this RFP will be evaluated based on the following process: 1. Staff will review the firm’s response to the RFP, including a computerized drawing of the proposed project and determine if the proposal meets all criteria for consideration. 2. The Parks and Recreation Commission’s subcommittee and staff will narrow down the complete proposals to the top three designs to be considered by the community. 3. A neighborhood meeting and community survey will be conducted so residents can review the proposed play structure options and provide feedback on a preferred plan. 4. The Parks and Recreation Commission will review the neighborhood meeting and community survey results and make a recommendation to the City Council on the desired playground for the park. 5. City staff will present the Parks and Recreation Commission’s recommendation to the City Council for a final decision. City Council | Tuesday, March 21, 2023 | Page 106 of 145 H. PROPOSAL RECEIPT Proposals must arrive at the Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118 on or before 10:00 AM Wednesday, February 22, 2023. I. RIGHT TO REJECT BIDS The City of Mendota Heights reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects, in the City’s judgment. In determination of award, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied and delivery terms will be considered. J. COST LIABILITY The city assumes no responsibility or liability for costs incurred by the firms prior to the submission of a proposal. Total liability of the City of Mendota Heights is limited to the terms and conditions of this agreement. K. OWNER The City of Mendota Heights is designated as Owner. All work shall be on public property. The contractor shall confine operations, at all times staying within the limits of the property. Any repairs or restorations required outside the property limits due to the Contractor’s carelessness shall be repaired by the Contractor at their expense. L. AWARD OF CONTRACT The City of Mendota Heights will award one contract for this entire project to a responsible bidder submitting the Quote meeting all performance and required criteria as set forth by this set of contract documents, plans and specifications. M. INSURANCE The successful respondent will be required to furnish appropriate certificates of insurance as part of the final contract negotiations. N. TAXES The contractor shall pay all sales, consumer, use and other taxes required to be paid by them in accordance with the law of the place where the work is to be performed. O. TEMPORARY ENCLOSURES, BARRICADES AND FENCES The Contractors shall provide and maintain all necessary temporary enclosures and barricades to adequately protect the work and materials from the elements and persons not involved with construction. The Contractor shall remove all temporary enclosures, barricades and fences upon completion of the work. P. PROTECTION OF EXISTING FACILITIES The Contractor shall provide for and be responsible for protection of existing pavements, utilities, fencing, etc. In general, all existing materials, surfaces, sod, etc., to remain which are affected by the work shall be repaired and restored to an original and functional condition. Q. SHIPMENT OF MATERIALS Before making any shipment of materials to the site, Contractor shall ascertain whether the site is in a condition to receive the shipment. Where this provision is neglected and material is delivered to the site when the latter is not in condition to receive it, such materials shall be properly stored City Council | Tuesday, March 21, 2023 | Page 107 of 145 elsewhere at the Contractor’s expense and adequate insurance coverage provided for off-site storage. R. STORAGE OF MATERIALS ON OR OFF-SITE 1. Contractor shall provide storage as required to protect and preserve all materials stored at the site. Materials are not to be stored directly on the ground. Storage of materials is to be confined to areas designated by the City. City will not sign for or be responsible for materials delivered to the site. 2. Equipment delivered early will not be paid in