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HomeMy WebLinkAboutCC PACKET 01102023CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, January 10, 2023 at 7:00PM Join Meeting via Zoom There is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Students In Government Presentations Consent Agenda. Approval Of CC Meeting Minutes CC 12 -13 -2022.PDF License And Permits LICENSEANDPERMITS.PDF Claims 1 -11 -23.PDF Resolution 23 -001 - Accepting Donations And Grants 4th Quarter Of 2022 RESOLUTION 23 -001.PDF Resolution 23 -002 - Designating Steve Carlson The Prosecuting Attorney For The City Of St. Anthony RESOLUTION 23 -002.PDF Resolution 23 -003 - Designating Councilmember Webster As Mayor Pro Tem For The 2023 Calendar Year RESOLUTION 23 -003.PDF Resolution 23 -004 - Authorizing The Mayor, City Manager And Finance Director To Make Certain Transactions Regarding City Financial Accounts For The 2023 Calendar Year RESOLUTION 23 -004.PDF Resolution 23 -005 - Designating US Bank, N.A. Of Saint Anthony Village As The Official Depository For City Funds For The 2023 Calendar Year RESOLUTION 23 -005.PDF Resolution 23 -006 - Designating The Star Tribune The Legal Newspaper For The City Of Saint Anthony Village For The 2023 Calendar Year RESOLUTION 23 -006.PDF Resolution 23 -007 - Adopting The Standing Rules Of Conduct For City Council Meetings For 2023 STANDING RULES OF CONDUCT 2023.PDF RESOLUTION 23 -007.PDF Resolution 23 -008 Adopting The Elected Officials Travel Policy For 2023 ELECTED OFFICAL OUT OF STATE TRAVEL POLICY 2023.PDF RESOLUTION 23 -008.PDF Resolution 23 -009 - Designating Mayor Stille As A Participant In Outside Organizations For 2023 RESOLUTION 23 -009.PDF Resolution 23 -010 - Designating Councilmember Jenson As A Participant In Outside Organizations For 2023 RESOLUTION 23 -010.PDF Resolution 23 -011 - Designating Councilmember Randle As A Participant In Outside Organizations For 2023 RESOLUTION 23 -011.PDF Resolution 23 -012 - Designating Councilmember Walker As A Participant In Outside Organizations For 2023 RESOLUTION 23 -012.PDF Resolution 23 -013 - Designating Councilmember Webster As A Participant In Outside Organizations For 2023 RESOLUTION 23 -013.PDF Resolution 23 -014 Approving An Agreement With The Minnesota Department Of Transportation To Act As The City's Agent In Accepting Federal Aid COVER MEMO.PDF AGREEMENT.PDF RESOLUTION 23 -014.PDF Public Hearing. Reports From Commission And Staff. General Business Of Council. Resolution 23 -015 - Approving The 2023 Agreements With The Northeast Youth And Family Services (NYFS) Angela Lewis -Dmello, President & CEO NYFS, presenting. NYFS PRESENTATION 2023.PDF NYFS ANNUAL REPORT FY 2022 FINAL.PDF NYFS AGREEMENT.PDF COMMUNITY ADVOCATE PROFESSIONAL SERVICES AGREEMENT.PDF RESOLUTION 23 -015.PDF Ordinance 2022 -09 - Amending Section 50.16 Of Chapter 50 Storm Water And Sanitary Sewers Charlie Yunker, City Manager, presenting. COVER MEMO WSB.PDF SAV II ORDINANCE 2022 -09 - REDLINED.PDF NOTICE - PUBLIC HEARING II.PDF Resolution 23 -016 Approving Summary Publication For Ordinance 2022 -09 RESOLUTION 23 -016.PDF Resolution 23 -017 - Approving The Contract Agreement With Aspen Waste Systems, Inc. For Solid Waste And Recycling Services COVER MEMO.PDF CONTRACT.PDF RESOLUTION 23 -017.PDF 2022 Goals Update 2022 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I. II. III. IV. V. A. VI. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: G. Documents: H. Documents: I. Documents: J. Documents: K. Documents: L. Documents: M. Documents: N. Documents: O. Documents: P. Documents: Q. Documents: VII. VIII. IX. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: X. XI. XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, January 10, 2023 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Students In Government PresentationsConsent Agenda.Approval Of CC Meeting MinutesCC 12 -13 -2022.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims1-11 -23.PDFResolution 23 -001 - Accepting Donations And Grants 4th Quarter Of 2022 RESOLUTION 23 -001.PDF Resolution 23 -002 - Designating Steve Carlson The Prosecuting Attorney For The City Of St. Anthony RESOLUTION 23 -002.PDF Resolution 23 -003 - Designating Councilmember Webster As Mayor Pro Tem For The 2023 Calendar Year RESOLUTION 23 -003.PDF Resolution 23 -004 - Authorizing The Mayor, City Manager And Finance Director To Make Certain Transactions Regarding City Financial Accounts For The 2023 Calendar Year RESOLUTION 23 -004.PDF Resolution 23 -005 - Designating US Bank, N.A. Of Saint Anthony Village As The Official Depository For City Funds For The 2023 Calendar Year RESOLUTION 23 -005.PDF Resolution 23 -006 - Designating The Star Tribune The Legal Newspaper For The City Of Saint Anthony Village For The 2023 Calendar Year RESOLUTION 23 -006.PDF Resolution 23 -007 - Adopting The Standing Rules Of Conduct For City Council Meetings For 2023 STANDING RULES OF CONDUCT 2023.PDF RESOLUTION 23 -007.PDF Resolution 23 -008 Adopting The Elected Officials Travel Policy For 2023 ELECTED OFFICAL OUT OF STATE TRAVEL POLICY 2023.PDF RESOLUTION 23 -008.PDF Resolution 23 -009 - Designating Mayor Stille As A Participant In Outside Organizations For 2023 RESOLUTION 23 -009.PDF Resolution 23 -010 - Designating Councilmember Jenson As A Participant In Outside Organizations For 2023 RESOLUTION 23 -010.PDF Resolution 23 -011 - Designating Councilmember Randle As A Participant In Outside Organizations For 2023 RESOLUTION 23 -011.PDF Resolution 23 -012 - Designating Councilmember Walker As A Participant In Outside Organizations For 2023 RESOLUTION 23 -012.PDF Resolution 23 -013 - Designating Councilmember Webster As A Participant In Outside Organizations For 2023 RESOLUTION 23 -013.PDF Resolution 23 -014 Approving An Agreement With The Minnesota Department Of Transportation To Act As The City's Agent In Accepting Federal Aid COVER MEMO.PDF AGREEMENT.PDF RESOLUTION 23 -014.PDF Public Hearing. Reports From Commission And Staff. General Business Of Council. Resolution 23 -015 - Approving The 2023 Agreements With The Northeast Youth And Family Services (NYFS) Angela Lewis -Dmello, President & CEO NYFS, presenting. NYFS PRESENTATION 2023.PDF NYFS ANNUAL REPORT FY 2022 FINAL.PDF NYFS AGREEMENT.PDF COMMUNITY ADVOCATE PROFESSIONAL SERVICES AGREEMENT.PDF RESOLUTION 23 -015.PDF Ordinance 2022 -09 - Amending Section 50.16 Of Chapter 50 Storm Water And Sanitary Sewers Charlie Yunker, City Manager, presenting. COVER MEMO WSB.PDF SAV II ORDINANCE 2022 -09 - REDLINED.PDF NOTICE - PUBLIC HEARING II.PDF Resolution 23 -016 Approving Summary Publication For Ordinance 2022 -09 RESOLUTION 23 -016.PDF Resolution 23 -017 - Approving The Contract Agreement With Aspen Waste Systems, Inc. For Solid Waste And Recycling Services COVER MEMO.PDF CONTRACT.PDF RESOLUTION 23 -017.PDF 2022 Goals Update 2022 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I.II.III.IV.V.A.VI.A.Documents:B.Documents:C.Documents:D.Documents: E. Documents: F. Documents: G. Documents: H. Documents: I. Documents: J. Documents: K. Documents: L. Documents: M. Documents: N. Documents: O. Documents: P. Documents: Q. Documents: VII. VIII. IX. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: X. XI. XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, January 10, 2023 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Students In Government PresentationsConsent Agenda.Approval Of CC Meeting MinutesCC 12 -13 -2022.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims1-11 -23.PDFResolution 23 -001 - Accepting Donations And Grants 4th Quarter Of 2022RESOLUTION 23 -001.PDFResolution 23 -002 - Designating Steve Carlson The Prosecuting Attorney For The City Of St. AnthonyRESOLUTION 23 -002.PDFResolution 23 -003 - Designating Councilmember Webster As Mayor Pro Tem For The 2023 Calendar YearRESOLUTION 23 -003.PDFResolution 23 -004 - Authorizing The Mayor, City Manager And Finance Director To Make Certain Transactions Regarding City Financial Accounts For The 2023 Calendar YearRESOLUTION 23 -004.PDFResolution 23 -005 - Designating US Bank, N.A. Of Saint Anthony Village As The Official Depository For City Funds For The 2023 Calendar YearRESOLUTION 23 -005.PDFResolution 23 -006 - Designating The Star Tribune The Legal Newspaper For The City Of Saint Anthony Village For The 2023 Calendar YearRESOLUTION 23 -006.PDFResolution 23 -007 - Adopting The Standing Rules Of Conduct For City Council Meetings For 2023STANDING RULES OF CONDUCT 2023.PDFRESOLUTION 23 -007.PDFResolution 23 -008 Adopting The Elected Officials Travel Policy For 2023ELECTED OFFICAL OUT OF STATE TRAVEL POLICY 2023.PDFRESOLUTION 23 -008.PDFResolution 23 -009 - Designating Mayor Stille As A Participant In Outside Organizations For 2023 RESOLUTION 23 -009.PDF Resolution 23 -010 - Designating Councilmember Jenson As A Participant In Outside Organizations For 2023 RESOLUTION 23 -010.PDF Resolution 23 -011 - Designating Councilmember Randle As A Participant In Outside Organizations For 2023 RESOLUTION 23 -011.PDF Resolution 23 -012 - Designating Councilmember Walker As A Participant In Outside Organizations For 2023 RESOLUTION 23 -012.PDF Resolution 23 -013 - Designating Councilmember Webster As A Participant In Outside Organizations For 2023 RESOLUTION 23 -013.PDF Resolution 23 -014 Approving An Agreement With The Minnesota Department Of Transportation To Act As The City's Agent In Accepting Federal Aid COVER MEMO.PDF AGREEMENT.PDF RESOLUTION 23 -014.PDF Public Hearing. Reports From Commission And Staff. General Business Of Council. Resolution 23 -015 - Approving The 2023 Agreements With The Northeast Youth And Family Services (NYFS) Angela Lewis -Dmello, President & CEO NYFS, presenting. NYFS PRESENTATION 2023.PDF NYFS ANNUAL REPORT FY 2022 FINAL.PDF NYFS AGREEMENT.PDF COMMUNITY ADVOCATE PROFESSIONAL SERVICES AGREEMENT.PDF RESOLUTION 23 -015.PDF Ordinance 2022 -09 - Amending Section 50.16 Of Chapter 50 Storm Water And Sanitary Sewers Charlie Yunker, City Manager, presenting. COVER MEMO WSB.PDF SAV II ORDINANCE 2022 -09 - REDLINED.PDF NOTICE - PUBLIC HEARING II.PDF Resolution 23 -016 Approving Summary Publication For Ordinance 2022 -09 RESOLUTION 23 -016.PDF Resolution 23 -017 - Approving The Contract Agreement With Aspen Waste Systems, Inc. For Solid Waste And Recycling Services COVER MEMO.PDF CONTRACT.PDF RESOLUTION 23 -017.PDF 2022 Goals Update 2022 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I.II.III.IV.V.A.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:G.Documents:H.Documents:I.Documents:J.Documents:K.Documents:L.Documents: M. Documents: N. Documents: O. Documents: P. Documents: Q. Documents: VII. VIII. IX. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: X. XI. XII. A. Documents: XIII. 3 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, January 10, 2023 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Students In Government PresentationsConsent Agenda.Approval Of CC Meeting MinutesCC 12 -13 -2022.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims1-11 -23.PDFResolution 23 -001 - Accepting Donations And Grants 4th Quarter Of 2022RESOLUTION 23 -001.PDFResolution 23 -002 - Designating Steve Carlson The Prosecuting Attorney For The City Of St. AnthonyRESOLUTION 23 -002.PDFResolution 23 -003 - Designating Councilmember Webster As Mayor Pro Tem For The 2023 Calendar YearRESOLUTION 23 -003.PDFResolution 23 -004 - Authorizing The Mayor, City Manager And Finance Director To Make Certain Transactions Regarding City Financial Accounts For The 2023 Calendar YearRESOLUTION 23 -004.PDFResolution 23 -005 - Designating US Bank, N.A. Of Saint Anthony Village As The Official Depository For City Funds For The 2023 Calendar YearRESOLUTION 23 -005.PDFResolution 23 -006 - Designating The Star Tribune The Legal Newspaper For The City Of Saint Anthony Village For The 2023 Calendar YearRESOLUTION 23 -006.PDFResolution 23 -007 - Adopting The Standing Rules Of Conduct For City Council Meetings For 2023STANDING RULES OF CONDUCT 2023.PDFRESOLUTION 23 -007.PDFResolution 23 -008 Adopting The Elected Officials Travel Policy For 2023ELECTED OFFICAL OUT OF STATE TRAVEL POLICY 2023.PDFRESOLUTION 23 -008.PDFResolution 23 -009 - Designating Mayor Stille As A Participant In Outside Organizations For 2023RESOLUTION 23 -009.PDFResolution 23 -010 - Designating Councilmember Jenson As A Participant In Outside Organizations For 2023RESOLUTION 23 -010.PDFResolution 23 -011 - Designating Councilmember Randle As A Participant In Outside Organizations For 2023RESOLUTION 23 -011.PDFResolution 23 -012 - Designating Councilmember Walker As A Participant In Outside Organizations For 2023RESOLUTION 23 -012.PDFResolution 23 -013 - Designating Councilmember Webster As A Participant In Outside Organizations For 2023RESOLUTION 23 -013.PDFResolution 23 -014 Approving An Agreement With The Minnesota Department Of Transportation To Act As The City's Agent In Accepting Federal AidCOVER MEMO.PDFAGREEMENT.PDFRESOLUTION 23 -014.PDFPublic Hearing.Reports From Commission And Staff.General Business Of Council.Resolution 23 -015 - Approving The 2023 Agreements With The Northeast Youth And Family Services (NYFS)Angela Lewis -Dmello, President & CEO NYFS, presenting.NYFS PRESENTATION 2023.PDFNYFS ANNUAL REPORT FY 2022 FINAL.PDFNYFS AGREEMENT.PDFCOMMUNITY ADVOCATE PROFESSIONAL SERVICES AGREEMENT.PDFRESOLUTION 23 -015.PDF Ordinance 2022 -09 - Amending Section 50.16 Of Chapter 50 Storm Water And Sanitary Sewers Charlie Yunker, City Manager, presenting. COVER MEMO WSB.PDF SAV II ORDINANCE 2022 -09 - REDLINED.PDF NOTICE - PUBLIC HEARING II.PDF Resolution 23 -016 Approving Summary Publication For Ordinance 2022 -09 RESOLUTION 23 -016.PDF Resolution 23 -017 - Approving The Contract Agreement With Aspen Waste Systems, Inc. For Solid Waste And Recycling Services COVER MEMO.PDF CONTRACT.PDF RESOLUTION 23 -017.PDF 2022 Goals Update 2022 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I.II.III.IV.V.A.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:G.Documents:H.Documents:I.Documents:J.Documents:K.Documents:L.Documents:M.Documents:N.Documents:O.Documents:P.Documents:Q.Documents:VII.VIII.IX.A.Documents: B. Documents: C. Documents: D. Documents: E. Documents: X. XI. XII. A. Documents: XIII. 4 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, January 10, 2023 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Students In Government PresentationsConsent Agenda.Approval Of CC Meeting MinutesCC 12 -13 -2022.