2024-02-20 City Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL MEETING AGENDA
February 20, 2024 7:00PM
Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.APPROVAL OF THE AGENDA
The Council, upon majority vote of its members, may make additions or deletions to the agenda. Theseitems may be submitted after the agenda preparation deadline.
5.PUBLIC COMMENTS- for items not on the agenda
Public comments provide an opportunity to address the City Council on items which are not on the meeting
agenda. All are welcome to speak. Individuals should address their comments to the City Council as awhole, not individual members. Speakers are requested to come to the podium and must state their name
and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor andCouncil may ask clarifying questions as needed or request staff to follow up.
6.CONSENT AGENDA
Items on the consent agenda are approved by one motion of the City Council. If a councilmember requestsadditional information or wants to make a comment on an item, the item will be removed from the consent
agenda and considered separately. Items removed from consent agenda will be taken up as the next orderof business.
a.Approve Minutes from the February 6, 2024 City Council Meeting
b.Approve Minutes from the February 6, 2024 Special City Council Meetingc.Acknowledge Minutes from the January 16, 2024 Parks and Recreation Meeting
d.Authorize Purchase of Agenda Management and Website Accessibility Software
e.Approve Public Works Superintendent Out of State Travel Request
f.Accept Bids and Award Contract for the 2024 Street Sweepingg.Authorize 2023 Audit Services with BerganKDV
Next Meeting
March 6, 2024 7:00PM
Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov
Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at TownSquare.TV/Webstreaming
h.Authorize Purchase Order for Covered Dugouts, Additional Fencing & Concrete Work at Marie
Parki.Approve Soil Boring Quotation for the Bridgeview Shores Street Improvements
j.Acknowledge the November and December Par 3 Financial Reports
k.Approve December 2023 Treasurer’s Report
l.Approve Temporary Liquor License for Beth Jacob Congregationm.Approve Claims List
7.PRESENTATIONS
a.Police Officer Swearing In/Oath of Officeb.Citizen and Officer Award of Merit
8.PUBLIC HEARINGS
9.NEW AND UNFINISHED BUSINESS
a.Request for Portable Pitching Mounds
10.COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS
11.CITY COUNCIL COMMENTS
12.ADJOURN
CITY OF MENDOTA HEIGHTS DAKOTA COUNTY
STATE OF MINNESOTA
DRAFT Minutes of the Regular Meeting Held Tuesday, February 6, 2024
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Mazzitello, and Miller were also present. Councilor Paper was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda.
Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0
PUBLIC COMMENTS
No one from the public wished to be heard.
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented.
a.Approval of January 23, 2024 City Council Minutes
b. Approval of January 23, 2024 Council Work Session Minutes
c.Acknowledge December 20, 2023 Planning Commission Meeting Minutesd. Acknowledge November 15, 2023 Airport Relations Commission Meeting Minutese.Approve Field Renovation Work at Marie Parkf.Authorize Fire Department Out of Metro Travel Request
g.Authorize Purchase of Fire Department Turn-Out Gear
h.Approve Administrative Coordinator/Deputy City Clerk Hire and Authorize Posting for OfficeSupport Assistancei.Approval of Claims List
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February 6, 2024 Mendota Heights City Council Page 2 of 3
Councilor Mazzitello seconded the motion.
Ayes: 4
Nays: 0
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS A)APPROVE RESOLUTION 2024-07 FOR A CONDITIONAL USE PERMIT AT 1415 MENDOTAHEIGHTS ROAD (PLANNING CASE 2023-28)
Community Development Manager Sarah Madden explained that the Council was being asked to approve
Resolution 2024-07 approving a Conditional Use Permit (CUP) to allow outdoor commercial recreation at The Heights Racquet and Social Club located at 1415 Mendota Heights Road.
Mayor Levine commented that the questions of the Council were answered at the Planning Commission
meetings.
Councilor Mazzitello moved to approve RESOLUTION NO. 2024-07 APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR COMMERCIAL RECREATION USE IN THE I-INDUSTRIAL DISTRICT LOCATED AT 1415 MENDOTA HEIGHTS ROAD (PLANNING CASE 2023-28) AS
SUBSTITUTED AND PROVIDED TO THE COUNCIL TONIGHT.
Councilor Miller seconded the motion.
Further discussion: Councilor Miller commented that he loves this idea and thinking out of the box as to how this area of the city can be revitalized. He stated that he looks forward to more people coming in
with ideas on how to revitalize that area.
Ayes: 4 Nays: 0
COMMUNITY ANNOUNCEMENTS
City Administrator Cheryl Jacobson announced upcoming community events and activities.
COUNCIL COMMENTS
Councilor Lorberbaum complimented the Parks and Rec Department on the amazing offerings for the Frozen Fun Fest. She thanked the Master Gardeners, noting that she has learned a lot from them. She referenced the list of rules for the medallion hunt and read a few aloud.
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February 6, 2024 Mendota Heights City Council Page 3 of 3
Councilor Miller commented on the warmer temperatures and encouraged residents to get out and enjoy
it. He commented that ticks are already out and encouraged residents to check themselves for ticks.
Councilor Mazzitello commented that the medallion hunt is a lot of fun and encouraged residents to participate and leave things as they found them. He welcomed residents to attend the next Coffee with the Council session. He commented that February is Black History Month and read a quote aloud from
Booker T. Washington.
Mayor Levine commented that she receives correspondence from residents in the city which she appreciates and shared one aloud that recognizes the assistance provided by Public Safety.
ADJOURN
Councilor Mazzitello moved to adjourn. Councilor Lorberbaum seconded the motion. Ayes: 4
Nays: 0
Mayor Levine adjourned the meeting at 7:21 p.m.
____________________________________
Stephanie B. Levine Mayor ATTEST:
_______________________________
Nancy Bauer City Clerk
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Special Meeting
Held Tuesday, February 6, 2024
Pursuant to due call and notice thereof, a special meeting of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 7:30 p.m. Councilmembers Lorberbaum, Mazzitello,
and Miller were also present. Councilmember Paper was absent.
Also, in attendance were City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, City Clerk Nancy Bauer, and City Attorney Amy Schmidt.
PURCHASE OFFER CONSIDERATION
Mayor Levine stated that pursuant to Minnesota Statutes §13D.05, subd. 3(c)(1), (2), and (3), the City Council would be going into a closed session to review appraisal data and to develop or
consider offers or counter offers for the sale of city-owned property located at Lakeview Avenue and Lemay Lake Rd., PID 27-28400-05-090.
During the closed meeting, the City Council received information from City Staff and the City Attorney regarding the offer received by the City. The City Council also discussed the appraisals
that were submitted for the property, and considered possible responses to the appraisals. At the conclusion of the deliberations, the City Council directed City Staff to proceed as discussed by the City Council.
ADJOURNMENT
Motion by Councilmember Mazzitello, seconded by Councilor Miller to adjourn the meeting at 8:26 p.m. Motion carried 4-0.
Stephanie B. Levine, Mayor ATTEST:
Nancy Bauer, City Clerk
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CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION MEETING MINUTES
JANUARY 16, 2024
The January meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 16, 2024, at Mendota Heights City Hall, 1101 Victoria Curve.
1. Call to Order – Chair Jaffrey Blanks called the meeting to order at 6:30 p.m.
2. Roll Call – The following Commissioners were present: Chair Jaffrey Blanks,Commissioners: Tica Hanson, Stephanie Meyer, Michelle Muller, Jo Schifsky, Dan Sherer,Michael Toth, and Student Representative Meg Murphy. Absent: None. Staff present: Parksand Recreation Manager Meredith Lawrence and Public Works Director Ryan Ruzek.
3. Pledge of AllegianceThe Pledge of Allegiance was recited.
4.Approval of Agenda
Motion Meyer/second Schifsky to approve the agenda AYES 7: NAYS 0
5.a Approval of Minutes from December 12, 2023 Work Session Meeting
Motion Meyer/second Hanson to approve the minutes of the December 12, 2023 Parks andRecreation Commission Work Session Meeting. AYES 7: NAYS 0
5.b Approval of Minutes from December 12, 2023 Regular MeetingMotion Meyer/second Muller to approve the minutes of the December 12, 2023 Parks and
Recreation Commission Regular Meeting. AYES 7: NAYS 0
6.Citizen Comment Period (for items not on the agenda)None.