full. Full payment of structure and installation will be paid when installation is complete and a compliance audit has been received. S. WORKING HOURS Working hours shall be from 7:00am- 8:00pm on Monday-Friday and 9:00am-5:00pm on Saturday and Sundays. T. CLEANUP All work areas shall be returned to a condition equal to or better than was in existence at the beginning of the project. All construction debris, including excavated soil, shipping materials including cardboard, pallets, etc. shall be removed and disposed of in a manner satisfactory to the City. II. SELECTION PROCESS A. Staff will use the feedback from the resident groups and a recommendation from the Parks and Recreation Commission to enable the City Council to make a formal decision. B. If necessary, an interview/informational meeting may be requested by staff with potential vendors. III. SPECIFICATIONS A. Structure shall meet and comply with all current ADA Legislation and ASTM F1487 and include demolition and disposal of current playground equipment, any necessary sitework, a new container, playground equipment, engineered wood fiber surfacing and installation for the playground site. B. All equipment must meet age related design criteria suitable for 2-5-year olds and 5-12 year olds and be IPEMA certified. C. Recycled wood timber container expansion must be included to meet the design of the updated enclosure attached and match the color and style of the existing container timbers to remain. The existing container does not need to be replaced, but must have portions replaced to ensure it meets ADA requirements and safety requirements. D. Play structure quote must include the following features: a. The addition of an ADA accessible ramp and sidewalk made out of concrete b. Swings (Parent Child, Accessible Swing, Etc.) c. Climbing feature d. At least two slides City Council | Tuesday, March 21, 2023 | Page 108 of 145 e. At least two vinyl coated steel benches with backs anchored in the ground within the container area f. Engineered wood fiber surfacing g. Covered canopy over the deck area (bid alternate) i. For proposals that choose to include the bid alternate, please provide separate designs, renderings, and photos to show the playground proposal with and without the covered canopy over the deck area. E. Other amenities shall include, but not be limited to, plastic slides, climbing walls/units, ladders, play panels, transfer deck, fire pole, spinner, overhead glider, play accessories, etc. F. Wear pads must be installed below bottom of slides and swings. G. The playground container is currently 2,400 square feet. The new playground will include a container boundary of 3,000 square feet. The attached map outlines the container space available for the new playground in blue. H. Site shall have signage information provided appropriate to the structure/area. If signage includes photos of individuals, the photo must include a diverse group of users. I. All plastic and coating products must be UV and color stabilized to resist fading. J. Supplier must be able to provide a tool kit for fasteners, parts manual (both hard copy and electronic) and touch up paint kit for all structure colors. K. All parts must have a corrosion resistant finish and be capped on the top end. L. All metal decks must be manufactured from sheet steel conforming to ASTM specification A-569 and be finished with a vinyl coating. M. All connecting hardware used must be zinc plated or stainless steel, free of protrusions, vandal resistant and have a tamper proof design. Service kit for tamper proof fasteners must also be provided. N. The color pallet for the playground is requested to portray bright colors. IV. PROPOSAL A. PROPOSAL FORMAT The firm will be responsible for submitting a written proposal listing outline of equipment and cost for equipment/container/surfacing, demolition, delivery and installation. B. FEE QUOTATIONS The fee proposal not to exceed $75,000 for the project will include all costs associated with the project, including all demolition of existing equipment, new container, surfacing, structures, delivery, installation, construction permits, taxes and service charges. Each firm is requested to provide the maximum amount of play activities for that fee. C. SUBMITTAL REQUIREMENTS Each of the following items shall be considered an integral part of the Contractor’s proposal and shall be submitted to the City on or before the date and time as stated on the Proposal Form: City Council | Tuesday, March 21, 2023 | Page 109 of 145 1. One copy of a completed and signed Proposal Form. 2. List all base materials 3. List of all equipment included in the plans, with quantities. 