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims1-11 -23.PDFResolution 23 -001 - Accepting Donations And Grants 4th Quarter Of 2022RESOLUTION 23 -001.PDFResolution 23 -002 - Designating Steve Carlson The Prosecuting Attorney For The City Of St. AnthonyRESOLUTION 23 -002.PDFResolution 23 -003 - Designating Councilmember Webster As Mayor Pro Tem For The 2023 Calendar YearRESOLUTION 23 -003.PDFResolution 23 -004 - Authorizing The Mayor, City Manager And Finance Director To Make Certain Transactions Regarding City Financial Accounts For The 2023 Calendar YearRESOLUTION 23 -004.PDFResolution 23 -005 - Designating US Bank, N.A. Of Saint Anthony Village As The Official Depository For City Funds For The 2023 Calendar YearRESOLUTION 23 -005.PDFResolution 23 -006 - Designating The Star Tribune The Legal Newspaper For The City Of Saint Anthony Village For The 2023 Calendar YearRESOLUTION 23 -006.PDFResolution 23 -007 - Adopting The Standing Rules Of Conduct For City Council Meetings For 2023STANDING RULES OF CONDUCT 2023.PDFRESOLUTION 23 -007.PDFResolution 23 -008 Adopting The Elected Officials Travel Policy For 2023ELECTED OFFICAL OUT OF STATE TRAVEL POLICY 2023.PDFRESOLUTION 23 -008.PDFResolution 23 -009 - Designating Mayor Stille As A Participant In Outside Organizations For 2023RESOLUTION 23 -009.PDFResolution 23 -010 - Designating Councilmember Jenson As A Participant In Outside Organizations For 2023RESOLUTION 23 -010.PDFResolution 23 -011 - Designating Councilmember Randle As A Participant In Outside Organizations For 2023RESOLUTION 23 -011.PDFResolution 23 -012 - Designating Councilmember Walker As A Participant In Outside Organizations For 2023RESOLUTION 23 -012.PDFResolution 23 -013 - Designating Councilmember Webster As A Participant In Outside Organizations For 2023RESOLUTION 23 -013.PDFResolution 23 -014 Approving An Agreement With The Minnesota Department Of Transportation To Act As The City's Agent In Accepting Federal AidCOVER MEMO.PDFAGREEMENT.PDFRESOLUTION 23 -014.PDFPublic Hearing.Reports From Commission And Staff.General Business Of Council.Resolution 23 -015 - Approving The 2023 Agreements With The Northeast Youth And Family Services (NYFS)Angela Lewis -Dmello, President & CEO NYFS, presenting.NYFS PRESENTATION 2023.PDFNYFS ANNUAL REPORT FY 2022 FINAL.PDFNYFS AGREEMENT.PDFCOMMUNITY ADVOCATE PROFESSIONAL SERVICES AGREEMENT.PDFRESOLUTION 23 -015.PDFOrdinance 2022 -09 - Amending Section 50.16 Of Chapter 50 Storm Water And Sanitary SewersCharlie Yunker, City Manager, presenting.COVER MEMO WSB.PDFSAV II ORDINANCE 2022 -09 - REDLINED.PDFNOTICE - PUBLIC HEARING II.PDFResolution 23 -016 Approving Summary Publication For Ordinance 2022 -09RESOLUTION 23 -016.PDFResolution 23 -017 - Approving The Contract Agreement With Aspen Waste Systems, Inc. For Solid Waste And Recycling ServicesCOVER MEMO.PDFCONTRACT.PDFRESOLUTION 23 -017.PDF2022 Goals Update2022 GOALS CHART.PDFReports From City Manager And Council Members.Community ForumIndividuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda.Information And Announcements.Future Agenda ItemsFUTURE AGENDA ITEMS.PDFAdjournmentIf you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. I.II.III.IV.V.A.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:G.Documents:H.Documents:I.Documents:J.Documents:K.Documents:L.Documents:M.Documents:N.Documents:O.Documents:P.Documents:Q.Documents:VII.VIII.IX.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:X.XI.XII.A.Documents:XIII. 5 THIS PAGE LEFT INTENTIONALLY BLANK 6 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 DECEMBER 13, 2022 4 5 CALL TO ORDER. 6 7 Mayor Stille called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Stille invited the Boy Scouts present, Council and audience to join in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Stille, Councilmembers Jenson, Walker and Webster 16 17 Absent:Councilmember Randle. 18 19 Also Present:City Manager Charlie Yunker, Finance Director Shelly Rueckert, City Planner Steve 20 Grittman, Assistant to the City Manager Nicole Miller, and POLCO Senior Survey 21 Associate Joe Dell’Olio (remote), 22 23 24 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 25 ITEMS. 26 27 I.APPROVAL OF DECEMBER 13, 2022 CITY COUNCIL MEETING AGENDA. 28 29 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve the City 30 Council Meeting Agenda of December 13, 2022 as presented. 31 32 Motion carried 4-0. 33 34 II.PROCLAMATIONS AND RECOGNITION - NONE. 35 36 III.CONSENT AGENDA. 37 A.38 Approval of November 22, 2022 City Council Meeting Minutes. B.39 Licenses and Permits. C.40 Claims. D.41 Resolution 22-082 – Approving the 2023 Salary of the City Manager. E.42 Appoint Student Liaison to Parks and Environmental and Planning Commissions. 43 44 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve the 45 Consent Agenda items. 46 47 Motion carried 4-0. 48 49 IV.PUBLIC HEARING. 7 City Council Regular Meeting Minutes December 13, 2022 Page 2 1 A.2 Resolution 22-083 – Setting the Final 2023 Tax Levy and General Operating Budget for 3 the City of St. Anthony Village. 4 5 Mayor Stille opened the public hearing at 7:03 p.m. 6 7 Finance Director Shelly Rueckert reviewed at the September 13, 2022 City Council meeting City 8 Staff presented the proposed 2023 general fund operating budget and 2023 overall levy. The 9 2023 Budget Calendar was reviewed in detail. Staff has affirmed the proposed 2023 overall levy 10 is $8,687,425 which represents an increase of $444,333 or a 5.39% increase compared to the 11 2022 overall levy. The standard parameters used for preparing the General Fund Budget and 12 Levy include City revenues budgeted at current run rates for sources that are subject to trends 13 and conservative baseline estimates for re-occurring aids and charges for services; expenses 14 budgeted at amounts that will maintain present level of City services; and liquor transfers to the 15 General Fund are based on liquor operating results. The charts of the Path to the 2023 Tax Levy 16 were shown. The overall Levy by Fund Type is General/HRA 65%, Debt Service 29% and 17 Capital & Building Improvements 6%. The General Fund Revenues and General Fund 18 Expenditures charts were shown. 19 20 Ms. Rueckert reviewed the 2023 Budget Cost Drivers which consisted of Personnel costs: 70.9% 21 of expenditures, overall costs up $615,423 or 10.98%; Contracted services: 10.3% of 22 expenditures, overall costs up $15,913; Other Insurance Costs – 4.3% of expenditures, overall 23 costs up by $25,077; Pass through costs: 2.3% of expenditures, costs up $18,572; and 24 Remaining budget line items combined total $1,067,109 or 12.2% of expenditures, costs up 25 $85,835. 26 27 The 2023 Property Taxes were reviewed. A median single family home value of $396,000, 8.2% 28 increase over 2022. A chart showing the 2023 Property Tax Distribution and also a chart of the 29 Distribution of City Taxes were displayed. 30 31 Ms. Rueckert reviewed the Issuance of 2022A G.O. Bonds to cover Street Reconstruction and 32 Utilities replacement; mills and overlays and alleys. The Impact of Debt Levy Relief was 33 reviewed. A summary of the 2023 budget was provided. 34 35 Councilmember Webster thanked Ms. Rueckert for listening for feedback from residents and for 36 taking extra steps to make the presentation very clear. 37 38 Councilmember Jenson complimented Ms. Rueckert for the presentation with the detail and 39 transparency provided. He knows it takes a lot of time to prepare. He thanked City Staff for their 40 work. 41 42 Mayor Stille asked to review the Distribution of City Taxes slide. He stated this is the City taxes. 43 An average home in St. Anthony will pay $2,430.96 in taxes. 44 45 Mayor Stille closed the public hearing at 7:33 p.m. 46 8 City Council Regular Meeting Minutes December 13, 2022 Page 3 1 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve 2 Resolution 22-083 – Setting the Final 2023 Tax Levy and General Operating Budget for the City 3 of St. Anthony Village. 4 5 Motion carried 4-0. 6 7 V.REPORTS FROM COMMISSION AND STAFF. 8 A.9 Resolution 22-084 – Approving the Lot Split at 2601 Stinson Blvd NE. 10 11 City Planner Steve Grittman reviewed in late 2020, the owners of the Urban Grove manufactured 12 home park requested a simple subdivision of the Urban Grove 15+ acre parcel, carving out a 13 separate 4.3 acre parcel along Stinson Parkway for an assisted-living residential project, to be 14 known as Hayden Grove. That subdivision was approved by the City Council and the Hayden 15 Grove project was commenced. As part of the due diligence process by a prospective purchaser 16 of the Urban Grove site, it was discovered that the recorded subdivision did not match that of the 17 original application nor the Council’s approval. Two discrepancies were found. First, the north- 18 south boundary line between the two parcels appeared to be shifted west by 100 feet, 19 significantly reducing the size of the Hayden Grove site. Second, the Hayden Grove property 20 was shown to have also acquired a narrow strip of land along the north side of the Urban Grove 21 site, along the south side of the existing alley. 22 23 In investigating the discrepancies, it was found that the north-south boundary line was in fact a 24 mistake of the Hennepin County GIS department and that boundary is being redrawn on the 25 County’s property website to match the original approval. The narrow strip, however, was a 26 mistake in the legal description submitted by the original applicant’s surveyor. As such, the two 27 property owners (of both Hayden Grove and Urban Grove) have submitted a joint application to 28 redraw the subdivision, correcting the errant descriptions. 29 30 The new application subdivides that remnant strip from the Hayden Grove (SA Senior Living) 31 parcel and re-conveys it to the owners of the Urban Grove parcel (The Village LLC). To ensure 32 that this remnant strip is not left as a separate parcel, a condition of this approval is to require 33 that the strip is concurrently recombined with the Village LLC parcel. That intent is expressed in 34 the proposed legal descriptions submitted as a part of the application. By approving this minor 35 subdivision, the Council would return the properties to match the descriptions as originally 36 intended and approved. 37 38 Minor subdivisions proceed directly to the City Council for consideration, without a requirement 39 for Planning Commission review or public hearing. 40 41 Staff recommends approval of the proposed subdivision, based on the following findings: 42 1.43 The proposed parcels exceed both zoning requirements and the minimum thresholds for 44 consideration of subdivision without platting. 2.45 The parcels created will accommodate the proposed land uses allowed on the property under 46 existing and/or future plans. 9 City Council Regular Meeting Minutes December 13, 2022 Page 4 3.1 Platting is not necessary for these two parcels, and the process for platting would create an 2 unnecessary procedural requirement for a minor subdivision as proposed. 4.3 The minor subdivision does not interfere with the purposes of the Subdivision Ordinance, the 4 Zoning Ordinance, or other applicable regulations and plans. 5 6 Staff recommends approval subject to the following conditions: 7 a.8 County acceptance of the descriptions for recording, as submitted. b.9 The Village, LLC, concurrently recombines the subdivided narrow strip described in the 10 document entitled “Legal Description for Conveyance from SA Senior Living LLC to The 11 Village LLC” to the principal Village parcel, and no more than 2 parcels remain once all 12 actions have been recorded. No separate use or building rights are granted to the narrow strip 13 created by this subdivision. c.14 Continued cooperation with the City related to any final review of utility needs and impacts 15 serving the proposed uses. 16 17 Councilmember Jenson asked if any reconstruction is necessary for either property owner and 18 Mr. Grittman stated everything is being built as originally approved. 19 20 Mayor Stille requested a signed application be obtained and added as a 4th condition for 21 approval. Mr. Grittman stated he will obtain signatures from both parties. 22 23 Motion by Councilmember Jenson, seconded by Councilmember Walker, to approve Resolution 24 22-084 – Approving the Lot Split at 2601 Stinson Blvd NE with four conditions. 25 26 Motion carried 4-0. 27 28 VI.GENERAL BUSINESS OF COUNCIL. 29 A.30 Presentation of the 2022 National Community Survey 31 32 Assistant to the City Manager Nicole Miller and POLCO Senior Survey Associate Joe Dell’Olio 33 presented the results of the 2022 National Community Survey. Ms. Miller reviewed the City of 34 St. Anthony conducted The National Community Survey August 1, 2022 through September 19, 35 2022. The NCS evaluates the “livability” of St. Anthony. The phrase “livable community” is 36 used to describe a place that is not simply habitable, but that is desirable. Great communities 37 include partnerships between government, private sector, community organizations, and 38 residents. The NCS captures residents’ opinions on the following ten facets of community: 39 Economy 40 Mobility 41 Community Design 42 Utilities 43 Safety 44 Natural Environment 45 Parks and Recreation 46 Health and Wellness 10 City Council Regular Meeting Minutes December 13, 2022 Page 5 1 Education, Arts and Culture 2 Inclusivity and Engagement 3 4 Based on the questions asked, both council and staff can use the results for strategic planning, 5 operations planning and evaluation of comparisons to other cities to gauge how St. Anthony 6 compares to other local or national communities in determining trends. Ms. Miller noted the full 7 survey results can be found at savmn.com/communitysurvey 8 9 Mr. Joe Dell’Olio reviewed the presentation of the results. He introduced himself, his team and 10 talked about POLCO. There were 582 total responses received showing a 22% overall response 11 rate of the 2800 probability-based sample households. The conclusions of the survey were: 12 1.13 St. Anthony Village’s economy is a strong community feature. 2.14 Residents appreciate the St. Anthony Village’s natural environment and recreational 15 opportunities. 3.16 Most residents feel a strong sense of safety in the St. Anthony Village. 4.17 Residents value the City’s utility infrastructure. 5.18 Residents show trust in Village leadership. 19 20 Councilmember Webster asked about the economy by demographic slide. Mr. Dell’Olio stated 21 the ratings were good to excellent. 22 23 Councilmember Jenson stated St. Anthony wants to be a safe walkable and welcoming 24 community. This survey provides a good baseline to work from. He was pleasantly pleased with 25 the results. 26 27 Councilmember Walker referred to slide #12 safety and demographics. He asked why race and 28 Hispanic origin. Mr. Dell’Olio stated that wording is used on the census. 29 30 Mayor Stille stated the survey results will be used in the future. For a thriving community, we 31 need to feel safe. Mayor Stille congratulated Staff on the results. 