7.Acknowledgement of ReportsChair Blanks read the titles of the three updates (Par 3, Recreation, and Park ImprovementUpdates) and polled the Commissioners for questions.
7.a Par 3 UpdateParks and Recreation Manager Meredith Lawrence briefly reviewed winter activities in
preparation for the 2024 season. She stated that the capital projects were listed in the packetand will be reviewed in more detail once the final 2023 year report is complete to determine howthose could be funded. She stated that the September and October financial reports wereincluded in the packet and provided a summary. She stated that the Commission previouslymade a recommendation on the fees for the course which will be brought forward to the Councilto consider for implementation in the 2024 season.
Commissioner Sherer asked the earliest the course has opened in the past.
Ms. Lawrence commented that she is unsure of the exact date, but does recall a March opening in a previous year.
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Commissioner Sherer asked for an update on the golf carts and leases.
Ms. Lawrence replied that the City does lease the golf carts, currently a total of six carts. She commented that the carts are leased on an annual basis, and they would continue to lease.
Commissioner Toth asked when the last fee increase occurred for the course.
Ms. Lawrence replied that there was a $1 increase in 2023, which was the first increase since 2018. She stated that the Commission recommended a $1 increase in 2024, along with an increase for the cart rental fee, as that cost to the City is increasing.
Commissioner Hanson commented that she spoke with residents that have been playing cribbage at the clubhouse on Wednesdays. She asked if the four tables is the maximum capacity or whether additional tables could be provided.
Ms. Lawrence replied that the clubhouse currently has four tables with 20 chairs. She stated
that the maximum number attending thus far has been 16. She stated that they could bring in additional temporary tables for cribbage if that is needed, but they still want to be mindful to have clear pathways for moving around safely.
7.b Recreation UpdateParks and Recreation Manager Meredith Lawrence reviewed the recreation update highlighting
current and upcoming programing opportunities. She also provided an overview of the eventsplanned as part of the Frozen Fun Fest. She noted that summer programming registration willopen on February 27th. She confirmed that there are opportunities to volunteer for Frozen Fun
Fest.
Commissioner Hanson stated that perhaps it would be helpful for the Commission members to have nametags for events.
Ms. Lawrence confirmed that staff could order nametags if that is desired. She noted that Chair Blanks had previously expressed interest in getting t-shirts, but agreed that nametags would be the easiest to move forward with. She confirmed the consensus of the Commission to make nametags for the Commission.
7.c Parks Improvement Update
Parks and Recreation Manager Meredith Lawrence stated that the improvement update wasprovided in the packet noting two projects continuing from 2023 with spring completion. Shealso provided an update on the upcoming projects. She stated that they began rink flooding on
January 2nd and may be able to open rinks and warming houses the following day. Shecommended the seasonal staff for their efforts to get the rinks open during this challengingseason and now cold weather. She stated that updates will be posted on the City website and
Facebook page as well as weather hotline.
Commissioner Schifsky asked if the concrete touch ups were completed at Roger’s Lake Park.
Ms. Lawrence confirmed that the concrete work was completed, and the equipment would be installed this spring.
Commissioner Hanson asked for an update on excavation at Marie Park.
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Public Works Director Ryan Ruzek stated that there was a pause in excavation the previous week because of the sloppy conditions but they have started again with the colder weather and
hoped that hauling would wrap up this week.
Commissioner Sherer asked if the parking lot would be accessible when the rink opens.
Mr. Ruzek commented that the contractor can block off the parking lot during business hours and during that time skaters would park on the road.
Commissioner Sherer asked if the cracks would be sealed for the pickleball courts before the surface is redone.
Ms. Lawrence commented that staff did meet with the contractors on site to ensure that the cracks and issues would be addressed before applying the acrylic surfacing. She commented that there is more maintenance needed for pickleball courts that are used as hockey rinks as well because of the thick sheet of ice and melt that occurs.
Commissioner Sherer commented that he was disappointed to see the Council approve the fiber project for Mendakota, as he ranked that project the lowest on the priority list. He believed
that to be an unnecessary project given the other needs for the park.
Commissioner Muller asked for more information on the Mendakota fiber project, as she
believed that some Commissioners supported the project because of the public Wi-Fi element which is not going to be provided.
Ms. Lawrence reviewed the details of the proposed project noting the efficiency that it would provide for staff, ease of access for those operating concessions, and enhanced public safety. She confirmed that this does not include public Wi-Fi access, but that is something that could be discussed for the future. She stated that if that is a desire, the City would need to have a public Wi-Fi policy in place. She noted that the City has been behind in technology within the parks system, and this is an opportunity to move forward and explore additional opportunities.
Chair Blanks asked how the cameras would be funded.
Ms. Lawrence replied that the cameras would be funded through the special parks fund.
Commissioner Muller asked why Mendakota was an easier location than the Par 3.
Ms. Lawrence explained that the cost was much less because the City is pulling much less fiber
for that location because of the existence at the Fire Station. She noted that it would be a much further distance to pull to the Par 3. She stated that they do still desire to bring a similar fiber project forward in the future for the Par 3.
Commissioner Sherer asked for details on the City’s data associated with this and whether the current system will support this and archive video footage. He asked who would have access to the camera footage.
Ms. Lawerence replied that the cameras would be added to the current City network that is supervised by the Police Department and hosted by LOGIS. She stated that there would be no additional cost to add the cameras to the existing system. She noted that certain approved staff
members would have access to camera footage but requests for previous footage would be
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submitted through the Police Department. She reviewed the cost for the fiber project, noting that did not include the cameras as that will come forward as a separate request before the
Council. She noted that the project was ranked as the second highest priority for the Commission in 2024, which is why quotes were obtained and it moved forward.
Commissioner Muller commented that when public Wi-Fi was dropped, that completely changes her priority although she agrees that the proposed use would be a great use of the fiber.
Mr. Ruzek commented that the fiber would be set up to handle public Wi-Fi in the future if that is added.
Commissioner Toth commented that this will provide efficiency for staff that will allow them to focus on other tasks.
Commissioner Meyer asked and received confirmation that if public Wi-Fi is recommended, that would be discussed by the Commission.
Chair Blanks asked why the cameras would not be a shared cost as the Police would have benefit as well.
Ms. Lawrence commented that cost was not allocated in the Police budget and staff believed that was an appropriate use of special parks funds.
8.New Business
8.a Park System Master Plan UpdateParks and Recreation Manager Meredith Lawrence thanked Commissioners Schifsky, Meyerand Chair Blanks for their work on the subcommittee. She explained the benefits that a parksystem master plan provides and noted that the subcommittee reviewed master plans fromother communities to determine what should be included in the RFP. She stated that theCommission reviewed the RFP, as did the Council, and the RFP was released with no changes.She stated that four proposals were received from six consultants, noting that two consultantschose to work together on a proposal. She stated that all four proposers were interviewed, and
the consensus was that the Confluence/PROS proposal was the top choice. She stated that$75,000 was budgeted for this master plan. She noted that the base bid from that consultanthad a price of $76,745 with optional bid alternates. She stated that staff and the subcommittee
felt that there would be value in adding the financial and equity analysis which would bring thetotal to $85,970. She stated that the Council approved the base bid with the two alternates andwork will soon begin. She stated that this is a large-scale project for the City and staff will
provide monthly updates to the Commission. She again thanked the members that served onthe subcommittee, recognizing the time they dedicated to this process.
Commissioner Toth commented that this is a great project that he supports but this is another item that comes in over budget. He asked how the $75,000 estimate was developed. He commented that there has been a recent trend in going over budget for projects, using the example of the skate park.