4. One copy of a play area equipment layout drawing to scale showing layout, safety zones, accessibility, border and outside dimensions. i. For proposals that choose to include the bid alternate, please provide separate designs, renderings, and photos to show the playground proposal with and without the covered canopy over the deck area. 5. One bound notebook or plan size sheet of all components and features specific to the project. 6. One complete copy of all warranty information. 7. The contractor shall indicate all deviations from the specifications. 8. Provide a letter from the manufacturer or an independent consulting firm stating all equipment meets the current ASTM F1487 standards. 9. Installation of the entire playground must be completed by paid professional staff. Any deviation from the use of paid professional installers must be approved by the Parks and Recreation Manager. 10. Estimated timeline for construction 11. Documentation that all equipment quoted is covered by product liability insurance. D. SITE REVIEW Consultants desiring a pre-bid on-site visit should contact Meredith Lawrence at 651-255-1354 to set up an appointment to meet with staff prior to submitting a proposal. E. REGULATORY COMPLIANCE 1. All equipment provided and all areas around and between equipment must comply with most current Consumer Product Safety Commission (CPSC) guidelines and The American Society for Testing and Material (ASTM) standards. It is the responsibility of each bidder and manufacturer to be aware of these guidelines. Please list all deviations where your proposal does not comply totally and explain each in detail when submitting the proposal. Equipment that requires labor intensive measures or modifications, after installation, such as the cutting of bolts, to bring equipment into conformance with CPSC and ASTM will not be accepted. As recommended by CPSC, a project specific maintenance manual shall be provided at the end of the project. 2. The entire playgrounds must meet the current requirements of the Americans with Disabilities Act and ASTM F1487. 3. All equipment must be IPEMA certified. 4. All surfacing materials must meet current CPSC guidelines, ASTM F1951 and ASTM F1292 standards, as well as be IPEMA certified. 5. Once installation is complete on all equipment, supplier must provide a formal safety audit of the installed equipment. Audit must document that equipment meets all current standards listed above. Final ½ payment for structure, payment for base materials and installation will not be processed until after the safety audit inspection and document has been completed and delivered from a certified playground inspector. CPSI documentation must be included. 6. Supplier must invoice City for all payments. F. PROJECT PHASING The Parks and Recreation Department is challenging various playground manufacturers to use their professional expertise and creativity to develop a unique play structure. G. TENTATIVE TIMETABLE City Council | Tuesday, March 21, 2023 | Page 110 of 145 1. Proposal submittal deadline February 22, 2023 at 10:00 AM 2. Review by residents and Parks and Recreation Commission by April 11, 2023 3. Notification of contract award week of April 17, 2023 4. Delivery of playground TBD (contact Meredith Lawrence) 5. Installation of playground structure at Valley View Park must be completed by August 1, 2023 City Council | Tuesday, March 21, 2023 | Page 111 of 145 INTERSTATE 35ECULLEN AV E Th is im agery is co p