32 B.33 Resolution 22-085 – Authorizing Transfers and Closing of Specified Funds 34 35 Finance Director Rueckert reviewed generally the approval of transfers is a consent agenda item. 36 This year it is an agenda item as it contains information as to the use of American Rescue Plan 37 Act (ARPA) funds. Staff has reviewed with City Council the elidable uses in prior meetings. The 38 uses listed in the transfers schedule are consistent with the areas of spending approved by the 39 City Council in prior meetings. The 2022 estimated actual expenditures of ARPA funds shown 40 of the attached transfers schedule equal $433,607. The ARPA funds received by the City 41 $984,950. These funds were used for the following: 42 Foss Road ditch restoration - $62,736 43 Alley Storm Water improvement - $39,415 44 Harding pond 2022 Estimated Restoration costs - $30,535 45 Fire Engine chassis - $300,921 46 11 City Council Regular Meeting Minutes December 13, 2022 Page 6 1 This leaves the City with $551,353 in ARPA funds. These funds will be used in 2023 for the 2 completion of the Harding restoration and the build out of the Fire Engine chassis, consistent 3 with existing guidance. After the completion of the noted projects, if any funds remain, Staff 4 will seek Council guidance for the use of the remaining funds. Staff recommends the approval of 5 the transfers in Resolution 22-085 that includes the use of ARPA funds. 6 7 Motion by Councilmember Walker, seconded by Councilmember Jenson, to approve Resolution 8 22-085 – Authorizing Transfers and Closing of Specified Funds. 9 10 Motion carried 4-0. 11 C.12 Ordinance 2022-10 – Amending Chapter 33 Section 33.061 Building Permit Fees 13 14 City Manager Yunker reviewed this is the second reading of the proposed Building permit fees 15 for 2023. In May the City of St. Anthony Village began contracting with MSPECT for Building 16 Official services. MNSPECT along with staff have reviewed our building permit fees and 17 recommend the proposed changes. 18 19 Motion by Councilmember Walker, seconded by Councilmember Webster, to waive Third 20 Reading and adoption of Ordinance 2022-10 – Amending Chapter 33 Section 33.061 Building 21 Permit Fees. 22 23 Motion carried 4-0. 24 D.25 Ordinance 2022-08 – Amending Multiple Sections Relating to Sewer, Water, and 26 Stormwater Fees and Other Fees. 27 28 City Manager Yunker reviewed the power point presentation of 2023 Utility Rates. This is the 29 final reading of the Ordinance. 30 31 Motion by Councilmember Jenson, seconded by Councilmember Webster, to adopt final reading 32 of Ordinance 2022-08 – Amending Multiple Sections Relating to Sewer, Water and Stormwater 33 Fees and Other Fees. 34 35 Motion carried 4-0. 36 E.37 Resolution 22-086 Approving Summary Publication for Ordinance 2022-08 and 38 Ordinance 2022-10 39 40 City Manager Yunker reviewed this is a resolution approving summary publication for the two 41 ordinances previously adopted. 42 43 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve Resolution 44 22-086 Approving Summary Publication for Ordinance 2022-08 and Ordinance 2022-10. 45 46 Motion carried 4-0. 12 City Council Regular Meeting Minutes December 13, 2022 Page 7 1 F.2 Ordinance 2022-09 – Amending Section 50.16 of Chapter 50 Storm Water and Sanitary 3 Sewers. 4 5 City Manager Yunker reviewed City Staff has worked closely with the Metropolitan Council of 6 Environmental Services (MCES) to establish a Memorandum of Understanding (MOU) related 7 to the Ongoing Inflow and Infiltration (I/I) Program. This MOU was approved by the City 8 Council on June 14, 2022. 9 10 Under the terms of the MOU, the City has agreed to adopt and implement ordinances which will 11 require an amendment to the City Code, specifically, Section 50.16 of the Chapter 50 Storm 12 Water and Sanitary Sewers. 13 14 The proposed language in the amendment established a “point of sale” I/I inspection of all 15 sanitary sewer service laterals. When existing homes and commercial properties within the City 16 are sold, the City will administer an ongoing program requiring a video condition inspection of 17 the sanitary sewer service lateral. The proposed language adds sanitary sewer service inspection 18 to the “point of sale” I/I inspection. 19 20 Staff recommends the City Council hold Second Reading of the Ordinance. 21 22 Motion by Councilmember Walker, seconded by Councilmember Jenson, to approve second 23 reading of Ordinance 2022-09 – Amending Section 50.16 of Chapter 50 Storm Water and 24 Sanitary Sewers. 25 26 Motion carried 4-0. 27 G.28 Resolution 22-087 – Approving the 2023 Fee Schedule 29 30 City Manager Yunker reviewed the resolution is to approve the 2023 Fee Schedule. Staff has 31 reviewed the entire fee schedule and recommends changes noted in the proposed schedule. 32 Changes include: 33 Amendments to building, electrical, mechanical, and plumbing permit fees. 34 Addition of special investigation fee (applicable when work is started prior to obtaining a 35 permit). 36 Amendments to manufactured home permit fees. 37 Amendment to bus bench license fee. 38 Amendments to land use application fees. 39 Amendments to rental license fees. 40 Addition of escrow for right of way permits. 41 Amendments to water meter fees. 42 43 Motion by Councilmember Jenson, seconded by Councilmember Webster, to approve Resolution 44 22-087 – Approving the 2023 Fee Schedule. 45 46 Motion carried 4-0. 13 City Council Regular Meeting Minutes December 13, 2022 Page 8 H.1 Resolution 22-088 – Approving the 2023 Appointments and Appointing the Chair and 2 Vice Chair to the Planning Commission. 3 4 City Manager Yunker reviewed Council is requested to approve a resolution approving the 2023 5 appointments and appointing the Chair and Vice Chair to the Planning Commission. 6 7 Planning Commission application information was advertised in the Fall 2022 Village Notes and 8 on the City’s website. There are two (2) vacancies, and seven (7) applications were received and 9 all were interviewed by the Mayor and Council. The Mayor and City Council individually and 10 City Council then agreed by consensus on appointing Paul Morita and Corey Erickson for a three 11 year appointment along with appointing Meredith Socha as Chair and Paul Morita as Vice Chair. 12 13 Motion by Councilmember Walker, seconded by Councilmember Webster, to approve 14 Resolution 22-088 – Approving the 2023 Appointments and Appointing the Chair and Vice 15 Chair to the Planning Commission. 16 17 Motion carried 4-0. 18 I.19 Resolution 22-089 – Approving the 2023 Appointments and Appointing the Chair and 20 Vice Chair to the Parks and Environmental Commission. 21 22 City Manager Yunker reviewed Council is requested to approve a resolution approving the 2023 23 appointments and appointing the Chair and Vice Chair to the Parks and Environmental 24 Commission. 25 26 Parks & Environmental Commission application information was advertised in the Fall 2022 27 Village Notes and on the City’s website. There are two (2) vacancies, and five (5) applications 28 were received and all were interviewed by the Mayor and City Council. The Mayor and City 29 Council individually and City Council then agreed by consensus on appointing Lona Doolan and 30 Lily Fe for a three-year appointment along with appointing Therese Bordeau as Chair and 31 Michael Guest as Vice Chair. 32 33 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve Resolution 34 22-089 – Approving the 2023 Appointments and Appointing the Chair and Vice Chair to the 35 Parks and Environmental Commission. 36 37 Motion carried 4-0. 38 39 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 40 41 City Manager Yunker thanked the entire City Staff for all the great work they did in 2022. 42 43 Councilmember Webster she attended the joint meeting of the City Council, Planning 44 Commission, and Parks and Environmental Commission Meeting on November 29. On 45 December 7, the interviews were wrapped up for the Commission openings. On Thanksgiving 46 morning she saw residents running past her home. She went outside and around the corner and 14 City Council Regular Meeting Minutes December 13, 2022 Page 9 1 saw that a neighbor had created a Turkey Trot for the residents on Edwards Street. She observed 2 a group of parents who donated toys and posted a buy nothing toy store. Seventy-six families 3 were served. She announced the Holiday Train and the Santa on the fire truck dates. 4 5 Councilmember Jenson participated in the joint meeting on November 29. On December 1, he 6 attended The Northeast Youth and Family Services Board Meeting. On December 2, he attended 7 the Executive Committee for the Ramsey County Local League of Governments. On December 8 7, he attended in the work-session. On December 9, he attended the Ramsey County Local 9 League of Governments Board Meeting. 10 11 Councilmember Walker attended the joint meeting on November 29 and the interviews for the 12 commission openings. 13 14 Mayor Stille stated on December 5 he attended a meeting speaking with the scouts. On 15 December 12, he attended the Regional Council of Mayors Meeting. 16 17 VIII.COMMUNITY FORUM - NONE. 18 19 No one appeared to address the Council. 20 21 IX.INFORMATION AND ANNOUNCEMENTS. 22 23 Councilmember Jenson announced on December 15, 2022, the Ramsey County Local League of 24 Governments has their annual dinner and program. 25 26 Mayor Stille stated the next scheduled meeting is December 27, 2022 and this meeting will be 27 cancelled. 28 29 X. ADJOURNMENT. 30 31 Mayor Stille adjourned the meeting at 8:41 p.m. 32 33 Respectfully submitted, 34 Debbie Wolfe 35 TimeSaver Off Site Secretarial, Inc. 36 37 Mayor 38 ATTEST: 39 City Clerk 40 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 Saint Anthony Village DATE: January 10, 2023 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Steiner Construction Services, Eden Prairie, MN Mechanical Licenses: Airics Heating & Air Conditioning, Minneapolis, MN All Climate Mechanical, Coon Rapids, MN Galaxy Mechanical, Ham Lake, MN Metropolitan Mechanical Contractors, Eden Prairie, MN Veteran Mechanical, Prior Lake, MN Residential Rental Licenses: Applicant:Urban Grove Location:2501 Lowry Ave #107,108,109,121,204,210,214,319,520,522,524,528 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 12/29/2022 - 1/11/2023 Jan 05, 2023 10:51AM Vendor Number Payee Check Issue Date Amount 1118 56 BREWING 12/29/2022 725.00 10037 AHO/JESSIE 12/29/2022 125.00 10039 AIRGAS USA LLC 12/29/2022 84.46 1122 AM CRAFTS SPIRITS 12/29/2022 58.49 10067 AMERICAN LEGAL PUBLISHING CORPORATION 12/29/2022 .00 V 10092 APACHE GROUP 12/29/2022 752.60 1100 ARTISIAN BEER COMPANY 12/29/2022 16,033.40 2030 BALD MAN BREWING 12/29/2022 416.80 1013 BELLBOY CORPORATION 12/29/2022 8,201.70 1014 BELLBOY CORPORATION 12/29/2022 532.50 2009 BLACK STACK BREWING 12/29/2022 859.00 8544 BOURGET IMPORTS 12/29/2022 482.00 1018 BREAKTHRU BEVERAGE MN BEER 12/29/2022 28,190.76 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 12/29/2022 30,811.37 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 12/29/2022 3,808.30 12197 BRIN NORTHWESTERN GLASS COMPANY 12/29/2022 2,249.32 1114 CANNON RIVER WINERY 12/29/2022 360.00 1017 CAPITOL BEVERAGE SALES 12/29/2022 18,987.92 10252 CENTERPOINT ENERGY 12/29/2022 1,776.66 12703 CENTERPOINT ENERGY MN GAS 12/29/2022 111.00 10263 CENTURYLINK 12/29/2022 798.14 12596 CINTAS CORPORATION 12/29/2022 3,057.16 10293 CITY OF ROSEVILLE 12/29/2022 16,359.79 1010 CLEAR RIVER BEVERAGE COMPANY 12/29/2022 1,998.80 10326 COMMERS CONDITIONED WATER 12/29/2022 8.50 12924 COREMARK METALS 12/29/2022 211.05 1042 CRYSTAL SPRINGS ICE 12/29/2022 261.10 12821 CUSHMAN MOTOR CO INC 12/29/2022 38.12 13183 CUSTOM CAP & TIRE 12/29/2022 3,205.52 11796 DO GOOD BIZ INC 12/29/2022 419.59 10432 DORSEY & WHITNEY 12/29/2022 2,015.50 10458 ECONOMIC DEVELOPMENT 12/29/2022 320.00 10468 ELECTRO WATCHMAN INC 12/29/2022 325.53 2042 ELM CREEK BREWING COMPANY 12/29/2022 138.00 10471 EMBEDDED SYSTEMS, INC.12/29/2022 581.16 10474 EMERGENCY AUTOMOTIVE TECH, INC 12/29/2022 478.25 2036 FALLING KNIFE BREWING CO 12/29/2022 335.00 10501 FASTENAL COMPANY 12/29/2022 193.78 10508 FERGUSON WATERWORKS 12/29/2022 168.17 10523 FISCHER/MERLE 12/29/2022 125.00 10526 FLEETPRIDE 12/29/2022 353.69 11998 FOTH INFRASTRUCTURE ENVIRONM LLC 12/29/2022 330.00 11866 GALLS 12/29/2022 462.99 10585 GRAINGER 12/29/2022 330.06 1021 GREAT LAKES COCA COLA 12/29/2022 996.48 12928 GREAT NORTHERN ENVIRONMENTAL 12/29/2022 77.30 10624 HAWKINS INC 12/29/2022 587.95 2024 HEADFLYER BREWING 12/29/2022 674.00 10642 HENNEPIN COUNTY TREASURER 12/29/2022 1,662.45 10663 HENNEPIN COUNTY TREASURER 12/29/2022 701.52 10661 HENNEPIN COUNTY TREASURER 12/29/2022 4,912.21 1019 HOHENSTEIN'S INC 12/29/2022 19,710.45 10684 HOME DEPOT CREDIT SERVICES 12/29/2022 173.80 19 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 12/29/2022 - 1/11/2023 Jan 05, 2023 10:51AM Vendor Number Payee Check Issue Date Amount 2013 INBOUND BREW CO 12/29/2022 883.75 2044 INSIGHT BREWING COMPANY 12/29/2022 932.95 10733 INSTRUMENTAL RESEARCH, INC.12/29/2022 105.00 11754 INTEGRATED LOSS CONTROL INC.12/29/2022 636.00 12105 INTERSTATE ALL BATTERY CENTER 12/29/2022 537.80 13052 JEFF BELZERS ROSEVILLE 12/29/2022 292.01 1004 JOHNSON BROTHERS LIQUOR COMPANY.12/29/2022 10,736.34 1005 JOHNSON BROTHERS LIQUOR COMPANY.12/29/2022 11,865.55 1006 JOHNSON BROTHERS LIQUOR COMPANY.12/29/2022 16,938.23 1044 JOHNSON BROTHERS LIQUOR COMPANY.12/29/2022 53,451.56 10797 KONICA MINOLTA BUSINESS 12/29/2022 139.75 2028 LADONA CERVECERIA 12/29/2022 154.00 10813 LANDSCAPEFORMS, INC.12/29/2022 3,330.00 10816 LANGUAGE LINE SERVICES 12/29/2022 79.20 10831 LEAGUE OF MINNESOTA CITIES 12/29/2022 350.00 12894 LEAST SERVICE COUNSELING LLC 12/29/2022 1,025.00 12757 LEXIPOL LLC 12/29/2022 12,257.67 10861 LOFFLER COMPANIES - 131511 12/29/2022 245.64 2010 LUPULIN BREWING 12/29/2022 2,005.85 13226 LYON CONTRACTING 12/29/2022 445.22 1022 M. AMUNDSON LLP 12/29/2022 1,838.77 11985 MANSFIELD OIL COMPANY 12/29/2022 8,506.16 10916 MENARDS LUMBER 12/29/2022 12.45 10939 MIDWAY FORD 12/29/2022 102.51 2005 MILK AND HONEY CIDERS 12/29/2022 600.00 12940 MINNEHAHA BLDG MAINTENANCE 12/29/2022 76.95 11871 MINNESOTA DEPT OF LABOR & INDUSTRY 12/29/2022 50.00 10985 MINNESOTA FIRE SERVICE 12/29/2022 126.00 12594 MINNESOTA POLLUTION CONTROL AGENCY 12/29/2022 1,240.00 13162 MNSPECT LLC 12/29/2022 9,430.56 2006 MODIST BREWING COMPANY 12/29/2022 1,180.17 11061 MORRELL ENTERPRISES LP 12/29/2022 475.00 11079 MUNICIPAL EMERGENCY SERVICES 12/29/2022 121.34 11085 MURPHY'S SERVICE CENTER 12/29/2022 76.98 1051 NEW FRANCE WINE COMPANY 12/29/2022 1,435.50 12778 NORTHWEST ASSOCIATED CONSULTANTS INC 12/29/2022 7,177.40 11163 OFFICE DEPOT 12/29/2022 .00 V 12779 OPTION ONE MECHANICAL LLC 12/29/2022 1,077.50 11185 PACE ANALYTICAL SERVICES INC.12/29/2022 