Ms. Lawrence stated that staff provides a budget estimate and explained how that is estimated. She stated that often the projects are tough to estimate as each city asks for different elements within a project and therefore it cannot be an equal comparison. She stated that it is difficult to
estimate what contractors will bid in this market, as some contractors need work while others do
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not. She noted that the two pickleball projects came in under budget. She stated that they asked for a lot within the Park System Master Plan RFP and all of the proposals included bid
alternates that would have put the project above $75,000. She stated that they could have cut elements from the proposal to come in under $75,000 but felt that all the elements were imperative, noting that the financial and equity elements are important for this community.
Chair Blanks noted that they are also working with dated information as the comparison information from other cities are from the time, they completed the plan and costs continue to rise each year.
Commissioner Sherer recognized that all the proposals were above the budgeted amount and therefore that would show that the cost is reasonable for this scope of work. He agreed that the intent is to get the most out of the special parks dollars that they can and therefore the financial information will be important.
Chair Blanks noted that the timeline is also different than anticipated.
Ms. Lawrence noted that the first project meeting will occur in the next two weeks and the hope would be for completion in November/December, while preliminary data will be provided by May
to assist with budget recommendations for 2025.
Chair Blanks noted that a lot of data will be collected during the summer months, which delayed
the desired timeline.
Commissioner Sherer commented on the master plans for airports, which are updated every 10 years and have a cost of about $400,000.
Chair Blanks commented that the hope is that this planning would support decisions that are needed for future planning for the parks.
Commissioner Hanson asked if the financial sustainability analysis would provide recommendations on potential funding sources for the future.
Ms. Lawrence commented that staff hopes to have a better analysis for what would be needed to maintain the park system in the future. She stated that the Council is looking at options for alternative funding park improvements in the future.
Commissioner Sherer asked how often the Comprehensive Plan is updated and the cost for that.
Mr. Ruzek noted that the Comprehensive Plan is updated every ten years and estimated that the last update had a cost of about $150,000. He noted that the Surface Water Management Plan is also updated every 10 years, estimating that cost at about $100,000. He noted that this plan would fall on the cheaper end for City plans.
Commissioner Muller asked for additional information on the first task.
Ms. Lawrence replied that they will review the current facilities and determine whether the capital management plan is adequate to address those needs. She stated that they will then look at the park spaces, trends, and demographics to address gaps and needs within the
system.
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Commissioner Muller asked how closely they would look at the needs of the community as a whole, such as the Police Department needing more space.
Ms. Lawrence commented that this will focus on parks and noted that a separate analysis is being done for Police and City Hall. She stated that they will compare the results of both
studies to determine if there are opportunities to work together.
9.Unfinished Business
9.a Parks and Recreation 2024 Work Plan ApprovalParks and Recreation Manager Meredith Lawrence stated that the 2024 work plan was includedin the packet, based off the discussion at the December worksession. She reviewed theproposed action items and those that would be tasked with each item.
Commissioner Meyer commented that if the consultant has guidance for community outreach, that would be helpful and then members of the Commission could begin to implement some of
those strategies and gain input from different community events during these winter months.
Commissioner Schifsky asked how they would go about coordinating.
Ms. Lawrence replied that would be up to the Commission, although she can help to facilitate a sign-up sheet and provide materials. She stated that the consultant will be meeting with some
stakeholders, but the Commission will need to meet with different user groups as well.
Commissioner Muller commented that there was a time where the Commission volunteered to get out and attend different events to gain input from community groups. She stated that it would also be helpful to have at least one member of the Commission present at a parks event to represent the group.
Chair Blanks commented that it would be helpful to have the nametags to start as those would be helpful with this type of event as well.
Commissioner Muller commented that t-shirts would also be helpful and would not have to be
complicated, but just something that identifies the Commission member.
Ms. Lawrence commented that she can develop a document that can be used for signups.
Commissioner Muller commented that she believes that the sponsorship and donation policy should be broken into parts. She commented that sponsoring events is different than donating
for a park bench or other items.
Ms. Lawrence stated that there was direction from the Council that they are not interested in banner sponsorships in the parks but would support sponsorship of park programs and events as well as sponsorship of Par 3 hole signs. She stated that the Council does support a donation policy which would encompass the park benches, as well as other items such as trees or neighborhoods that may want to contribute to a larger playground in their neighborhood park. She stated that there would also be an overall general donation policy and use of funds. She confirmed that there would be separate policies although they are grouped into one action item.
The Commission unanimously adopted the 2024 Work Plan.
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10.Staff Announcements
Parks and Recreation Manager Meredith Lawrence shared the following announcements:
•February will be the annual organization meeting and a Commissioner training will alsooccur.
•Updates on warming houses and rinks will be posted on the City website.
•Seasonal employment opportunities will be posted on the City website.
•Other events can be found on the City’s website.
11. Student Representative Update
Student Representative Murphy commented that she was glad to see the increase in attendance for Tour de Rec and looked forward to checking out the upcoming winter events.
12. Commission Comments and Park Updates
Commissioner Sherer
•Not much activity at Civic Center in the winter
•Hagstrom King continued to have a lot of activity most evenings until the snow and coldtemps started
•He stressed that the Commission will remain the experts, even though a consultant hasbeen brought in to assist in the master planning process
•He looked forward to the plan that the consultant will develop and how the Commissioncan use that information
Commissioner Toth
•There has been cold weather and he looked forward to seeing people out on RogersLake, urging them to test the ice before going out
Commissioner Muller
•It is always a different experience to see the parks once the leaves drop
•Thanks to those participating in the master plan subcommittee as she believes the add-ons will provide great value
Chair Blanks
•The parks have been busy before the cold weather set in
•A resident requested a light near the compost bins at Mendakota
Commissioner Schifsky
•Enjoyed being a part of the master plan subcommittee and looks forward to the work
ahead
•Excited that the rinks are getting flooded and they will be able to use the new Wentworth
warming house
Commissioner Hanson
•Spoke with pickleball residents and educated them to not use shovels or chemicals onthe courts
•Residents are enjoying the cribbage at the clubhouse
•She will be out of state in February and therefore will not be at the next meeting
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Commissioner Meyer
•Happy to see the master plan process move forward
•Thanked City staff for their efforts during the winter months
13.AdjournMotion Meyer/Second Muller to adjourn the meeting at 8:08 PM
AYES 7: NAYS 0
Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc.
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__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Agenda Management and Website Accessibility Software
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant CityAdministrator
ACTION REQUEST:
Approve contract for Agenda Management and Website Accessibility Software with Civic Plus for a first-year cost of $9,000 and with an annual cost starting in year 2 of $9,320.
BACKGROUND:
Agenda management software was included in the 2024 budget to provide additional tools that will
streamline staff processes for packet development for the city council and city commissions. It is not
uncommon for meeting packets to be hundreds of pages long and are comprised of many separate items and attachments. Agenda management software supports staff in the development, review, and
distribution of meeting materials and will decrease time and errors associated with meeting packet
development.
Original estimates for the agenda management software during the 2024 budget discussions were approximately $10,000 for implementation with additional ongoing costs beyond that. Staff reviewed
Civic Plus - Civic Clerk and Granicus - Peak agenda management software and determined that the
Civic Plus software better met the needs of the organization and would better integrate with the city’s
existing Civic Plus software.
Independently from the conversation regarding agenda management software, staff reviewed accessibility software for the city’s website. The City is required to maintain standards set by the
Americans with Disabilities Act (ADA) on the city’s website to ensure that the content is accessible by
all. The launch of the new city website in 2023 brought the site into compliance and staff have been
manually managing the ADA requirements on the site since. There is significant work involved in making sure that the site meets ADA standards. In addition to ensuring that all people are able to
access the city website, it is important that the site meet requirements as it can be a liability in the
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case that there is a complaint against the city. Staff have identified the software Monsido, which is
also a Civic Plus software, as a tool that would be highly valuable in supporting the maintenance of city’s website, specifically for accessibility.
While not planned as a part of 2024, staff recognized an opportunity to capture additional savings
through the bundling of the agenda management software with the website accessibility software.