yrigh ted an d licen sed by Nearm ap US In c, wh ich retain so wn ersh ip o f th e im agery. It is bein g p ro vided by Dako ta Co un ty un der th eterm s o f th at licen se. Un der th at licen se, Dako ta Co un ty is allo wed top ro vide access to th e “Offlin e Co p y Add-On fo r Go vern m en t”, o n wh ich th isim age services is based, at 6-in ch reso lutio n , six m o n th s after th e cap turedate, p ro vided th e user ackn o wledges th at th e im agery will be used in th eirn o rm al co urse o f busin ess an d m ust n o t be reso ld o r distributed fo r th e Valley View PlaygroundImprovements Date: 11/2/2022 City o fMen do taHeigh ts 0 50 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. Existin g co n tain er bo un dary (2,400 sq ft) New co n tain er bo un dary (3,000 sq ft) Add ADA accessible ram p an d sidew alk City Council | Tuesday, March 21, 2023 | Page 112 of 145 CONTACT: Emily Maloney | (651)269-2130 emily@flagshipplay.com ATTN: Meredith Lawrence, Parks & Recreation Manager| (651) 255-1354 Mendota Heights Parks & Recreation 1101 Victoria Curve, Mendota Heights, MN 55118 VALLEY VIEW HEIGHTS PARK PLAYGROUND MENDOTA HEIGHTS, MN City Council | Tuesday, March 21, 2023 | Page 113 of 145 February 22, 2023 Meredith Lawrence, Thank you for the opportunity to submit a proposal for Valley View Height Playground Replacement Project. Sawtooth Holdings (DBA Flagship Recreation) is excited to share our design and alternate design with shade with you! I will be your contact for this project with the below contact information: Emily Maloney 11123 Upper 33rd St. North Lake Elmo, MN 55042 651-269-2130 (cell) Emily@Flagshipplay.com The proposals shall remain valid for up to 90 days from the submitted date, with no price increases. Thank you, Emily Maloney City Council | Tuesday, March 21, 2023 | Page 114 of 145 City Council | Tuesday, March 21, 2023 | Page 115 of 145 City Council | Tuesday, March 21, 2023 | Page 116 of 145 City Council | Tuesday, March 21, 2023 | Page 117 of 145 City Council | Tuesday, March 21, 2023 | Page 118 of 145 City Council | Tuesday, March 21, 2023 | Page 119 of 145 EXT. 47'-3" 8'-4" 27'-11" 41'-7" 12'-5" 17'-1" 24'-11" 29'-6"Valley View Heights Park1056 Cullen AvenueMendota Heights, MN 55120SALES REPRESENTATIVE: Emily Maloney DESIGNED BY: JLT 2/16/23 1/4" = 1'-0" FLAGSHIP RECREATION 11123 UPPER 33RD ST N LAKE ELMO, MN 55082 763-550-7860 FLAGSHIPPLAY.COM @FLAGSHIPPLAY THIS PLAY AREA & PLAY EQUIPMENT IS DESIGNED FOR AGE RANGES AS NOTED ON PLAN. SHEET LS101 D:\Flagship Recreation\Flagship Recreation - Documents\2023 Planning\Emily\Mendota Heights - Valley View Heights Park\021523 PreliminaryDesign\MH_ValleyViewHeights 021523.dwgCONTAINER DETAILS TOTAL CONTAINER AREA 2998 SF ASTM SAFETY SURFACING TYPE ENGINEERED WOOD FIBER TOTAL NEW BORDER 61 LF EDGING TYPE 6" x 6" WOOD TIMBERS **SITE PREPARATION REQUIREMENTS: ·MAXIMUM OF 1% GRADE CHANGE ACROSS CONTAINER ·NO PRE-INSTALLED DRAIN TILE OUTSIDE OF 4 FEET OF PERIMETER ·DRAIN TILE STUB TO BE PROVIDED IF DRAIN TILE IS REQUIRED ·NO DRAINAGE AGGREGATE PRE-INSTALLED ·NO FABRIC PRE-INSTALLED ·MINIMUM CONTAINER SIZE NEEDED DENOTES THE INSIDE OF CURB DIMENSION City Council | Tuesday, March 21, 2023 | Page 120 of 145 PlayBooster® (5-12 years) PHASE-1 Direct Bury Aluminum QTY NO. DESCRIPTION PlayBooster® Climbers W/Permalene Handholds 1 152907A Deck Link w/Barriers Steel end panels 1 Step 1 152908C Deck Link w/Handrails Permalene infill panel 3 Steps 1 176079A Sunbeam Climber 1 145624C Vertical Ascent 64"Dk Decks 1 111228A Square Tenderdeck 1 185852A Transfer Step w/2 Handloops DB 2 111231A Triangular Tenderdeck 1 119646A Tri-Deck Extension Motion & More Fun 1 120901A Grab Bar 1 120902A Handhold Leg Lift 1 120818A Playstructure Seat Overhead Events 1 130873A Ring Pull 1 119805A Single Beam Loop Horiz Ladder 84" Posts 2 111404G 100"Alum Post DB 1 111404F 108"Alum Post DB 4 111404E 116"Alum Post DB 1 111404D 124"Alum Post DB 2 111404C 132"Alum Post DB 4 111404B 140"Alum Post DB Slides 1 123336A Double Wave Slide 48"Dk DB 1 131437A Single Wave Slide 64"Dk DB Freestanding