329.06 1012 PAUSTIS & SONS 12/29/2022 4,384.25 1001 PHILLIPS WINE & SPIRITS 12/29/2022 9,669.00 1002 PHILLIPS WINE & SPIRITS 12/29/2022 12,367.55 12447 PMG 56 LLC MN SERIES 12/29/2022 158.35 2043 PORTAGE BREWING COMPANY 12/29/2022 553.50 11241 POSTMASTER - MPLS BMEU 12/29/2022 275.00 12747 PRECISE MRM LLC 12/29/2022 50.00 2019 PRYES BREWING COMPANY 12/29/2022 1,581.25 12311 PUCKETTS RECYCLING 12/29/2022 140.00 11302 RAMSEY COUNTY 12/29/2022 208.87 1062 RED BULL DISTRIBUTION COMPANY 12/29/2022 126.00 12419 REPUBLIC SERVICES 12/29/2022 413.80 1065 SAINT CROIX 12/29/2022 286.00 13229 SAX TRENTON 12/29/2022 100.00 20 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 12/29/2022 - 1/11/2023 Jan 05, 2023 10:51AM Vendor Number Payee Check Issue Date Amount 12470 SEITZ BROS PLUMBING 12/29/2022 15,602.92 1024 SOUTHERN GLAZER'S OF MN 12/29/2022 11,988.22 1008 SOUTHERN GLAZER'S OF MN 12/29/2022 14,043.96 1026 SOUTHERN GLAZER'S OF MN 12/29/2022 13,661.46 1036 SOUTHERN GLAZER'S OF MN 12/29/2022 2,113.20 12760 SSI MN TRANCHE 1 LLC 10322006 12/29/2022 418.89 11478 STAR TRIBUNE 12/29/2022 156.96 2001 STEEL TOE BREWING 12/29/2022 414.00 11994 STERICYCLE INC 12/29/2022 57.64 13228 TED BERGUM LLC 12/29/2022 55.00 12081 THE HARTFORD 12/29/2022 1,348.87 13225 THURSTON SCOTT 12/29/2022 184.88 11566 TIMESAVER OFF SITE SECRETARIAL 12/29/2022 190.50 11586 TRACY PRINTING 12/29/2022 229.00 13120 TREE TRUST 12/29/2022 2,772.76 11595 TRI STATE BOBCAT, INC.12/29/2022 284.81 12698 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION 12/29/2022 75.00 12083 TUCKER, QUINTEN 12/29/2022 125.00 11612 TWIN CITY JANITOR SUPPLY 12/29/2022 79.00 11626 U.S. BANK (PURCHASING CARD)12/29/2022 5,972.59 2037 URSA MINOR BREWING 12/29/2022 866.74 12776 USS MINNESOTA ONE MT LLC 12/29/2022 2,013.31 11674 VERIZON WIRELESS 12/29/2022 374.95 11678 VESSCO INC 12/29/2022 1,734.25 11681 VIKING ELECTRIC SUPPLY INC 12/29/2022 15.58 11682 VIKING INDUSTRIAL CENTER 12/29/2022 166.84 1025 VINOCOPIA 12/29/2022 1,894.81 12149 VUE, KA 12/29/2022 300.00 11693 W. W. GOETSCH ASSOCIATES, INC.12/29/2022 970.00 12803 WALTERS 12/29/2022 6,670.67 1034 WINE COMPANY THE 12/29/2022 1,596.10 1038 WINE MERCHANTS INC 12/29/2022 3,449.05 1032 WINEBOW 12/29/2022 1,123.48 11704 WM CORPORATE SERVICES INC 12/29/2022 989.64 2022 WOODEN HILLS BREWERING 12/29/2022 586.65 11738 WSB & ASSOCIATES INC.12/29/2022 18,675.00 11740 XCEL ENERGY 12/29/2022 31,214.13 1122 AM CRAFTS SPIRITS 01/11/2023 646.68 1100 ARTISIAN BEER COMPANY 01/11/2023 4,567.64 1013 BELLBOY CORPORATION 01/11/2023 8,185.15 1014 BELLBOY CORPORATION 01/11/2023 686.66 10191 BRAZIL, KIM 01/11/2023 164.44 1018 BREAKTHRU BEVERAGE MN BEER 01/11/2023 32,175.97 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 01/11/2023 16,239.28 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 01/11/2023 4,013.15 1114 CANNON RIVER WINERY 01/11/2023 180.00 1017 CAPITOL BEVERAGE SALES 01/11/2023 10,847.41 13121 CLEARWAY COMMUNITY SOLAR LLC 01/11/2023 664.15 10332 COMPTON'S COMMERCIAL CLNG. INC 01/11/2023 3,578.00 1042 CRYSTAL SPRINGS ICE 01/11/2023 453.90 10436 DRIVER & VEHICLE SERVICES 01/11/2023 25.00 10468 ELECTRO WATCHMAN INC 01/11/2023 1,211.17 10603 H & L MESABI INC 01/11/2023 453.60 21 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 4 Check Issue Dates: 12/29/2022 - 1/11/2023 Jan 05, 2023 10:51AM Vendor Number Payee Check Issue Date Amount 10659 HENNEPIN COUNTY TREASURER 01/11/2023 1,828.36 12490 HESS, BRANDON 01/11/2023 82.39 1019 HOHENSTEIN'S INC 01/11/2023 5,513.90 10684 HOME DEPOT CREDIT SERVICES 01/11/2023 377.03 1004 JOHNSON BROTHERS LIQUOR COMPANY.01/11/2023 4,783.76 1005 JOHNSON BROTHERS LIQUOR COMPANY.01/11/2023 5,120.07 1006 JOHNSON BROTHERS LIQUOR COMPANY.01/11/2023 10,016.79 1044 JOHNSON BROTHERS LIQUOR COMPANY.01/11/2023 7,780.19 2010 LUPULIN BREWING 01/11/2023 953.15 11985 MANSFIELD OIL COMPANY 01/11/2023 1,825.78 10931 METROPOLITAN COUNCIL - WASTEWATER 01/11/2023 63,335.49 11079 MUNICIPAL EMERGENCY SERVICES 01/11/2023 1,333.74 1051 NEW FRANCE WINE COMPANY 01/11/2023 876.00 13210 ODP BUSINESS SOLUTIONS LLC 01/11/2023 322.73 11163 OFFICE DEPOT 01/11/2023 2,193.63 1012 PAUSTIS & SONS 01/11/2023 3,268.00 1001 PHILLIPS WINE & SPIRITS 01/11/2023 6,736.02 1002 PHILLIPS WINE & SPIRITS 01/11/2023 6,396.05 12918 QUADIENT LEASING USA INC 01/11/2023 474.42 12623 RACE FORWARD 01/11/2023 1,000.00 11304 RAMSEY COUNTY CHIEFS OF 01/11/2023 400.00 11399 SHI INTERNATIONAL CORPORATION.01/11/2023 227.76 1024 SOUTHERN GLAZER'S OF MN 01/11/2023 8,790.61 1008 SOUTHERN GLAZER'S OF MN 01/11/2023 5,186.96 1026 SOUTHERN GLAZER'S OF MN 01/11/2023 11,420.51 13178 STEVEN P CARLSON 01/11/2023 3,500.00 11502 STREICHERS 01/11/2023 455.00 11586 TRACY PRINTING 01/11/2023 4,645.00 11819 TRUE NORTH ELECTRIC 01/11/2023 206.75 11674 VERIZON WIRELESS 01/11/2023 1,447.81 11681 VIKING ELECTRIC SUPPLY INC 01/11/2023 117.64 1025 VINOCOPIA 01/11/2023 1,191.13 1034 WINE COMPANY THE 01/11/2023 2,640.00 1038 WINE MERCHANTS INC 01/11/2023 3,183.24 1032 WINEBOW 01/11/2023 1,335.20 11748 ZAHL PETROLEUM MAINTENANCE CO.01/11/2023 204.86 Grand Totals: 752,836.81 22 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-001 A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED WHEREAS,the City of St. Anthony is required to accept all grants and donations by resolution; and WHEREAS, the City of St. Anthony has received the following grants and donations in the 4th quarter of 2022: Hennepin County Tree Grant $4,950.00 Public Safety Officer’s Disability Benefits $ 907.62 State Fire Training Grants $8,542.50 American Rescue Plan Act (ARPA)$ 492,480.39 Hennepin County SCORE Recycling Grant $6,991.05 TZD 3rd Qtr/ City of St. Paul $7,297.65 SAV Firefighters Relief Association $ 6,162.64 Total $ 527,331.85 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby accepts the grants and donations as received in the 4th quarter of 2022. Adopted this 10th day of January, 2023. _________________________________________ Randy Stille, Mayor ATTEST:___________________________ City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager 23 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-002 A RESOLUTION DESIGNATING STEVEN P. CARLSON, ATTORNEY AT LAW AS THE PROSECUTING ATTORNEY FOR THE CITY OF SAINT ANTHONY VILLAGE FOR 2023 BE IT RESOLVED that the City Council of the City of Saint Anthony Village hereby designates Steve Carlson, Attorney at Law, as the prosecuting attorney for the City of Saint Anthony Village for 2023. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 24 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-003 A RESOLUTION DESIGNATING COUNCILMEMBER WEBSTER AS MAYOR PRO TEM FOR THE 2023 CALENDAR YEAR BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby designates Councilmember Wendy Webster as Mayor Pro Tem for the calendar year 2023. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 25 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-004 A RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER AND FINANCE DIRECTOR TO MAKE CERTAIN TRANSACTIONS REGARDING CITY FINANCIAL ACCOUNTS FOR THE 2023 CALENDAR YEAR BE IT RESOLVED that the City Council of the City of Saint Anthony hereby specifies: Mayor (Randy Stille) City Manager (Charlie Yunker) Finance Director (Michele Rueckert) to make approved transfers and deposits and approved transactions of City funds in the various City accounts and that their names are to appear on signature cards at various financial institutions approved by the City. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 26 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-005 A RESOLUTION DESIGNATING US BANK, N.A. OF SAINT ANTHONY VILLAGE AS THE OFFICIAL DEPOSITORY FOR CITY FUNDS FOR THE 2023 CALENDAR YEAR BE IT RESOLVED that the City Council of the City of Saint Anthony Village hereby designates that US Bank, N.A. of St. Anthony as a depository for the funds of the City and that said bank shall also be the bank for this City with respect to any/all other banking services required or used by this City. BE IT FURTHER RESOLVED, that said bank deposit such securities in the amount and in the manner required by law. BE IT FURTHER RESOLVED, that the Finance Director be authorized to accept such securities as collateral as required by law, and that said collateral be held at the US Bank of Saint Anthony Village for safekeeping. BE IT FURTHER RESOLVED, the City Clerk shall transmit to the US Bank, N.A. of Saint Anthony Village a copy of this resolution. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 27 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-006 A RESOLUTION DESIGNATING THE STAR TRIBUNE THE LEGAL NEWSPAPER FOR THE CITY OF SAINT ANTHONY VILLAGE FOR THE 2023 CALENDAR YEAR BE IT RESOLVED that the City Council of the City of Saint Anthony Village hereby designates The Star Tribune, a legal newspaper of general circulation in the City as, the official newspaper of the City of St. Anthony for 2023 in which shall be published such measures and matters as are by-laws of this State and City Code required to be published; and such other matters as the Council may deem advisable and in the public interest to have published. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 28 2023 CITY OF SAINT ANTHONY VILLAGE STANDING RULES FOR CONDUCTING CITY COUNCIL MEETINGS INTRODUCTION In the belief that the best decisions are made by the best informed decision makers and that public decisions are best served when the public has every opportunity to present views, the following rules are established to govern regular and special Council meetings as well as formal public hearings. There are several goals behind these rules. In general, free and open discussion by all interested parties should be an essential part of the decision making process. The Council process should have as little procedural overhead as possible. Time is better spent on substantial matters rather than performa matters. MEMBERSHIP The formal Council membership consists of four Councilmembers and the Mayor. All five have one vote each and all five can introduce motions. For purposes of leading the meeting, the Mayor, or in the absence of the Mayor, the Mayor Pro tem will be considered the Chairperson. A quorum is required to do official business and a quorum of the Council consists of three members. Meetings of the Council shall be held on the second and fourth Tuesday of each month at 7:00 pm. Council work sessions will be called from time to time, as the Mayor and Council deem necessary. RULES Order of Business The following shall be the order of business of the Council: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MEETING AGENDA PROCLAMATIONS AND RECOGNITIONS CONSENT AGENDA These items are considered routine and will be enacted by one motion. There won’t be separate discussion of these items unless a Councilmember or citizen so requests, in which 29 2023 event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. Donations to the city will be handled in the same accordance as long as it follows the City of St. Anthony Donation Policy. Significant revisions requested of minutes should be emailed ahead of the meeting to the City Manager or Commission Staff Liaison. PUBLIC HEARING COMMISSIONS AND STAFF REPORTS REPORTS FROM COUNCILMEMBERS AND CITY MANAGER COMMUNITY FORUM Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, state their name and address for the secretary’s records, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may refer the matter to staff for a future report or direct that the matter be scheduled on a upcoming agendas. INFORMATION AND ANNOUNCEMENTS ADJOURNMENT AGENDA To be considered, an item must be on the agenda and the agenda must be distributed to all the Councilmembers and any other persons having responsibility for an item at least three working days prior to the meeting. An agenda can be modified with addendum by a majority vote but this should be used only for minor items or items with extreme time constraints. An item can be moved from the consent agenda to the action agenda at the request of the Mayor or Councilmember. With there being cable TV and in-person audience, who are not as familiar with each item, the Mayor will give a brief explanation of each item as it is addressed. The order of items on the agenda need not be followed absolutely. The Mayor may adjust the order in the interest of: ▪ Filling in time before a scheduled item, i.e. a public hearing. ▪ Grouping several items to best make use of consultant time. 30 2023 ▪ Accommodating individuals who have attended the meeting specifically to provide input on an item. PROCESS REGULAR AND SPECIAL COUNCIL MEETINGS For these proceedings the Council will use the “open discussion” procedure. That is, discussion is open to any member before or after a motion is made. The privilege is also extended to the City Manager, and any of the consultants who may have an interest in or can contribute to the item at hand. The Mayor can make liberal use of the “unanimous consent” procedure. That is, items that in the judgment of the Mayor are likely to be unanimously approved can be introduced for approval with the statement: “If there are no objections, stands approved (or denied).” If any Council member has an objection, the item reverts to the standard motion procedure. This “unanimous consent” procedure cannot be used for items requiring formal votes, i.e., resolutions or for approval of the consent agenda. The standard motion procedure is that each motion requires a second. This also applies to amendments. Any motion, by any member shall be reduced to writing upon request of any member. No motion shall be put to a vote until it has been stated by the maker at the request of any member of the Council. To eliminate confusion, only one amendment will be considered at a time and that amendment must be germane to the motion. An amendment cannot itself be amended. If a change to an amendment is deemed appropriate, the amendment should be withdrawn and reintroduced accordingly. The general mode of voting will be by acclamation but with enough clarity that individual votes can be recorded in the minutes. If in doubt, any member can request clarification. Each individual’s vote will be entered in the minutes. Any member may abstain from voting or disqualify themselves. The reason for disqualification or abstention must be stated by the member and entered into the minutes. If a member disqualifies them self, they may leave the room while the issue is being considered. Roberts Rules of Order (revised) shall govern the City Council procedures not covered by the Standing Rules of the City Council. The meeting will be recorded, and the recording will be retained for three (3) months following approval of the minutes of the meeting. The standard retention can be extended if in the judgment of the Mayor, City Clerk or any other Councilmember, such action is warranted. 