Staff were able to negotiate a 50% discount on the implementation costs of both the agenda management software and the website accessibility software so that the total cost of both were within the original budgeted amount. The competitor’s product for just the agenda management software
was quoted as more expensive in each year than the negotiated cost for both software together from
Civic Plus.
Implementation of the software will take between 12-20 weeks. In addition to the streamlined processes this will create for city staff, there is also a board-view portal that is available to council
members and commissioners to view and notate their own packets digitally in preparation for
meetings. Council members and commissioners will have the option to utilize this feature at their own
discretion. Expanded features available to council members and commissioners will hopefully encourage less printed materials needed for public meetings therefore improving the sustainability of
public business.
FISCAL AND RESOURCE IMPACT:
The 2024 cost for both the Civic Clerk Agenda Management Software and the Monsido Website Accessibility Software is $9,000. This project will be under budget with $10,000 included in the budget for 2024. There are additional costs annually for these products. The second-year costs will be $9,320
and we anticipate a 5% increase annually thereafter. Staff did negotiate a delay in the 5% increase
until the third year of the contract which provides a 3-year total cost for both products at $28,106.
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government
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__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Approve Out of State Travel Request
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Public Works CONTACT: John Boland, Public WorksSuperintendent
ACTION REQUEST:
Approve the out of state travel request for John Boland to attend the North American Snow Conference in Kansas City, Missouri from April 28-May 1,2024.
BACKGROUND:
City Policy requires that the City Council approve any travel to a location out of the metro area for city
employees.
FISCAL AND RESOURCE IMPACT:
Conference costs: $605
Lodging: $725
Transportation: Ground transportation in a city vehicle
Meals: GSA maximum rate $/day times 4 days= $256
The total estimated cost is $1,586 plus vehicle fuel. Funding is available in the 2024 training budget
to cover costs associated with the conference.
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government
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__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Accept Bids and Award Contract for the 2024 Street Sweeping
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Public Works CONTACT: John Boland, Public WorksSuperintendent
ACTION REQUEST:
Award a contract for the sweeping of streets in the spring and fall of 2024.
BACKGROUND:
The Cities MS4 permit requires that the city sweep the streets twice a year. The city does not have a
sweeper and contracts this work out. Staff requests that a minimum of four brooms be used by the
contractor to enable this work to be done in a timely fashion. Sweeping can be weather dependent
and is usually done within 4-7 days depending on the amount of debris on the roadway. Staff follows the sweepers around with the city dump trucks to haul away the swept debris.
FISCAL AND RESOURCE IMPACT:
This contract is bid by the hourly price of a single sweeper. Staff received three quotes for this
project:
Allied Blacktop: $160
Pearson Brothers Inc. $135
Mike McPhillips, Inc $135
Pearson Bros. and Mike McPhillips have both worked well with the city in the past. Mike McPhillips has indicated that they can provide 4-6 sweepers on site for sweeping, and staff recommends that the city award them the contract.
The price of sweeping has increased by approximately 17% this year over last year. There is $70,000
in the budget for 2024 for sweeping and striping. The sweeping and hauling expense for 2023 was
approximately $52,000 with an estimate this year of $60,000. This price fits in the budget for 2024.
Page 19 of 60 6f
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government
Page 20 of 60
__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: 2023 Audit Services
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Administration CONTACT: Kristen Schabacker, Finance Director
ACTION REQUEST:
Authorize Finance Director to enter into the contract for auditing services for the 2023 Audit.
BACKGROUND:
BerganKDV has been providing the city with auditing services since 2009. BerganKDV has provided
the City with quotes for the 2023 audits for both the City and Relief Association.
2023 City audit: $41,300 plus $4,000-$6,000 if Single Audit is needed
2023 Relief Association audit: $8,600 plus $2,000-$2,500 for the preparation of IRS 990
FISCAL AND RESOURCE IMPACT:
These costs are included in the 2024 budget.
The cost of the 2022 audit for the City was $39,400. The quote for the 2023 audit is an increase of
4.82%. The total cost of the 2022 audit for the Relief Association was $10,000. This represents an increase of 6.00-11.00% depending on the final numbers for the IRS preparation.
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government
Page 21 of 60 6g
Page 22 of 60
_________________________________________________ REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: February 20, 2024
AGENDA ITEM: Authorize Purchase Order for Covered Dugouts, Additional Fencing and Concrete Work at Marie Park
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Parks and Recreation CONTACT:
Meredith Lawrence, Parks and Recreation Manager John Boland, Public Works Superintendent
ACTION REQUEST:
The City Council is asked to authorize a purchase order for covered dugouts and fence work by Dakota Fence for a not to exceed amount of $21,138 and for concrete work at Marie Park by Kirchner
contracting for a not to exceed amount of $4,750.
BACKGROUND:
The Two Rivers Athletic Association (TRAA) has requested that the City install covered dugouts at all city-owned ball fields. Covered dugouts provide shade for players and coaches and also provide a safety mechanism for foul balls.
Staff solicited quotes from qualified contractors to add dugout fencing and covers to Marie Park. The
scope of the project includes furnishing and installing two dugout cages constructed out of chain link fence. Each cage would open opposite end to home play. Included in the project is dugout roofs that match cage dimensions and are pitched from front to back.
While reviewing the site, staff recognized that the third baseline concrete bench pad has sunk
significantly, and are recommending the bench pad area be built up and a new 8’ x 21’ concrete pad
be installed prior to the installation of the dugouts.
In addition, staff is recommending adding first and third base fences to the field that extend parallel to the edge of the infield. This will prevent foul balls from rolling outside of the playable field, which is
a nice addition to the field for both players and coaches.
Page 23 of 60 6h
FISCAL AND RESOURCE IMPACT:
Included in the 2024 budget was $30,000 for the addition of dugouts at Marie Park.
The quotes received for the 2024 installation of the dugouts and baseline fencing are as follows:
Dakota Fence: $21,138
Century Fence: $24,770
The following quote was received for the concrete work at Marie Park (this will be funded through the
Parks maintenance fund):
Kirchner Contracting: $4,750
The total project cost is: $25,888
ATTACHMENTS:
None.
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government
Page 24 of 60
__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Approve Soil Boring Contract for the Bridgeview Shores Street Improvements
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director
ACTION REQUEST:
Approve contract for soil borings on the Bridgeview Shores Street Improvements.
BACKGROUND:
The preparation of a feasibility report for the Bridgeview Shores Street Improvements which is required to follow the Minnesota Statutes Chapter 429 process was authorized by the Mendota Heights City Council by adopting Resolution 2023-55 at the City Council meeting held on September 5, 2023.
The feasibility report for the Bridgeview Shores Street Improvements was accepted by the Mendota Heights City Council and called for a Public Hearing on January 23, 2024, by adopting Resolution 2023-98 at the December 19, 2023 city council meeting. City Council ordered the improvements on January 23, 2024. Soil borings are needed in order to recommend a reliable pavement section and identify any anticipated poor soil conditions or ground water concerns.
The proposed streets to be rehabilitated are Arbor Court, Bridgeview Court, Mendota Heights Circle, Monet Court, Monet Lane, Pondhaven Court, Pondhaven Lane, Westview Circle, and Westview Terrace. Water main maintenance is necessary to extend the life of the existing ductile iron
pipe. Stormwater sump manholes are proposed to be installed to reduce sediment deposits in the
adjacent neighborhood ponds.
Staff solicited quotes for soil borings from three companies which include a total of 14 soil borings to a depth of 10 feet. Additional boring depth may be included if poor soil conditions are discovered. A
geotechnical report, including pavement recommendations, will be provided to City staff for review
prior to final project design.
Page 25 of 60 6i
The following quotes were received:
Element Materials Technology $7,435.00 Braun Intertec $10,567.00
American Engineering Testing $10,742.00
FISCAL AND RESOURCE IMPACT:
The feasibility report identifies total construction costs of $2,210,873.50 for the Bridgeview Shores Street Improvements project. The costs will be refined during the final design process. The project is proposed to be funded by special assessments, municipal bonds, and utility funds. The indirect costs
for this in-house project will be adequate to provide for this service.