Play Signs 1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury Site Furnishings City Council | Tuesday, March 21, 2023 | Page 121 of 145 PlayBooster® (5-12 years) PHASE-1 Direct Bury Aluminum QTY NO. DESCRIPTION 2 141683A 72" TenderTuff Bench w/Back No Armrests DB Swings 1 174018A Belt Seat ProGuard Chains for 8' Beam Height 1 237296A Friendship Swing w/Single Post Frame 52" Bury ProGuard Chains 1 177351A Molded Bucket Seat (5-12 yrs) w/Harness ProGuard Chains for 8' Beam Height 1 177345A Single Post Swing Frame 52" Bury Additional Bay 8' Beam Height Only PlayShaper® (2-5 years) PHASE-1 Direct Bury Aluminum UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2023) PlayShaper® Climbers 1 139262A Loop Arch 40"Dk DB Decks 1 153020B Curved Transfer Module 40"Dk Left DB 1 111237A Square Tenderdeck Enclosures 1 217913A DigiFuse Barrier Panel Above Deck Letters/Numbers - 000000029 Posts 4 111397C 106"Post DB Slides 1 123339A Curved Slide 40"Dk DB Freestanding Play Motion & More Fun 1 152179A Saddle Spinner DB 12"Height City Council | Tuesday, March 21, 2023 | Page 122 of 145 PlayShaper® (2-5 years) PHASE-1 Direct Bury Aluminum UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2023) Signs 1 182503A Welcome Sign (LSI Provided) Ages 2-5 years Direct Bury City Council | Tuesday, March 21, 2023 | Page 123 of 145 2/16/2023 Preliminary Budget QTY Notes Play Equipment Valley View Heights Park,EM706 47,430.00 2023 List Price of Equipment Discount (4,743.00)10%MDF Sales Tax - if applicable 0.00 ST3 Certificate of Exemption must be provided by owner. Delivery of Play equipment 750.00 Estimated / Final quote will be provided upon final design. Mobilization 750.00 Dumpster(s) - 30 Yard 750.00 Disposal of packaging material Site work Excavation (new container) 769.23 600 Estimated. Final quote will be provided upon finalizing container details Demo/Disposal of Equipment & Excavation (existing container) 5,384.62 2,400 Estimated. Removal/disposal of existing equipment and excavation of exisiting surfacing Hauling of Excavated Material (CY)2,578.87 112 Trucking costs to remove material from the project location to the disposal site. Disposal of Excavated Material (CY)646.15 112 Cost to dispose of material at approved site. Border Options 6x6 wood timbers (LF) (purchased in 8' lengths)2,651.54 122 Equipment Installation (Labor & Concrete for Footings)9,827.50 23.02%Full professional installation by Landscape Structures Certified Installers. Standard labor rate unless otherwise noted Concrete Flatwork Concrete Flatwork (Sq. Ft.)2,421.41 187 4" thick concrete, assumes ADA accessible slope can be accomplished with existing grade. Snow too deep to field verify. Subgrade Prep & Engineered Wood Fiber Surfacing (EWF) EWF - Playground Safety Surfacing (CY)4,544.44 102 IPEMA Certified Playground Surfacing - Meets the standards of ASTM, ADA & CPSC Rubber Wear Mats 1,234.48 9 Rubber Wear Mat. Includes wear pad and delivery Budget Total Total w/ Additions & Reductions 74,995.24 74,995.24 PRELIMINARY BUDGET - THIS IS AN ESTIMATE & NOT A FORMAL QUOTE City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Meredith Lawerence, Parks and Recreation Manager City Council | Tuesday, March 21, 2023 | Page 124 of 145 City Council | Tuesday, March 21, 2023 | Page 125 of 145 City Council | Tuesday, March 21, 2023 | Page 126 of 145 City Council | Tuesday, March 21, 2023 | Page 127 of 145 EXT. 47'-3" 8'-4" 27'-11" 41'-7" 12'-5" 17'-1" 24'-11" 29'-6"Valley View Heights ParkWITH SHADE1056 Cullen AvenueMendota Heights, MN 55120SALES REPRESENTATIVE: Emily Maloney DESIGNED BY: JLT 2/16/23 1/4" = 1'-0" FLAGSHIP RECREATION 11123 UPPER 33RD ST N LAKE ELMO, MN 55082 763-550-7860 FLAGSHIPPLAY.COM @FLAGSHIPPLAY THIS PLAY AREA & PLAY EQUIPMENT IS DESIGNED FOR AGE RANGES AS NOTED ON PLAN. SHEET LS101 D:\Flagship Recreation\Flagship Recreation - Documents\2023 Planning\Emily\Mendota Heights - Valley View Heights Park\021523 Preliminary Design\ShadeAlternate\MH_ValleyViewHeights 021523 Shade.dwgCONTAINER DETAILS TOTAL CONTAINER AREA 2998 SF ASTM SAFETY SURFACING TYPE