31 2023 If the Council action is the result of a resident request and that request is denied in whole or in part, reasons of the fact supporting the denial will be made part of the public record. PROCESS – PUBLIC HEARING Since a public hearing is a more formal procedure and often requires certain procedures and actions to be legal, the meeting rules are changed accordingly. The primary aim of a public hearing is to take input from the public. To accomplish this in the most effective manner, the Mayor will introduce the hearing with an explanation of the issues. The Mayor will give this explanation or a person designated by the Mayor. The use of explanatory visual aids is encouraged. Following the explanation, input from the public will be taken. Prior to accepting input though, the Mayor will state the areas where input will be appropriate, the maximum time to be allotted to any individual presenter and any other procedural rules deemed appropriate to guarantee that all concerned parties have a fair and adequate opportunity to be heard. All individuals wishing to speak must fill out and submit an identification form and speak in to a recording microphone. Individuals not wishing to speak in public may provide a written statement. The Council may take up to 15 minutes to review written statements presented at the meeting. If the Council decides not to act on the issue at the public hearing meeting, it may by majority vote extend the time where written input will be taken to a day not later than one week before the next meeting where a deciding vote is planned. All speakers are to address the council, expected to be business like, to the point and courteous. Anyone not abiding by these rules will be considered out of order. Everyone who wishes, will have a chance to address the Council, citizens must address all questions and comments to the Mayor, who will then determine who will answer them. Questions will be answered when all persons have had a chance to speak. Only one person may speak at a time. Citizens are urged to be polite and quiet as comments are made to the Council. Applauding or other displays of approval or disapproval are inappropriate during City Council proceedings. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Please limit second presentation to new information and not rebuttals. The Council will refrain from initiating a discussion during the public input phase of the hearing except to clarify points brought up. When public comments are completed, the Council closes the public hearing and starts its own discussion. The audience is welcomed to listen quietly to the discussion but is requested not to make comments. 32 2023 Once the public testimony phase is complete, the Mayor will announce the public hearing to be closed and the Council will revert back to its open discussion mode of operation. From this point on, public input will only be appropriate when solicited by the Council. It shall be the intent of the Council to vote on the issue at the same meeting as the public hearing and as close in time to the public hearing as possible. Should it be necessary to defer voting until a later date, the procedure will be clearly explained to the audience. If the motion contains conditions, as may occur in conditional use or variance requests, those conditions will be conveyed in writing to the requestor. If the public hearing is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. If the public hearing is to set an assessment rate, the assessment formula(s) under discussion cannot be altered. This implies that the Council has fully discussed any formulas prior to the hearing and that the appropriate legal, fiscal and engineering consultants have passed on formula(s) viability, legality, and feasibility. If the hearing is to set an assessment, it cannot be scheduled later than the first meeting in September. This is to allow time to correct errors prior to the time needed to certify the rolls to the county. MAYOR PRO TEM The Mayor Pro tem shall be appointed in January of each year. The first Mayor Pro tem after adoption of this rule shall be the Councilmember with the most continuous time on the Council. The position shall be rotated among Councilmembers based on time of continuous service. If two or more members have identical seniority, the appointment shall be based on alphabetical order by last name. A Councilmember may not serve as Mayor Pro tem twice until all other Councilmembers have been Mayor Pro tem. A Councilmember must serve two years before being considered for Mayor Pro tem. A Councilmember may decline the appointment for good cause and maintain their place in the rotation for appointment the following year. ADOPTION/MODIFICATON/SUSPENSION These rules can be adopted, modified or suspended in whole or in part by a majority vote of the Council. If suspended they are automatically reinstated at the next meeting. ANNUAL REVIEW These rules will be reviewed annually at the first meeting in January. 33 2023 INTERPRETATION The Mayor will interpret the rules. However, the Mayor’s interpretation can be appealed by any Councilmember and can be overruled by a majority vote. 34 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-007 A RESOLUTION ADOPTING THE STANDING RULES OF CONDUCT FOR CITY COUNCIL MEETINGS FOR THE YEAR 2023 BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby adopts the City Council Standing Rules 2023 for conducting City Council meetings during the year 2023 which said rules are attached herewith. Adopted this 10th day of January, 2023. _____________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: ______________________________________ Charlie Yunker, City Manager 35 THIS PAGE LEFT INTENTIONALLY BLANK 36 2023 ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY Purpose: The City of Saint Anthony Village recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. This policy will be reviewed annually by City Council. General Guidelines: 1.The event, workshop, conference or assignment must be approved in advance by detailed motion of the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the Out-of-State Travel request, the Council will consider the following: Whether the elected official will be receiving training on issues relevant to the City or to his/her role as the Mayor or Councilmember; Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City and/or official roles of local elected officials; Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for consideration of the full Council; Whether the elected official has been specifically assigned by the City Council to visit another city for the purpose of establishing a goodwill relationship such as a “Sister-City” relationship; 37 2023 Whether the elected official has been specifically assigned by the City Council to testify on behalf of the City at the United States Congress or to otherwise meet with Federal Officials on behalf of the City; Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2.No reimbursement will be made for attendance at events sponsored by or affiliated with political parties. 3.The City may make payments in advance for airfare, lodging and registration if specifically approved by the City Council. Otherwise all payments will be made as reimbursements to the Elected Official. 4.The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the City’s policy for Out-of-State Travel by City employees as outlined in the City Expenditure Policy of the City of Saint Anthony Village Employee Resource Guide. Provisions: Limitations on paying for Councilmembers who have announced their intention to resign, not to seek re-election, or who have been defeated in an election (however, there may be some benefit to the City in having newly elected officials who have not yet taken office attend training beforehand); Requirements for Councilmembers to give oral or written reports on the results of the trip a the next Council meeting; The ability for the city to make exceptions to the policy; The requirement that all frequent flyer miles to accrue to the city; Requirements to use the most cost-efficient mode of travel available taking into consideration reasonable time constraints. 38 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-008 A RESOLUTION ADOPTING THE ELECTED OFFICIALS OUT OF STATE TRAVEL POLICY FOR 2023 WHEREAS, In accordance to Minnesota State Statute Chapter 471, Section 661, requires that cities, counties and school districts develop a policy that regulates travel by elected officials outside of the state; WHEREAS, the City Council will review this policy annually; WHEREAS, any changes to the policy must be approved by a recorded vote; and WHEREAS, elected officials of the City of Saint Anthony Village will follow the limitations outlined in the policy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint Anthony Village hereby approves the elected officials Out of State Travel Policy for 2023. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 39 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-009 A RESOLUTION DESIGNATING MAYOR STILLE AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS FOR 2023 BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby designates Mayor Stille as a participant in the following outside organizations for 2023: League of Minnesota Cities (LMC) Mississippi Watershed Management Organization (MWMO) Regional Council of Mayors (RCM) City Auditor Liaison Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 40 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-010 A RESOLUTION DESIGNATING COUNCILMEMBER JENSON AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS FOR 2023 BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby designated Councilmember Jenson as a participant in the following outside organizations for 2023: Metro Cities Association Ramsey County League of Local Governments (RCLLG) Alternate to Mississippi Watershed Management Organization (MWMO) St. Anthony Sports Boosters Northeast Youth and Family Services Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 41 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-011 A RESOLUTION DESIGNATING COUNCILMEMBER RANDLE AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS FOR 2023 BE IT RESOLVED, by the City Council of the City of St. Anthony hereby designates Councilmember Randle as a participant in the following outside organizations for 2023: St. Anthony Parks & Environmental Commission Liaison St. Anthony Sister City Family Services Collaborative St. Anthony Community Services Advisory Board Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 42 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-012 A RESOLUTION DESIGNATING COUNCILMEMBER WALKER AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS FOR 2023 BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby designates Councilmember Walker as a participant in the following outside organizations for 2023: St. Anthony Villagefest St. Anthony Historical Society St. Anthony Chamber of Commerce Liaison U.S. Army Restoration Advisory Board Alternate to North Suburban Access Corporation (NSAC) Alternate to North Suburban Communications Commission (NSCC) Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 43 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-013 A RESOLUTION DESIGNATING COUNCILMEMBER WEBSTER AS A PARTICIPANT IN OUTSIDE ORGANIZATIONS FOR 2023 BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby designates Councilmember Webster as a participant in the following outside organizations for 2023: St. Anthony Planning Commission Liaison St. Anthony Village Kiwanis North Suburban Access Corporation (NSAC) North Suburban Communications Commission (NSCC) Alternate to Metro Cities Association Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 44 G:\.Clients All\St. Anthony\City Council\Resolutions\LTR-hmcc-2022 DCP Agreement-120922.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM January 10, 2023 Honorable Mayor, City Council, and Staff C/O Charlie Yunker, City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: 2022 Delegated Contract Process Agreement St. Anthony Village, MN Dear Honorable Mayor, City Council and Staff: Attached for your consideration is the 2022 Delegated Contract Process Agreement. This agreement delegates to Minnesota Department of Transportation (MnDOT) the authority to manage funds that would be awarded to St. Anthony Village from the Federal Government. In the past, the City has received federal funding for the Highway Safety Improvement Program for sidewalk and intersection improvements. This is the process that allows the federal funds to flow down to local government. MnDOT has all the proper federal controls and contract administration processes in place to administer these funds for local governments. The City has approved past delegated process agreements as routine business, as these agreements are revised. Staff recommends the City consider approval of the 2022 Delegated Contract Process Agreement. If you have any questions regarding this agreement, please feel free to call me at 612.388.9652. Sincerely, WSB Justin Messner, PE City Engineer Attachments cc: Jeremy Gumke, City of St. Anthony Village Nicole Miller, City of St. Anthony Village 45   MnDOT Contract No. 1052067    Updated November 7, 2022 1  STATE OF MINNESOTA  AGENCY AGREEMENT  for  FEDERAL PARTICIPATION IN CONSTRUCTION  This Agreement is entered into by and between City of Saint Anthony (“Local Government”) and the State of Minnesota  acting through its Commissioner of Transportation (“MnDOT”).  RECITALS   1. Pursuant to Minnesota Statutes Section 161.36, the Local Government desires MnDOT to act as the Local  Government’s agent in accepting federal funds on the Local Government’s behalf for the construction,  improvement, or enhancement of transportation financed either in whole or in part by Federal Highway  Administration (“FHWA”) federal funds, hereinafter referred to as the “Project(s)”; and  2. This Agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has  no specific State Project number associated with it, and  2.1. The Assistance Listing Number (ALN) is 20.205, 20.224, 20.933 or another Department of Transportation  ALN as listed on SAM.gov and  2.2. This project is for construction, not research and development.  2.3. MnDOT requires that the terms and conditions of this agency be set forth in an agreement.  AGREEMENT TERMS   1. Term of Agreement; Prior Agreement  1.1. Effective Date.  This Agreement will be effective on the date that MnDOT obtains all required signatures  under Minn. Stat. §16C.05, Subd. 2.  