Staff recommends that Council approves a motion for staff to issue a purchase order to Element
Materials Technology for their quote of $7,435.00 to perform soil borings for the Bridgeview Shores Street Improvements project.
ATTACHMENTS:
Element Materials Quotation
CITY COUNCIL PRIORITY:
☒Economic Vitality & Community Vibrancy ☒Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government
Page 26 of 60
Quote Number ESP00CITYMENDOTAHEIGHTSNO.MH202406/I February 13th, 2024 Page 1 of 3
STANDARD FORM OF AGREEMENT
TO ENGAGE THE SERVICES OF
ELEMENT MATERIALS TECHNOLOGY ST. PAUL INC.
THIS AGREEMENT, entered into on the 13th day of February , 20 24 , By City
of Mendota Heights, located at 1101 Victoria Curve 55118 (“Client”), and Element Materials
Technology St. Paul Inc. (“Element”), located at 662 Cromwell Avenue, St. Paul, Minnesota
55114.
A.The “Project” is described:Geotechnical Exploration
Bridgeview Shores Street Improvements
City of Mendota Heights Project No. MH202406
B.Element will perform professional services for Client as follows:
-Meet with City staff to determine exact boring locations. Paint/mark out boring
locations on existing pavement locations from map provided by the City.
-Notify Gopher-State-One-Call to arrange for locating public utilities.
-Any private utilities not identified by Gopher-State-One-Call should be marked by the
owner (City) or their representative prior to our drilling otherwise a private locator may
be required to locate private utilities. It is our understanding that all boring locations
are located within existing public bituminous pavement roadway areas therefore
private locates would not be required.
-Provide limited traffic control including cones around drill rig during drilling
operations. Special layout traffic control would not be required due to the limited
expected traffic at the proposed drilling locations.
-Core fourteen (14) locations initially then drill fourteen (14) Standard Penetration
Test (SPT) borings with continuous sampling each to a minimum unit depth of ten
(10)feet unless encountering bedrock or an obstruction, all using a truck mounted
drill rig. It is our understanding that the soil borings will be within existing bituminous
pavement areas.
-Patch bore-holes with auger cuttings/bentonite chips and/or grout and use
bituminous cold patch placed where applicable at the surface matching thickness of
existing pavement areas if encountered.
-Visually classify soil samples and document existing pavement, aggregate base (if
encountered), and sub-base thicknesses.
-Perform laboratory testing including six (6) gradations and fourteen (14) moisture
contents on selected samples collected in the field to aid in identifying soil
parameters and for soil classification purposes to aid the design team.
-Submit geotechnical report by March 20, 2024, which will include soil boring logs
documenting pavement thicknesses and aggregate base if encountered, laboratory
test data, and include ground water level if encountered. The report also to include
an estimated CBR-value based on the soils encountered, provide recommendations
for a 7-ton pavement design, and general recommendations for project construction.
Page 27 of 60
Quote Number ESP00CITYMENDOTAHEIGHTSNO.MH202406/I February 13th, 2024 Page 2 of 3
-Provide additional geotechnical engineering assistance (i.e. report/design/review
and consultations) to design team for proposed construction on an hourly basis as
needed.
C.Client will compensate Element for services as follows:
-Mobilization, Demobilization, Utility Clearances,
-Core fourteen (14) locations then drill fourteen (14) SPT Soil Borings
each to unit depths of ten (10) feet (140 total lineal feet
of drilling), Patch holes Lump Sum $ 4,900.00
-Laboratory Testing Lump Sum $ 700.00
-Senior Geotechnical Engineer $145.00/hour estimate 3 hours $ 435.00
-Project Management and Formal Geotechnical Report Lump Sum $ 1,400.00
Estimated Total $7,435.00(1)
(1)Additional boring depth may be increased at a unit rate of $30.00/foot to above borings if
requested by City. Additional mobilization charges may apply if additional boring depth
exceeds more than 5% of the total base drilling amount. Additional engineering if needed
and authorized by the Client would be at a rate of $145.00/hour.
If the Client cannot locate private utilities a Private Locator may have to be retained to mark
private utilities if needed at a cost of $250.00/hour.
Our drill rig may cause minor damage to the surface while drilling especially in wet
conditions. We will try our best to minimize such damage. This quote does not include
repairing damage caused to the surface by our drill rig.
Client to provide access to boring locations prior to drilling activities. This proposal does not
include the cost of tree cutting, moving cars/trucks/aircraft, snow removal, or constructing
access to the boring locations. Additional charges may apply if site access challenges occur.
Rock coring is not included in this proposal. If rock coring is required and authorized by the
Client would be at a rate of $75.00/foot plus set up costs (Typically $1,000). We do not
anticipate at the depths of the borings and project type that rock coring would be required for
this project.
This price is valid for thirty days from date above. Invoices are due upon receipt. A late
payment FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or the
maximum allowed by law) on any balance remaining unpaid 30 days after the date of the
invoice.
Page 28 of 60
Quote Number ESP00CITYMENDOTAHEIGHTSNO.MH202406/I February 13th, 2024 Page 3 of 3
Client Contact: Bobby Crane | Sr. Engineering Technician
City of Mendota Heights| 1101 Victoria Curve | Mendota Heights, MN 55118
651.255.1150 phone | bcrane@mendotaheightsmn.gov
General Terms and Conditions
We understand that the services we would provide for you would be performed under our
mutually agreed upon professional services agreement between Element Materials Technology
St. Paul Inc. and City of Mendota Heights.
By signing this Agreement, Client assents to the terms and conditions set forth above and on
the following page(s).
ELEMENT MATERIALS TECHNOLOGY ST. PAUL INC.
Approved By:
Name: Mark Straight, P.E.
Title: Senior Project Engineer
CLIENT:_______________________________
By:
Name:
Title:
Page 29 of 60
GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES BY ELEMENT MATERIAL
TECHNOLOGY HOLDING USA INC. AND U.S. SUBSIDIARIES - MAY 1, 2012
1. Application; Formation of Contract. These General Terms and Conditions of Sale and Performance of Testing Services (the “Terms and
Conditions”) shall apply to all acts in respect of the purchase and sale of testing and other services (the “Work”) pursuant to any contract (a
“Contract”) to which these Terms and Conditions are made applicable. As used in these Terms and Conditions, “ELEMENT” means either
Element Material Technology Holding USA, Inc. or the applicable subsidiary of Element Material Technology Holding USA, Inc. providing the
Work; and “Customer” means the party purchasing the Work from ELEMENT. The submission by a Customer of any sample to ELEMENT for
testing or similar services shall, upon acceptance of such sample by ELEMENT for such services, constitute an express Contract to which
these Terms and Conditions apply. All orders for Work are subject to ELEMENT’s approval and acceptance.
2. Modification and Waiver; Other Terms. No provision in these Terms and Conditions may be varied or waived except by a writing specifically
describing such variance or waiver signed by an officer of ELEMENT. ELEMENT’s acceptance or acknowledgement, even if in writing and
signed by ELEMENT, of Customer’s purchase order or any other document pertaining to the Work shall not be deemed an acceptance of any
provision of Customer’s purchase order or any other document that conflicts with or adds to these terms and conditions, absent a separate
agreement in writing signed by ELEMENT expressly acknowledging and agreeing to such provisions. IT IS EXPRESSLY UNDERSTOOD
AND AGREED THAT IN THE EVENT TERMS AND CONDITIONS SET FORTH IN ANY ORDER FORM, PURCHASE REQUEST OR
CONFIRMATION PROVIDED BY CUSTOMER ADD TO OR CONFLICT WITH THESE TERMS AND CONDITIONS, THESE TERMS AND
CONDITIONS SHALL PREVAIL AND GOVERN. ELEMENT’S ACCEPTANCE OF A CONTRACT TO PERFORM WORK IS EXPRESSLY
CONDITIONAL ON CUSTOMER’S AGREEMENT AND ASSENT TO THESE TERMS AND CONDITIONS.