ENGINEERED WOOD FIBER TOTAL NEW BORDER 61 LF EDGING TYPE 6" x 6" WOOD TIMBERS **SITE PREPARATION REQUIREMENTS: ·MAXIMUM OF 1% GRADE CHANGE ACROSS CONTAINER ·NO PRE-INSTALLED DRAIN TILE OUTSIDE OF 4 FEET OF PERIMETER ·DRAIN TILE STUB TO BE PROVIDED IF DRAIN TILE IS REQUIRED ·NO DRAINAGE AGGREGATE PRE-INSTALLED ·NO FABRIC PRE-INSTALLED ·MINIMUM CONTAINER SIZE NEEDED DENOTES THE INSIDE OF CURB DIMENSION City Council | Tuesday, March 21, 2023 | Page 128 of 145 2/16/2023 Preliminary Budget WITH SHADE OPTION QTY Notes Play Equipment Valley View Heights Park,EM706 53,855.00 2023 List Price of Equipment Discount (5,385.50)10%MDF Sales Tax - if applicable 0.00 ST3 Certificate of Exemption must be provided by owner. Delivery of Play equipment 750.00 Estimated / Final quote will be provided upon final design. Mobilization 750.00 Dumpster(s) - 30 Yard 750.00 Disposal of packaging material Site work Excavation (new container) 769.23 600 Estimated. Final quote will be provided upon finalizing container details Demo/Disposal of Equipment & Excavation (existing container) 5,384.62 2,400 Estimated. Removal/disposal of existing equipment and excavation of exisiting surfacing Hauling of Excavated Material (CY)2,578.87 112 Trucking costs to remove material from the project location to the disposal site. Disposal of Excavated Material (CY)646.15 112 Cost to dispose of material at approved site. Border Options 6x6 wood timbers (LF) (purchased in 8' lengths)2,651.54 122 Equipment Installation (Labor & Concrete for Footings)11,382.50 23.48%Full professional installation by Landscape Structures Certified Installers. Standard labor rate unless otherwise noted Concrete Flatwork Concrete Flatwork (Sq. Ft.)2,421.41 187 4" thick concrete, assumes ADA accessible slope can be accomplished with existing grade. Snow too deep to field verify. Subgrade Prep & Engineered Wood Fiber Surfacing (EWF) EWF - Playground Safety Surfacing (CY)4,544.44 102 IPEMA Certified Playground Surfacing - Meets the standards of ASTM, ADA & CPSC Rubber Wear Mats 1,234.48 9 Rubber Wear Mat. Includes wear pad and delivery Budget Total Total w/ Additions & Reductions 82,332.74 82,332.74 PRELIMINARY BUDGET - THIS IS AN ESTIMATE & NOT A FORMAL QUOTE City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Meredith Lawerence, Parks and Recreation Manager PLAY DESIGN WITH SHADE ALTERNATE City Council | Tuesday, March 21, 2023 | Page 129 of 145 BASE MATERIALS Recycled and recyclable: heavy- duty aluminum and galvanized steel. PlayBooster posts and clamps set the gold standard for quality and durability. This original round post-and-clamp system features 5"-diameter posts made from galvanized steel or recycled aluminum. Die-cast aluminum top caps are secured with three drive rivets, so they won't rock or loosen, and they effectively keep water from entering posts. Bottom caps increase footing area, preventing the post from sinking or settling during installation. Our aluminum die-cast half-clamp features 360 degrees of compression for a more secure fit to posts. An aluminum drive rivet adds shear strength for load-bearing clamps, Posts and clamps feature a ProShield® finish for optimum UV stability, gloss retention and a rugged, long-lasting finish. Made to last for decades for true sustainability. Steel Deck & Coated with TenderTuff™ The heaviest steel decks for long-lasting safety. All Landscape Structures decks are formed from 12-gauge (.105") steel- the thickest in the industry. They're flange formed to create safe, rounded corners, and reinforced with .105" x 2" ribs welded on cross for superior strength and a consistently flat surface. Decks are flush mounted to the outside of posts, creating more play space and reducing awkward spaces where toes or hands could get caught. They're perforated with 5/16" -diameter holes that provide drainage but won't trap small fingers, and they're TenderTuff™ -coated for a comfortable play space year-round. City Council | Tuesday, March 21, 2023 | Page 130 of 145 BASE MATERIALS Hardware packs for less waste, faster installation. All our bolts, flange