This Agreement will remain effective until it is superseded or  terminated pursuant to section 14.    1.2. Prior Agreement.  This Agreement supersedes the prior agreement between the parties, MnDOT Contract  Number 1030092.  2. Local Government’s Duties  2.1. Designation.  The Local Government designates MnDOT to act as its agent in accepting federal funds on its  behalf made available for the Project(s).  Details on the required processes and procedures are available on  the State Aid Website.  2.2. Staffing.    2.2.1. The Local Government will furnish and assign a publicly employed and licensed engineer, (“Project  Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be  performed under any construction contract let for the Project(s). In the alternative, where the Local  Government elects to use a private consultant for construction engineering services, the Local  Government will provide a qualified, full‐time public employee of the Local Government to be in  responsible charge of the Project(s). The services of the Local Government to be performed hereunder  may not be assigned, sublet, or transferred unless the Local Government is notified in writing by  MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law.  This  46  MnDOT Contract No. 1052067       2  written consent will in no way relieve the Local Government from its primary responsibility for  performance of the work.  2.2.2. During the progress of the work on the Project(s), the Local Government authorizes its Project  Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to  Minnesota Statutes Section 161.39.  Such services may be covered by other technical service  agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then  the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full  cost and expense of furnishing such services.  The costs and expenses will include the current MnDOT  labor additives and overhead rates, subject to adjustment based on actual direct costs that have been  verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co‐ principal with respect to the Project(s).  2.3. Pre‐letting.  The Local Government will prepare construction contracts in accordance with Minnesota law  and applicable Federal laws and regulations.  2.3.1. The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA  has authorized the Project(s).  Any Project(s) advertised prior to authorization without permission will  not be eligible for federal reimbursement.  2.3.2. The Local Government will prepare the Proposal for Highway Construction for the construction  contract, which will include all federal‐aid provisions supplied by MnDOT.   2.3.3. The Local Government will prepare and publish the bid solicitation for the Project(s) as required by  state and federal laws. The Local Government will include in the solicitation the required language for  federal‐aid construction contracts as supplied by MnDOT. The solicitation will state where the  proposals, plans, and specifications are available for the inspection of prospective bidders and where  the Local Government will receive the sealed bids.   2.3.4. The Local Government may not include other work in the construction contract for the authorized  Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA.  Failure to obtain such notification may result in the loss of some or all of the federal funds for the  Project(s). All work included in a federal contract is subject to the same federal requirements as the  federal project.  2.3.5. The Local Government will prepare and sell the plan and proposal packages and prepare and  distribute any addenda, if needed.  2.3.6. The Local Government will receive and open bids.  2.3.7. After the bids are opened, the Local Government will consider the bids and will award the bid to the  lowest responsible bidder or reject all bids. If the construction contract contains a goal for  Disadvantaged Business Enterprises (DBEs), the Local Government will not award the bid until it has  received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office  of Civil Rights.   2.3.8. The Local Government must disclose in writing any potential conflict of interest to the Federal  awarding agency or MnDOT in accordance with applicable FHWA policy.  2.4. Contract Administration.  2.4.1. The Local Government will prepare and execute a construction contract with the lowest responsible  bidder, hereinafter referred to as the “Contractor,” in accordance with the special provisions and the  latest edition of MnDOT’s Standard Specifications for Construction when the contract is awarded and  all amendments thereto. All contracts between the Local Government and third parties or  subcontractors must contain all applicable provisions of this Agreement, including the applicable  47  MnDOT Contract No. 1052067       3  federal contract clauses, which are identified in Appendix II of 2 CFR 200, Uniform Administrative  Requirements, Cost Principles and Audit Requirements for Federal Awards, and as identified in Section  18 of this Agreement.  2.4.2. The Project(s) will be constructed in accordance with the plans, special provisions, and standard  specifications of each Project.  The standard specifications will be the latest edition of MnDOT  Standard Specifications for Highway Construction and all amendments thereto.  The plans, special  provisions, and standard specifications will be on file at the Local Government Engineer’s Office. The  plans, special provisions, and specifications are incorporated into this Agreement by reference as  though fully set forth herein.  2.4.3. The Local Government will furnish the personnel, services, supplies, and equipment necessary to  properly supervise, inspect, and document the work for the Project(s). The services of the Local  Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local  Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23  CFR 635.105 and state law.  This written consent will in no way relieve the Local Government from its  primary responsibility for performance of the work.  2.4.4. The Local Government will document quantities in accordance with the guidelines set forth in the  Construction Section of the Electronic State Aid Manual that are in effect at the time the work was  performed.   2.4.5. The Local Government will test materials in accordance with the Schedule of Materials Control in  effect at the time each Project was let. The Local Government will notify MnDOT when work is in  progress on the Project(s) that requires observation by the Independent Assurance Inspector, as  required by the Independent Assurance Schedule.  2.4.6. The Local Government may make changes in the plans or the character of the work, as may be  necessary to complete the Project(s), and may enter into Change Order(s) with the Contractor. The  Local Government will not be reimbursed for any costs of any work performed under a change order  unless MnDOT has notified the Local Government that the subject work is eligible for federal funds  and sufficient federal funds are available.  2.4.7. The Local Government will request approval from MnDOT for all costs in excess of the amount of  federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain  such approval may result in such costs being disallowed for reimbursement.  2.4.8. The Local Government will prepare reports, keep records, and perform work so as to meet federal  requirements and to enable MnDOT to collect the federal aid sought by the Local Government.   Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist,  available from MnDOT’s authorized representative. The Local Government will retain all records and  reports and allow MnDOT or the FHWA access to such records and reports for six years.  2.4.9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be  accepted.   2.5. Limitations.    2.5.1. The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and  regulations.  2.5.2. Nondiscrimination.  It is the policy of the Federal Highway Administration and the State of Minnesota  that no person in the United States will, on the grounds of race, color, or national origin, be excluded  from participation in, be denied the benefits of, or be subjected to discrimination under any program  or activity receiving Federal financial assistance (42 U.S.C. 2000d).  Through expansion of the mandate  48  MnDOT Contract No. 1052067       4  for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination  include race, color, sex, national origin, age, and disability.  In addition, the Title VI program has been  extended to cover all programs, activities and services of an entity receiving Federal financial  assistance, whether such programs and activities are Federally assisted or not. Even in the absence of  prior discriminatory practice or usage, a recipient in administering a program or activity to which this  part applies is expected to take affirmative action to assure that no person is excluded from  participation in, or is denied the benefits of, the program or activity on the grounds of race, color,  national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the  above requirements.  2.5.3. Utilities.  The Local Government will treat all public, private or cooperatively owned utility facilities  which directly or indirectly serve the public and which occupy highway rights of way in conformance  with 23 CFR 645 “Utilities”, which is incorporated herein by reference.  2.6. Maintenance.  The Local Government assumes full responsibility for the operation and maintenance of any  facility constructed or improved under this Agreement.  3. MnDOT’s Duties  3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement  of federal funds and will act in accordance herewith.  3.2. Project Activities.   3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the  Project(s) and for reimbursement of eligible costs pursuant to the terms of this Agreement.  3.2.2. MnDOT will provide to the Local Government copies of the required Federal‐aid clauses to be included  in the bid solicitation and will provide the required Federal‐aid provisions to be included in the Proposal  for Highway Construction.  3.2.3. MnDOT will review and certify the DBE participation and notify the Local Government when certification  is complete.  If certification of DBE participation (or good faith efforts to achieve such participation)  cannot be obtained, then Local Government must decide whether to proceed with awarding the  contract.  Failure to obtain such certification will result in the Project becoming ineligible for federal  assistance, and the Local Government must make up any shortfall.  3.2.4. MnDOT will provide the required labor postings.  3.3. Authority. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s)  was not completed in compliance with federal requirements.   3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will  have the right to audit, evaluate and monitor the work performed under this Agreement. The Local  Government will make all books, records, and documents pertaining to the work hereunder available for a  minimum of six years following the closing of the construction contract.  4. Time  4.1. The Local Government must comply with all time requirements described in this Agreement.  In the  performance of this Agreement, time is of the essence.  4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the  date defined in the federal financial system or federal agreement (“end date”).  No work completed after  the end date will be eligible for federal funding.  Local Government must submit all contract close out  paperwork to MnDOT at least twenty‐four months prior to the end date.    49  MnDOT Contract No. 1052067       5  5. Payment  5.1. Cost.  The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by  other funds provided by the Local Government.  The Local Government will pay any part of the cost or  expense of the Project(s) that is not paid by federal funds. MnDOT will receive the federal funds to be paid  by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will  reimburse the Local Government, from said federal funds made available to each Project, for each partial  payment request, subject to the availability and limits of those funds.  5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect  costs and has submitted to MnDOT an indirect cost rate proposal or a cost allocation plan, the rate proposed  will be used on a provisional basis. At any time during the period of performance or the final audit of a  Project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part  200. MnDOT may adjust associated reimbursements accordingly.  5.3. Reimbursement.  The Local Government will prepare partial estimates in accordance with the terms of the  construction contract for the Project(s).  The Project Engineer will certify each partial estimate. Following  certification of the partial estimate, the Local Government will make partial payments to the Contractor in  accordance with the terms of the construction contract for the Project(s).  5.3.1. Following certification of the partial estimate, the Local Government may request reimbursement for  costs eligible for federal funds. The Local Government’s request will be made to MnDOT and will  include a copy of the certified partial estimate.   5.3.2. Upon completion of the Project(s), the Local Government will prepare a final estimate in accordance  with the terms of the construction contract for the Project(s).  The Project Engineer will certify the  final estimate. Following certification of the final estimate, the Local Government will make the final  payment to the Contractor in accordance with the terms of the construction contract for the  Project(s).  5.3.3. Following certification of the final estimate, the Local Government may request reimbursement for  costs eligible for federal funds.  The Local Government’s request will be made to MnDOT and will  include a copy of the certified final estimate along with the required records.  5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and  state eligibility of all payment requests. If the Project is found to have been completed in accordance  with the plans and specifications, MnDOT will promptly release any remaining federal funds due the  Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid,  the Local Government must promptly return any excess funds.  5.3.5. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source,  or funding cannot be continued at a sufficient level to allow for the processing of the federal aid  reimbursement requests, the Local Government may continue the work with local funds only, until  such time as MnDOT is able to process the federal aid reimbursement requests.  5.4. Matching Funds.  Any cost sharing or matching funds required of the Local Government in this Agreement  must comply with 2 CFR 200.306.  