3. Prices for the Work; Payment. Prices quoted by ELEMENT for the Work are solely for the performance of the Work and do not include
freight, insurance, inspection or packaging charges, warehousing or storage costs, or any sales, use, excise, customs duties, or other taxes or
fees (“Costs”). Unless ELEMENT expressly agrees in writing to pay such Costs, all such Costs are to be paid by Customer and any Costs paid
by ELEMENT shall promptly be reimbursed by Customer. A minimum charge of $35.00 applies to each sample submitted unless a blanket
purchase order specifying different pricing has been submitted and accepted. Written and oral quotations are subject to withdrawal by
ELEMENT by notice at any time, and, in any event, shall be valid only for thirty (30) days from the date thereof.
Payment is due in cash as specified in ELEMENT’s quotation, proposal or order confirmation and, unless otherwise expressly agreed to in
writing by ELEMENT, payment is due in U.S. dollars only. If not specified therein, payment is due in cash upon completion of the Work;
provided, however, that if the Contract involves a series of tests or other events of partial performance, ELEMENT may invoice, and Customer
shall pay for, each such test or part on a pro rata basis. If performance is delayed by Customer or other causes beyond ELEMENT’s
reasonable control, ELEMENT may submit invoices, and payment shall become due, as if the Work had been completed as scheduled. If such
delay is caused by Customer, Customer shall additionally pay all reasonable warehousing and other expenses and Costs of ELEMENT
incident to such delay in shipment.
The net amount for services performed pursuant to these Terms and Conditions shall be due in full, without discount, within thirty (30) days of
invoice, unless otherwise stated. If payment in full is not made when due, interest shall accrue on the unpaid balance at the lesser of (i) the
rate of 1½% per month (18% per annum) or (ii) the maximum rate permitted under applicable law. Customer agrees to pay reasonable
attorneys’ fees incurred by ELEMENT in the collection of past due invoices and account balances.
If ELEMENT at any time determines in its sole judgment that there are reasonable grounds for insecurity with respect to Customer’s payment
for the Work or any other obligation of Customer set forth in the Contract or in these Terms and Conditions, ELEMENT may require adequate
assurance of due payment or other performance, such as payment in cash or satisfactory security, and until ELEMENT receives such
assurance, ELEMENT may suspend any performance for which it has not already received payment.
4. Completion of Work; Limited Warranty. ELEMENT warrants that it will complete the Work in a satisfactory and workmanlike manner
consistent with industry standards. ELEMENT will exercise commercially reasonable efforts to complete the Work and provide a report thereon
by any date reasonably requested in writing by Customer, but shall not be liable for any delay in the performance of projects or in the delivery
or shipment of goods, or for any damages suffered by the client by reason of such delay. ELEMENT’s performance of any and all Work is
subject to ELEMENT’s current facility schedules, governmental priorities, and other government regulations, purchase orders, directions, and
restrictions that may be in effect from time to time.
EXCEPT AS EXPLICITLY SET FORTH IN THIS PARAGRAPH 4, ELEMENT MAKES NO OTHER WARRANTY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED.
ELEMENT’s warranty shall not apply to any portion of the Work performed by a party other than ELEMENT except to the extent that any such
third party has warranted such performance to ELEMENT and is liable to ELEMENT under such warranty.
No employee, agent or other person is authorized to give any warranties on behalf of ELEMENT in addition to or different from those herein
given, or to assume for ELEMENT any other liability in connection with the Work except in a writing which is signed by an authorized officer of
ELEMENT, which expressly gives such warranties or assumes such liability, and which is made part of the Contract pursuant to paragraphs 1
and 2 above.
Page 13
Page 30 of 60
5. Customer’s Property. Whenever ELEMENT is provided in writing detailed instructions as to the treatment and handling of Customer’s
property, ELEMENT will exercise commercially reasonable efforts to comply with such instructions. Type of material, tolerances and
specifications for processing shall be declared in writing by Customer prior to ELEMENT’s commencing any Work or shall be deemed not to
have been known by ELEMENT.
Testing services supplied by ELEMENT are generally considered to be destructive. Under special conditions, some testing may be performed
without destroying samples. However, by submitting components or samples to ELEMENT, Customer expressly agrees that all material
submitted may be destroyed . ELEMENT will not be responsible for any costs or losses resulting from destruction of Customer’s property
submitted to ELEMENT unless both the written Contract and Customer’s property are clearly marked “Do Not Destroy.” If the Contract and
Customer’s property are not so marked, ELEMENT shall have no liability for damage to Customer’s property. If the Contract and Customer’s
property are so marked, ELEMENT’s liability for damage to Customer’s property is limited to the lesser of (i) the value of Customer’s property
or (ii) the cost of the Work performed on the damaged property pursuant to the Contract. Under no conditions will ELEMENT be responsible
for any additional costs or damages, including consequential damages and indirect costs or losses, resulting from destruction of Customer’s
property. By submitting property to ELEMENT, Customer acknowledges and agrees to these limitations and acknowledges and agrees that
ELEMENT bases its price for the performance of Work on the existence and enforceability of such limitations.
6. Shipping. ELEMENT will at Customer’s reasonable request act as a shipping agent for the return of Customer’s property after performing
the Work. As Customer’s agent, ELEMENT will contract for common carrier delivery as requested in writing by Customer. Under no conditions
will ELEMENT have any liability for any item so shipped. Insurance will be purchased for common carrier shipping only when requested in
writing by Customer and when declared value is indicated, and the failure of ELEMENT to purchase insurance shall not result in any liability on
the part of ELEMENT. Customer may be billed directly by commercial carriers for freight and Customer shall make all claims for property
damaged in transit directly and solely against such freight carriers.
7. Title; Security Agreement. Title to Customer’s property and all risk of loss or damage to such property shall remain with Customer at all
times. Customer hereby grants to ELEMENT a security interest in all of Customer’s property provided to ELEMENT for testing or other
services under the Contract to secure the payment of the purchase price for the Work and other fees or charges due ELEMENT hereunder.
Customer will not be entitled to the return of its property, and after such return shall not be entitled to transfer or encumber the property upon
which Work is performed, until all sums due and owing to ELEMENT have been paid. Customer shall execute and deliver any financing
statements or other documents that ELEMENT reasonably requests for the perfection of ELEMENT’s security interest in Customer’s property
and Customer shall do all other acts necessary for the perfection and preservation of this security interest.
8. Customer’s Remedies. The sole and exclusive remedy of Customer and its customers, agents and other affiliates in respect of any claim
against ELEMENT based on or relating to any claimed defect in the Work or otherwise relating to the Work, the Contract, or these Terms and
Conditions, whether such claim is based upon contract, tort, professional errors or omissions, strict liability or negligence, and whether such
claim is for property damage, personal injury, commercial loss or other monetary loss, shall be (i) upon the return, restoration, or replacement
by Customer of Customer’s property upon which the Work was performed, the re-performance of any defective portion of the Work, or (ii) at
ELEMENT’s option, a refund or credit to Customer in the amount of the price paid for the defective portion of the Work Customer’s remedies
hereunder shall only be available if (i) ELEMENT has been paid in full for the Work pursuant to paragraph 3 above; (ii) ELEMENT is notified in
detail, in writing, of the claimed defect or other claim within twenty days of Customer’s discovery thereof and within ninety days after the
completion of the Work; and (iii) ELEMENT is permitted to inspect any and all property with respect to which the Work is claimed to have been
defective or to which Customer’s claim otherwise relates.
9. Cancellations. A purchase order or other Contract for Work once placed with and accepted by ELEMENT can be cancelled, in whole or in
part, only with the written consent of ELEMENT. If Customer cancels without ELEMENT’s consent, Customer shall be liable for the full price of
the Work, less any actual third party expenses saved by ELEMENT in not having to perform the Work, as reasonably determined by
ELEMENT in its sole discretion.