nuts and screws are vandal resistant to keep your playground safe from unwanted tampering. While other manufacturers ship a box of mixed bolts, we package each set of hardware individually, per component. Equipment assembly diagrams are included to make installation easier and error free, and help make community-build projects faster and more efficient. TenderTuff coating protects small hands, feet and knees for healthier, safer kids. We protect tender hands from the temperature extremes of bare metal with our proprietary TenderTuff surface coating. You’ll find it on most everything children may touch. Our exclusive TenderTuff coating acts as a temperature moderator, insulating little hands from heat and cold, and providing a softer, grippier surface. Even better, we utilize new production techniques that save water and energy during the manufacturing of this great coating! TenderTuff meets all safety standards and complies with Public Law No. 110-314, Consumer Product Safety Improvement Act of 2008. City Council | Tuesday, March 21, 2023 | Page 131 of 145 BASE MATERIALS Durable, easy-to-grasp handgrips and footholds made of low-density, UV-stable polyester resin. Large enough to ensure secure grips, feels just like the climbing gym. Galvanized Steel We only use galvanized steel for maximum durability. All galvanized steel parts are ProShield® finished for optimum corrosion resistance, UV stability and gloss retention. Sliding footers for safe and healthy kids. Sliding footers help ensure slides don't pull away from decks, warp or crack due to normal expansion and contraction. The result: They help eliminate gaps that can potentially entangle children's clothing. Bolting slides directly to the ground may be less expensive, but it's not as safe or long lasting. We are the only playground equipment manufacturer to use sliding footers at the bottom of our slides. City Council | Tuesday, March 21, 2023 | Page 132 of 145 BASE MATERIALS The heavy-duty rotationally molded polyethylene material ensures strength and durability while resisting cracking, fading and peeling. Components constructed of durable double-walled polyethylene have built- in safety and are easy to install. Slide hoods help kids slide smart and stay safe. Slides are fun when they're used the right way. With intuitively placed, built-in handbars, children transition into a safe, seated position at the top of the slide. The materials used in these durable hoods are completely recyclable. ProShield® finish is a smart combination of beauty and brawn. Our ProShield finish is so tough, it substantially increases the durability of our products. We’ve combined a specially formulated primer with a high-quality, architectural-grade powdercoat topcoat. The result is enhanced longevity, greater protection against harsh UV rays, prevention from corrosion and improved product performance. You'll first notice the vibrant, long-lasting color and glossier finish.You'll appreciate the fact that something so attractive also reduces corrosion and chipping, requiring less maintenance. It’s available in all the great colors you’ve come to love. And we reclaim our epoxy primer within the process, eliminating waste powder. City Council | Tuesday, March 21, 2023 | Page 133 of 145 TenderTuff™ Bench The TenderTuff™-Coated Bench is easy on arms, legs, knees and elbows! TenderTuff™ coating stays cooler in summer, warmer in winter. Difference you can see! ProGuard™ is a new super-resistant finish now applied standard to all Landscape Structures swing chain that’s at least two times more corrosion resistant than galvanized steel chain. BASE MATERIALS City Council | Tuesday, March 21, 2023 | Page 134 of 145 CONSTRUCTION MANAGER Experience: *25+ years of Project Management and Forecasting *Flagship Recreation since 2018 SALES & PROJECT MANAGER Education: *University of Minnesota; Bachelor of Civil Engineering (EIT) 2006 *Hamline University; Master of Business Administration 2011 Experience: *Over 16 Years of Design & Engineering experience DESIGNER Education: *University of Minnesota-Twin