5.5. Federal Funds. Payments under this Agreement will be made from federal funds. The Local Government is  responsible for compliance with all federal requirements imposed on these funds and accepts full financial  responsibility for failure to comply with any federal requirements including, but not limited to, 2 CFR Part  200.  If, for any reason, the federal government fails to pay part of the cost or expense incurred by the Local  Government, or in the event the total amount of federal funds is not available, the Local Government will be  responsible for any and all costs or expenses incurred under this Agreement. The Local Government further  50  MnDOT Contract No. 1052067       6  agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered  by this Agreement in the event the federal government does not pay the same.  5.6. Closeout.  The Local Government must liquidate all obligations incurred under this Agreement for each  Project and submit all financial, performance, and other reports as required by the terms of this Agreement  and the Federal award at least twenty‐four months prior to the end date of the period of performance for  each Project.  MnDOT will determine, at its sole discretion, whether a closeout audit is required prior to final  payment approval.  If a closeout audit is required, final payment will be held until the audit has been  completed.  Monitoring of any capital assets acquired with funds will continue following project closeout.  6. Conditions of Payment. All services provided by Local Government under this Agreement must be performed to  MnDOT’s satisfaction, as determined at the sole discretion of MnDOT’s Authorized Representative, and in  accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations.  The Local  Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of  federal, state, or local law.  7. Authorized Representatives  7.1. MnDOT's Authorized Representative is:  Name:  Kristine Elwood, or her successor.    Title:  State Aid Engineer  Phone:  651‐366‐4831  Email:  Kristine.elwood@state.mn.us  MnDOT’s Authorized Representative has the responsibility to monitor Local Government’s performance and  the authority to accept the services provided under this Agreement.  If the services are satisfactory,  MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment.   7.2. The Local Government’s Authorized Representative is:  Name: Charlie Yunker or their successor.    Title: Saint Anthony City Manager  Phone: 612‐782‐3315  Email: charlie.yunker@savmn.com  If the Local Government’s Authorized Representative changes at any time during this Agreement, the Local  Government will immediately notify MnDOT.   8. Assignment Amendments, Waiver, and Agreement Complete  8.1. Assignment.  The Local Government may neither assign nor transfer any rights or obligations under this  Agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement,  executed and approved by the same parties who executed and approved this Agreement, or their successors  in office.  8.2. Amendments.  Any amendment to this Agreement must be in writing and will not be effective until it has  been executed and approved by the same parties who executed and approved the original agreement, or  their successors in office.  8.3. Waiver.  If MnDOT fails to enforce any provision of this Agreement, that failure does not waive the provision  or MnDOT’s right to subsequently enforce it.  8.4. Agreement Complete.  This Agreement contains all negotiations and agreements between MnDOT and the  51  MnDOT Contract No. 1052067       7  Local Government. No other understanding regarding this Agreement, whether written or oral, may be used  to bind either party.  8.5. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid or  unenforceable to any extent, the remainder of the Agreement, including all material provisions and the  application of such provisions, will not be affected and will be enforceable to the greatest extent permitted  by the law.  8.6. Electronic Records and Signatures.  The parties agree to contract by electronic means.  This includes using  electronic signatures and converting original documents to electronic records.  8.7. Certification.  By signing this Agreement, the Local Government certifies that it is not suspended or  debarred from receiving federal or state awards.  9. Liability and Claims  9.1. Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent  authorized by law and will not be responsible for the acts and omissions of any others and the results  thereof.  The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability.  9.2. Claims.  The Local Government acknowledges that MnDOT is acting only as the Local Government’s agent  for acceptance and disbursement of federal funds, and not as a principal or co‐principal with respect to the  Project.  The Local Government will pay any and all lawful claims arising out of or incidental to the Project  including, without limitation, claims related to contractor selection (including the solicitation, evaluation,  and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any  ultra vires acts.    To the extent permitted by law, the Local Government will indemnify, defend (to the  extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs  arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT.  The  Local Government’s indemnification obligation extends to any actions related to the certification of DBE  participation, even if such actions are recommended by MnDOT.  10. Audits  10.1. Under Minn. Stat. § 16C.05, Subd.5, the books, records, documents, and accounting procedures and  practices of the Local Government, or any other party relevant to this Agreement or transaction, are subject  to examination by MnDOT and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of  six years from the end of this Agreement, receipt and approval of all final reports, or the required period of  time to satisfy all state and program retention requirements, whichever is later.  The Local Government will  take timely and appropriate action on all deficiencies identified by an audit.  10.2. All requests for reimbursement are subject to audit, at MnDOT’s discretion.  The cost principles outlined in 2  CFR 200.400‐.476 will be used to determine whether costs are eligible for reimbursement under this  Agreement.  10.3. If Local Government expends $750,000 or more in Federal Funds during the Local Government’s fiscal year,  the Local Government must have a single audit or program specific audit conducted in accordance with 2  CFR Part 200.  11. Government Data Practices. The Local Government and MnDOT must comply with the Minnesota Government  Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by MnDOT under this Agreement, and as it  applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local  Government under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data  referred to in this clause by either the Local Government or MnDOT.    12. Workers Compensation. The Local Government certifies that it is in compliance with Minn. Stat. §176.181, Subd.  2, pertaining to workers’ compensation insurance coverage.  The Local Government’s employees and agents will  52  MnDOT Contract No. 1052067       8  not be considered MnDOT employees.  Any claims that may arise under the Minnesota Workers’ Compensation  Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission  on the part of these employees are in no way MnDOT’s obligation or responsibility.  13. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice‐of‐law provisions, governs  this Agreement.  Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate  state or federal court with competent jurisdiction in Ramsey County, Minnesota.  14. Termination; Suspension  14.1. Termination by MnDOT. MnDOT may terminate this Agreement with or without cause, upon 30 days  written notice to the Local Government.  Upon termination, the Local Government will be entitled to  payment, determined on a pro rata basis, for services satisfactorily performed.  14.2. Termination for Cause.  MnDOT may immediately terminate this Agreement if MnDOT finds that there has  been a failure to comply with the provisions of this Agreement, that reasonable progress has not been  made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a  criminal offense relating to a state agreement, or that the purposes for which the funds were granted have  not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota,  including the refusal to disburse additional funds and/or requiring the return of all or part of the funds  already disbursed.  14.3. Termination for Insufficient Funding.  MnDOT may immediately terminate this Agreement if:  14.3.1. It does not obtain funding from the Minnesota Legislature; or  14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered  here. Termination must be by written or fax notice to the Local Government. MnDOT is not  obligated to pay for any services that are provided after notice and effective date of termination.  However, the Local Government will be entitled to payment, determined on a pro rata basis, for  services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed  any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or  other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of  the lack of funding within a reasonable time of MnDOT’s receiving that notice.  14.4. Suspension.  MnDOT may immediately suspend this Agreement in the event of a total or partial government  shutdown due to the failure to have an approved budget by the legal deadline.  Work performed by the  Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of  non‐payment.  15. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Local Government consents  to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax  identification number, already provided to MnDOT, to federal and state tax agencies and state personnel involved  in the payment of state obligations.  These identification numbers may be used in the enforcement of federal and  state tax laws which could result in action requiring the Local Government to file state tax returns and pay  delinquent state tax liabilities, if any.  16. Fund Use Prohibited. The Local Government will not utilize any funds received pursuant to this Agreement to  compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however  organized, which is disqualified or debarred from entering into or receiving a State contract.  This restriction  applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a  subcontractor, or as an equipment or material supplier.  This restriction does not prevent the Local Government  from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government’s  contract award on this Project.  53  MnDOT Contract No. 1052067       9  17. Discrimination Prohibited by Minnesota Statutes §181.59. The Local Government will comply with the provisions  of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or  any county, city, town, township, school, school district or any other district in the state, for materials, supplies or  construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor  for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or  vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the  United States or resident aliens who are qualified and available to perform the work to which the employment  relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or  intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being  hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on  account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may  be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or  any other person authorized to contracts for employment, and all money due, or to become due under the  contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement.  18. Federal Contract Clauses  18.1. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal  requirements as identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit  Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and  third‐party contractors, as applicable. In addition, the Local Government shall have the same meaning as  “Contractor” in the federal requirements listed below.  18.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount  determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations  Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal  remedies in instances where contractors violate or breach contract terms, and provide for such  sanctions and penalties as appropriate.  18.1.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the  non‐Federal entity including the manner by which it will be effected and the basis for settlement.  18.1.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts  that meet the definition of “federally assisted construction contract” in 41 CFR Part 60‐1.3 must  include the equal opportunity clause provided under 41 CFR 60‐1.4(b), in accordance with Executive  Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964‐1965 Comp.,  p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal  Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal  Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”  18.1.4. Davis‐Bacon Act, as amended (40 U.S.C. 3141‐3148). When required by Federal program legislation,  all prime construction contracts in excess of $2,000 awarded by non‐Federal entities must include a  provision for compliance with the Davis‐Bacon Act (40 U.S.C. 3141‐3144, and 3146‐3148) as  supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions  Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with  the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less  than the prevailing wages specified in a wage determination made by the Secretary of Labor. In  addition, contractors must be required to pay wages not less than once a week. The non‐Federal  entity must place a copy of the current prevailing wage determination issued by the Department of  Labor in each solicitation. The decision to award a contract or subcontract must be conditioned  upon the acceptance of the wage determination. The non‐Federal entity must report all suspected  or reported violations to the Federal awarding agency. The contracts must also include a provision  54  MnDOT Contract No. 1052067       10  for compliance with the Copeland “Anti‐Kickback” Act (40 U.S.C. 3145), as supplemented  by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public  Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).  The Act provides that each contractor or subrecipient must be prohibited from inducing, by any  means, any person employed in the construction, completion, or repair of public work, to give up  any part of the compensation to which he or she is otherwise entitled. The non‐Federal entity must  report all suspected or reported violations to the Federal awarding agency.  