10. Court and Other Proceedings. The nature of ELEMENT’s services will, from time to time, require employees of ELEMENT to present the
results of ELEMENT’s findings in depositions, court proceedings or other forums. In such cases, the Customer will be charged, in addition to
the agreed upon price for the Work, ELEMENT’s usual and customary costs and fees for such presentations and the preparation thereof
according to ELEMENT’s then-current fee schedule. If ELEMENT is subpoenaed by a party other than Customer, the total costs and fees
associated with the preparation and testimony will be charged to the Customer, irrespective of whether payment has previously been made on
the Work and Customer’s file is closed. ELEMENT will at Customer’s written request attempt to have these costs and fees reimbursed by the
party issuing the subpoena; however, if such party does not reimburse ELEMENT, such costs and fees will be the responsibility of Customer.
Customer agrees to pay any such costs and fees, irrespective of whether it is anticipated at the time of the Contract that ELEMENT will be
called upon to present the results of its findings in depositions, court proceedings or other forums.
11. Force Majeure. The parties hereto shall be excused from the duty to render timely performance of any obligation hereunder if such inability
to perform is caused directly or indirectly by act of God, flood, war, riot, accident, explosion, strikes or labor trouble, act of government, delay
or default by subcontractor or supplier of materials or services, the existence of any circumstance making performance commercially
impracticable or any other cause beyond the party’s reasonable control; provided, however, that the obligation to make payments due under
this agreement shall not be excused for any reason, including the foregoing.
12. Limitation on Liability. EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8, ELEMENT SHALL NOT BE LIABLE FOR ANY LOSS
Page 23
Page 31 of 60
OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM ITS PERFORMANCE OF THE WORK, INCLUDING WITHOUT LIMITATION
ANY DAMAGE TO CUSTOMER’S PROPERTY. ELEMENT SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
FROM THE USE OF PROPERTY UPON WHICH THE WORK IS PERFORMED OR ANY SIMILAR PROPERTY OR FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT SHALL ELEMENT BE LIABLE
FOR ANY DAMAGES ABOVE THE COST OF THE WORK, WHETHER SUCH DAMAGES SHALL ARISE FROM BREACH OF THIS
CONTRACT, OR IN TORT, OR OTHERWISE.
13. Waiver of Compliance. Waiver by either party hereto of a breach by the other party of any of the provisions of these terms and conditions
shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect.
14. Severability. If any provision or remedy herein provided for be invalid under any applicable law, the remaining provisions hereof, including
remaining default remedies, shall be given effect in accordance with the intent hereof.
15. Governing Law. This agreement shall be governed by and construed under the laws of the State of North Carolina and the United States
of America.
16. Arbitration. Any controversy or claim arising out of or relating to this agreement, or any breach thereof, shall be settled by arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof. The situs of said arbitration shall be Charlotte, North Carolina. Any
demand for arbitration by either party hereunder must be delivered in writing to the other party.
17. Export Control Laws and Regulations. All parties shall comply with all export control laws and regulations (including, but not limited to, the
U.S. Export Administration Regulations and the U.S. International Traffic in Arms Regulations) to the extent applicable to the Parties’
respective activities under this Agreement. The Receiving Party shall control access to any technical data disclosed under this Agreement in
accordance with all U.S. export laws and regulations including, without limitation, confining the disclosure of any such technical data to U.S.
persons unless disclosure to foreign persons is specifically authorized and appropriately licensed by the proper U.S. government agency. The
Receiving Party shall limit dissemination of technical data to its employees who have a need to know as it relates to the Purpose of this
Agreement and who have agreed to abide by the Export Control provisions contained herein, and who are U.S. citizens or permanent resident
Aliens (or who are otherwise authorized to receive such Information pursuant to this Agreement and U.S. Export Laws). The Receiving Party
shall exercise the same care to protect any and all technical data embodying or setting forth all or part of the technical data as it uses to
protect its own technical data, but in no case less than reasonable care to assure proper control and security of such information and
Page 3/3
Page 32 of 60
__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Acknowledge the November and December Par 3 Financial Reports
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks andRecreation Manager
ACTION REQUEST:
Acknowledge the November and December, 2023 Par 3 Financial Reports.
BACKGROUND:
The revenue total for 2023 is $296,818. The course’s December expenditures totaled $8,106. The
expenditure total for 2023 is $245,178. The course ended the year with a $51,643 operating surplus.
Included in the maintenance and repairs line item are the following capital items/projects that were completed and paid for:
•Patio Furniture: $8,195.03
•Carpet Replacement in Clubhouse: $4,483.41
•Maintenance Building Fence: $5,318.10
•Chemicals/Fertilizer: $20,825.67
•Sidewalk Work: $2,800
Not included in this financial report is $72,543 in capital projects that are being funded through the golf course’s fund that include the following: window replacement for the clubhouse, furnace/AC for the clubhouse, top dresser replacement and sand pro replacement.
FISCAL AND RESOURCE IMPACT:
None
ATTACHMENTS:
November, 2023 Par 3 Financial Report December, 2023 Par 3 Financial Report
Page 33 of 60 6j
CITY COUNCIL PRIORITY:
☒Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government
Page 34 of 60
MONTHLY EXPENDITURE REPORT
NOVEMBER 2023
MENDOTA HEIGHTS PAR 3
BUDGET TO ACTUAL REPORT
November 2023 (91.67% OF YEAR)
Nov
REVENUES November YTD YTD YTD
BUDGET 2023 2023 % 2022
GREENS, LEAGUE & TOURN FEES $150,000 $0 $209,659 139.77% $176,412
RECREATION PROGRAMS $45,000 $1,885 $50,923 113.16% $53,928
CONCESSIONS $22,500 $0 $36,090 160.40% $33,596
SUNDRY REVENUE $0 $10 $146 100.00% $425
INTEREST $450 $0 $0 0.00% $0
INSURANCE CLAIM $0 $0 $0 0.00% $0
PAR 3 FUND REVENUE TOTAL $217,950 $1,895 $296,818 136.19% $264,361
EXPENDITURES November YTD YTD YTD
BUDGET 2023 2023 % 2022
CLUBHOUSE SALARIES $42,300 $1,054 $45,402 107.33% $45,644
ADMINISTRATIVE SALARIES $30,722 $2,517 $28,249 91.95% $22,721
FICA/PERA $12,952 $539 $9,953 76.85% $10,401
MEDICAL INSURANCE $7,187 $599 $6,588 91.67% $6,280
U/E & W/C INSURANCE $3,255 $0 $5,602 172.12% $3,103
RENTALS $6,000 $0 $6,277 104.61% $6,453
UTILITIES $14,495 $1,551 $12,934 89.23% $12,832
PROFESSIONAL FEES - AUDIT $2,990 $0 $3,304 110.50% $2,877
PROF FEES - CONSULTING FEES $1,100 $0 $61 0.00% $0
PROF FEES - GROUNDS MGMT $7,250 $0 $0 0.00% $3,728
PROF FEES - GROUNDS WAGES $25,000 $1,558 $23,020 92.08% $18,689
PROF FEES - TREE MAINTENANCE $1,500 $0 $2,779 185.25% $5,300
LIABILITY/AUTO INSURANCE $4,800 $820 $4,185 87.19% $4,558
OPERATING COSTS/SUPPLIES $8,850 $350 $9,767 110.36% $10,766
FUEL $2,600 $284 $2,285 87.87% $2,595
REPAIRS & MAINTENANCE $54,750 $2,821 $57,868 105.70% $40,786
SUNDRY/DUES/MILEAGE/CLOTHING $12,750 $0 $7,629 59.84% $3,196
ONLINE REG & CREDIT CARD FEES $7,975 $479 $11,169 140.05% $9,292
PAR 3 EXPENDITURES TOTAL $246,476 $12,572 $237,072 96.18% $209,221
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MONTHLY EXPENDITURE REPORT
DECEMBER 2023
MENDOTA HEIGHTS PAR 3
BUDGET TO ACTUAL REPORT
Decemberber 2023 (100% OF YEAR)
Dec
REVENUES December YTD YTD YTD