Cities; Masters of Landscape Architecture 2017 Experience: *Over 5 years of background in landscape design, park planning, special education and natural play designs. EMILY MALONEY, CPSI JAQUI THUNBERG, CPSI LEAD DESIGNER Education: *University of Minnesota – Twin Cities; Bachelor of Design in Architecture 2013 Experience: *Flagship Recreation since 2015 MIKE RAYMOND, CPSIALEXANDRA OLSON OUR PROJECT TEAM WHO WE ARE City Council | Tuesday, March 21, 2023 | Page 135 of 145 ANTICIPATED SCHEDULE TIMELINE February 22, 2023 10 A.M. - Proposal Submission Due Date April 11, 2023 - Review by residents and Parks and Recreation Commission April 17, 2023 - Play Design Professional Selection April 17, 2023 - Signed Equipment Order • Orders placed by April 2023 are anticipated to have a 6 month lead time for manufacturing October, 2023 - Construction Phase •Equipment Delivery •Equipment Installation •Surfacing Installation •Project punch list completion •Full playground audit City Council | Tuesday, March 21, 2023 | Page 136 of 145 APPENDIX A City Council | Tuesday, March 21, 2023 | Page 137 of 145 Signed: President Date:01/01/2023 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects, on polycarbonate panels against defects in materials or manufacturing defects, and on bamboo panels against delamination due to defects in materials or manufacturing defects. Does not cover damage which may be associated with the natural characteristics of bamboo aging, including but not limited to discoloration, splitting, cracking, warping or twisting, nor the formation of algae, mold and other forms of fungal-type bodies on bamboo. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun® gliders, belting material, HealthBeat® resistance mechanisms, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the playstructures and/or equipment are erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. 2023 Play Equipment Warranty You have our word. City Council | Tuesday, March 21, 2023 | Page 138 of 145 Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of CPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. Please contact your Landscape Structures playground consultant for the shipping address. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #321248 ©2023 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2142 City Council | Tuesday, March 21, 2023 | Page 139 of 145 Signed:Date:01/01/2023 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 20-Year Limited Warranty On all SkyWays® and CoolToppers® steel components against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On SkyWays® and CoolToppers® fabric and thread against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. This warranty is limited to the design loads as stated in the manual, and applies to standard colors only. 3-Year Limited Warranty On all other parts, including Rapid Release®, against failure due to corrosion/natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the equipment is erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. Maintenance is particularly critical in regions where dirt and/or sand may cause abrasion of the fabric. This warranty is void if conditions exceed local building codes. 2023 SkyWays® and CoolToppers® Shade Warranty You have our word. President City Council | Tuesday, March 21, 2023 | Page 140 of 145 Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of CPSI-certified designers, along with 2-D and 3-D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. Please contact your Landscape Structures playground consultant for the shipping address. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #321249 ©2023 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2143 City Council | Tuesday, March 21, 2023 | Page 141 of 145 City Council | Tuesday, March 21, 2023 | Page 142 of 145 COMMISSION RECOMMENDED PROPOSAL INCLUDING COLORS (NOT INCLUDING POTENTIAL ADDITIONAL SWINGS) City Council | Tuesday, March 21, 2023 | Page 143 of 145 City Council | Tuesday, March 21, 2023 | Page 144 of 145 City Council | Tuesday, March 21, 2023 | Page 145 of 145