BUDGET 2023 2023 % 2022
GREENS, LEAGUE & TOURN FEES $150,000 $0 $209,659 139.77% $176,412
RECREATION PROGRAMS $45,000 $0 $50,923 113.16% $53,928
CONCESSIONS $22,500 $0 $36,090 160.40% $33,596
SUNDRY REVENUE $0 $0 $146 100.00% $425
INTEREST $450 $0 $0 0.00% $0
INSURANCE CLAIM $0 $0 $0 0.00% $0
PAR 3 FUND REVENUE TOTAL $217,950 $0 $296,818 136.19% $264,361
EXPENDITURES December YTD YTD YTD
BUDGET 2023 2023 % 2022
CLUBHOUSE SALARIES $42,300 $0 $45,402 107.33% $45,644
ADMINISTRATIVE SALARIES $30,722 $3,300 $31,549 102.69% $25,160
FICA/PERA $12,952 $223 $10,177 78.57% $10,757
MEDICAL INSURANCE $7,187 $599 $7,187 100.01% $6,851
U/E & W/C INSURANCE $3,255 -$132 $5,470 168.06% $3,103
RENTALS $6,000 $155 $6,432 107.20% $6,809
UTILITIES $14,495 $1,375 $14,309 98.71% $14,389
PROFESSIONAL FEES - AUDIT $2,990 $0 $3,304 110.50% $2,877
PROF FEES - CONSULTING FEES $1,100 $0 $61 0.00% $0
PROF FEES - GROUNDS MGMT $7,250 $0 $0 0.00% $3,728
PROF FEES - GROUNDS WAGES $25,000 $39 $23,059 92.24% $18,760
PROF FEES - TREE MAINTENANCE $1,500 $0 $2,779 185.25% $5,300
LIABILITY/AUTO INSURANCE $4,800 -$116 $4,070 84.78% $4,210
OPERATING COSTS/SUPPLIES $8,850 $14 $9,781 110.52% $11,300
FUEL $2,600 $8 $2,292 88.17% $2,701
REPAIRS & MAINTENANCE $54,750 $2,618 $60,487 110.48% $45,438
SUNDRY/DUES/MILEAGE/CLOTHING $12,750 $0 $7,629 59.84% $3,893
ONLINE REG & CREDIT CARD FEES $7,975 $22 $11,191 140.33% $9,389
PAR 3 EXPENDITURES TOTAL $246,476 $8,106 $245,178 99.47% $220,309
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__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Temporary On-Sale Liquor License – Beth Jacob Congregation
ITEM TYPE: ☒Consent ☐ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk
ACTION REQUEST:
Approve a temporary on-sale liquor license for Beth Jacob Congregation for March 3, 2024.
BACKGROUND:
Pursuant to Minnesota State Statues and the City Code, no person shall sell or give away liquor
without first having received a license. Temporary on-sale liquor licenses shall be granted only to
clubs, charitable, religious, or nonprofit organizations for the sale of intoxicating liquor. The licenses
are subject to final approval by the Director of Alcohol and Gambling Enforcement.
Beth Jacob Congregation, located at 1179 Victoria Curve, is planning to hold a fund-raising event on
their property on March 3, 2024, from 5:00 pm to 9:00 pm. They have submitted an application for a
temporary on-sale liquor license for the sale of alcohol at their annual fundraiser. Security will be
present and liability insurance has been obtained.
FISCAL AND RESOURCE IMPACT:
N/A
ATTACHMENTS:
N/A
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government
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__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Police Officer Swearing In
ITEM TYPE: ☐Consent ☒ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Police CONTACT: Kelly McCarthy, Chief of Police
ACTION REQUEST:
Administer the Oath of Office to Officer Mark McKernon and Officer Logan Welter.
BACKGROUND:
In 2023, Mark McKernon and Logan Welter were hired by the Mendota Heights Police Department.
They have completed their field training and are prepared to take their official oath of office.
FISCAL AND RESOURCE IMPACT:
None
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive and Responsive Government
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__________________________________________________ REQUEST FOR CITY COUNCIL ACTON
MEETING DATE: February 20, 2024
AGENDA ITEM: Citizen and Officer Award of Merit
ITEM TYPE: ☐Consent ☒ Presentation/Recognition ☐ Public Hearing
☐New/Unfinished Business
DEPARTMENT: Police CONTACT: Kelly McCarthy, Chief of Police
ACTION REQUEST:
Presentation of Award of Merit for Mendota Heights resident Chad Greeley and Officer Weston
Raberge.
BACKGROUND:
On December 24, 2023, Officer Weston Raberge was dispatched to a check the welfare call on the
bridge near Sibley Memorial Highway and Wachtler Avenue. The caller, Chad Greeley, informed
dispatch there was a male trying to put his foot over the edge of the bridge.
As Officer Raberge arrived on scene, he observed the male climbing over the railing. Officer Raberge ran to the male who was now halfway over the railing and grabbed hold of him. The man resisted and was trying to pull away from Officer Raberge. Officer Raberge was able to pull the man to safety, all the while comforting him
and letting him know he was not alone.
FISCAL AND RESOURCE IMPACT:
None
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☒Inclusive and Responsive Government
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_________________________________________________ REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: February 20, 2024
AGENDA ITEM: TRAA Request for Portable Pitching Mounds
ITEM TYPE: ☐Consent ☐ Presentation/Recognition ☐ Public Hearing
☒New/Unfinished Business
DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks andRecreation Manager
ACTION REQUEST:
Consider a request from the Two Rivers Athletic Association for the City to purchase portable pitching mounds.
BACKGROUND:
The Two Rivers Athletic Association (TRAA) asked the City to partner on the purchase of four portable
pitching mounds to be used for the TRAA boy’s baseball program.
The requested portable mounds are six-inch Portolite One-Piece Game Mounds with a retail cost of $1,899 each. The National Sales Representative from Portolite has agreed to sell the mounds for
$1,350 each. TRAA has sought funding through a grant from the Metro Baseball League (MBL), which
will cover the initial purchase of two of the mounds. Saint Thomas Academy (STA) has agreed to
fund a portion of one of the portable mounds, as they utilize portable mounds in the Spring at Mendakota Park.
The suggested cost breakdown from TRAA is as follows:
•Total Mound Cost: (4 mounds at $1,350) =$5,400
o MBL Grant (Pass Through TRAA): $2,700
o Saint Thomas Academy Contribution: $900
o City of Mendota Heights Responsibility: $1,800
The cost to ship the portable mounds would be an additional $900, but TRAA has agreed to pick up
the portable mounds from the manufacturer to save shipping costs.
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In the past, the City has not purchased portable pitching mounds as the City does not have a use for
the accessory for any City programs. TRAA and STA have agreed that their financial contributions towards the purchase of the mounds would be a donation to the city and that the mounds would
become City property. This is common practice when user groups request additions of park
accessories from the City. Additional considerations in moving forward with the request:
•Portable mounds generally last five years. The future replacement of the four mounds wouldnot qualify as a Special Parks Fund expense and the city would be responsible for the cost ofreplacement/maintenance.
•Other users would have the ability to use the mounds as they would be stored outside at
Mendakota Park throughout the Spring, Summer and Fall. No group would have exclusiveright to use the mounds and the mounds would remain at Mendakota ball fields. Thepartnership and donation of mounds further does not guarantee access to city fields by anyone
user group.
The Parks and Recreation Commission reviewed this item at their February 13 meeting, and voted 5-1
to recommend approval of the City spending $1,800 from the Special Parks Fund to purchase the portable pitching mounds.
FISCAL AND RESOURCE IMPACT:
The projection for the Special Parks Fund at the end of 2024 based on budgeted expenditures is
approximately $193,000. There are sufficient funds, should the City Council approve the $1,800 request.
ATTACHMENTS:
None
CITY COUNCIL PRIORITY:
☐Economic Vitality & Community Vibrancy ☐Environmental Sustainability & Stewardship
☒Premier Public Services & Infrastructure ☐Inclusive & Responsive Government
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