18.1.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701‐3708). Where applicable, all  contracts awarded by the non‐Federal entity in excess of $100,000 that involve the employment of  mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as  supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,  each contractor must be required to compute the wages of every mechanic and laborer on the basis  of a standard work week of 40 hours. Work in excess of the standard work week is permissible  provided that the worker is compensated at a rate of not less than one and a half times the basic  rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40  U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be  required to work in surroundings or under working conditions which are unsanitary, hazardous or  dangerous. These requirements do not apply to the purchases of supplies or materials or articles  ordinarily available on the open market, or contracts for transportation or transmission of  intelligence.  18.1.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition  of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter  into a contract with a small business firm or nonprofit organization regarding the substitution of  parties, assignment or performance of experimental, developmental, or research work under that  “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR  Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under  Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations  issued by the awarding agency.  18.1.7. Clean Air Act (42 U.S.C. 7401‐7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251‐ 1387), as amended ‐ Contracts and subgrants of amounts in excess of $150,000 must contain a  provision that requires the non‐Federal award to agree to comply with all applicable standards,  orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401‐7671q) and the Federal  Water Pollution Control Act as amended (33 U.S.C. 1251‐1387). Violations must be reported to the  Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).  18.1.8. Debarment and Suspension (Executive Orders 12549 and 12689) ‐ A contract award (see 2 CFR  180.220) must not be made to parties listed on the governmentwide exclusions in the System for  Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement  Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),  “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended,  or otherwise excluded by agencies, as well as parties declared ineligible under statutory or  regulatory authority other than Executive Order 12549.  18.1.9. Byrd Anti‐Lobbying Amendment (31 U.S.C. 1352) ‐ Contractors that apply or bid for an award  exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it  will not and has not used Federal appropriated funds to pay any person or organization for  influencing or attempting to influence an officer or employee of any agency, a member of Congress,  officer or employee of Congress, or an employee of a member of Congress in connection with  obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must  55  MnDOT Contract No. 1052067       11  also disclose any lobbying with non‐Federal funds that takes place in connection with obtaining any  Federal award. Such disclosures are forwarded from tier to tier up to the non‐Federal award.  18.1.10. Local Government will comply with 2 CFR § 200.323.  18.1.11. Local Government will comply with 2 CFR § 200.216.  18.1.12. Local Government will comply with 2 CFR § 200.322.  18.2. Drug‐Free Workplace.  The Local Government will comply with the Drug‐Free Workplace requirements  under subpart B of 49 C.F.R. Part 32.  18.3. Title VI/Non‐discrimination Assurances.  The Local Government hereby agrees that, as a condition of  receiving any Federal financial assistance under this Agreement, it will comply with Title VI of the Civil  Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d), related nondiscrimination statutes (i.e., 23 U.S.C. § 324,  Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and  applicable regulatory requirements to the end that no person in the United States shall, on the grounds of  race, color, national origin, sex, disability, or age be excluded from participation in, be denied the benefits  of, or otherwise be subjected to discrimination under any program or activity for which the Local  Government receives Federal financial assistance.   The Local Government hereby agrees to comply with all applicable US DOT Standard Title VI/Non‐ Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E,  which can be found at: https://edocs‐ public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035.  If federal funds are  included in any contract, the Local Government will ensure the appendices and solicitation language within  the assurances are inserted into contracts as required. State may conduct a review of the Local  Government’s compliance with this provision. The Local Government must cooperate with State  throughout the review process by supplying all requested information and documentation to State, making  Local Government staff and officials available for meetings as requested, and correcting any areas of non‐ compliance as determined by State.   18.4. Buy America.  The Local Government must comply with the Buy America domestic preferences contained  in the Build America, Buy America Act (Sections 70901‐52 of the Infrastructure Investment and Jobs  Act, Public Law 117‐58) and as implemented by US DOT operating agencies.  18.5. Federal Funding Accountability and Transparency Act (FFATA)  18.5.1. This Agreement requires the Local Government to provide supplies and/or services that are funded  in whole or in part by federal funds that are subject to FFATA. The Local Government is responsible  for ensuring that all applicable requirements, including but not limited to those set forth herein, of  FFATA are met and that the Local Government provides information to the MnDOT as required.   a. Reporting of Total Compensation of the Local Government’s Executives.   b. The Local Government shall report the names and total compensation of each of its five most  highly compensated executives for the Local Government’s preceding completed fiscal year, if  in the Local Government’s preceding fiscal year it received:  i. 80 percent or more of the Local Government’s annual gross revenues from Federal  procurement contracts and Federal financial assistance subject to the Transparency Act,  as defined at 2 CFR 170.320 (and subawards); and   ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and  subcontracts), and Federal financial assistance subject to the Transparency Act (and  subawards); and  56  MnDOT Contract No. 1052067       12  iii. The public does not have access to information about the compensation of the  executives through periodic reports filed under section 13(a) or 15(d) of the Securities  Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue  Code of 1986. (To determine if the public has access to the compensation information,  see the U.S. Security and Exchange Commission total compensation filings at  https://www.sec.gov/answers/execomp.htm).  Executive means officers, managing partners, or any other employees in management  positions.  c. Total compensation means the cash and noncash dollar value earned by the executive during  the Local Government’s preceding fiscal year and includes the following (for more information  see 17 CFR 229.402(c)(2)):   i. Salary and bonus.   ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount  recognized for financial statement reporting purposes with respect to the fiscal year in  accordance with the Statement of Financial Accounting Standards No. 123 (Revised  2004) (FAS 123R), Shared Based Payments.   iii. Earnings for services under non‐equity incentive plans. This does not include group life,  health, hospitalization or medical reimbursement plans that do not discriminate in favor  of executives, and are available generally to all salaried employees.   iv. Change in pension value. This is the change in present value of defined benefit and  actuarial pension plans.   v. Above‐market earnings on deferred compensation which is not tax qualified.   18.5.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance,  termination payments, value of life insurance paid on behalf of the employee, perquisites or  property) for the executive exceeds $10,000.  18.5.3. The Local Government must report executive total compensation described above to the MnDOT  by the end of the month during which this Agreement is awarded.  18.5.4. The Local Government will obtain a Unique Entity Identifier number and maintain this number for  the term of this Agreement.  This number shall be provided to MnDOT on the plan review checklist  submitted with the plans for each Project.    18.5.5. The Local Government’s failure to comply with the above requirements is a material breach of this  Agreement for which the MnDOT may terminate this Agreement for cause.  The MnDOT will not be  obligated to pay any outstanding invoice received from the Local Government unless and until the  Local Government is in full compliance with the above requirements.    [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK.] 57 MnDOT Contract No. 1052067     13      City of Saint Anthony  Local Government certifies that the appropriate  person(s) have executed the contract on behalf of the  Local Government as required by applicable articles,  bylaws, resolutions or ordinances.  By:   Title:   Date:       By:   Title:   Date:                                                   DEPARTMENT OF TRANSPORTATION      By:   Title:   Date:     COMMISSIONER OF ADMINISTRATION  By:   Date:  58 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-014 A RESOLUTION APPROVING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ACT AS THE CITY’S AGENT IN ACCEPTING FEDERAL AID WHEREAS,that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of St. Anthony Village to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. NOW, THEREFORE, BE IT RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City of St. Anthony Village to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1052067“, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted this 10th day of January, 2023. _____________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager 59 THIS PAGE LEFT INTENTIONALLY BLANK 60 1/4/2023 1 Transforming lives today, creating a better tomorrow for youth, adults, families, and our community About Us Community Driven Nonprofit founded in 1976 10 Municipalities came together and identified significant unmet needs in region for youth Together created NYFS –started with 4 staff and 2 programs –Juvenile Diversion and Youth Mental Health Locations in Shoreview and White Bear Lake Support youth and the whole family –healthy families are the building blocks of healthy communities Trauma-informed and culturally responsive care Focus on ensuring access and reducing barriers to care –especially financial barriers –serve clients that are uninsured, underinsured, low income 2 1 2 61 1/4/2023 2 Relationships in Service of the Community Longstanding Partnerships 15 Municipalities 5 Law Enforcement Agencies 3 School Districts Ramsey Co Attorney’s Office & Sheriffs Department Board largely comprised of City Council Members from municipal partners 3 FY 2021-22 Stats: Clients 4 153 46 189 302 72 24 Diversion Elderly Services School Based Clinic Based Community Advocate Day Treatment 786 3 4 62 1/4/2023 3 FY 2021-22 Stats: Appointments 5 21,696 total appointments •496 meetings with 72 Community Advocacy Clients •447 meetings with 153 Diversion clients •657 family and couple therapy sessions with 138 client families •337 Assessments for Mental Health Services The State of Youth Mental Health in MN Clients have more severe mental health and resource challenges than we have ever seen before Trauma, anxiety, depression, suicidal behavior, panic attacks, social relationship problems, isolation, failure to make developmental gains, emotional regulation and anger difficulties, drug and alcohol use, etc. Now, one in three youth have a diagnosable mental health condition – significant increase since COVID On Minnesota Student Survey 2022: 19%of 11th grade males and 46%of 11th grade females report having a long term (6 months or longer) mental health condition. 43%of 11th grade males and 64% of 11th grade females report having 1 or more Adverse Childhood Experiences (ACEs).6 5 6 63 1/4/2023 4 Mental Health Programs Clinic Based Mental Health Individual,Couples,Family,and Group Therapy In Person or Telehealth Serve 4 years old through lifespan Art, Play, and Trauma Therapy School Based Mental Health Embedded model –serve the clients and the school 3 school districts, elementary through high school NETS Day Treatment Higher acuity, half day therapy/half day school Middle and High School Students 7 Community Service Programs Youth Diversion Referred due to offenses such as theft, drug use, etc. Alternative to traditional justice system Based on restorative principles: Youth attend educational seminars with their parents, perform community service and pay restitution. Community Connections 7-week program helping youth perceive a brighter future through mentorship, career exploration, educational exposure, and service. Community Advocacy Contracts with 5 Law Enforcement Agencies Co-create public safety Provide support for citizens outside of scope of LE: resource referral, crisis intervention, mental health, housing, domestic violence, neighbor disputes, chemical dependency, etc. 8 7 8 64 1/4/2023 5 Innovating into the Future Expanding Community Connections to general youth referrals Adding specialized advocates –domestic violence,youth,elders Building and expanding Play Therapy Services Expanding modalities such as art therapy, horticulture therapy, among other culturally responsive interventions Establish NYFS as a Training Site for new providers with pathways for BIPOC providers More group therapy offerings and support for parents Staff wellness and work sustainability measures to support longevity in the field 9 For More Information and to Become Involved Angela Lewis-Dmello, MSW, LICSW President & CEO Angela.lewisdmello@nyfs.org 651-379-3404 www.nyfs.org Follow us on Facebook and LinkedIn NYFS is here for you, because of you. Shoreview: (651) 486-3808 | White Bear Area: (651) 429-8544 10 9 10 65 innovate trust connect We have heart. 2021-2022 Report to the Community 66 Reflections from the President and CEO It is incredible to think about all that Northeast Youth & Family Services (NYFS) has accomplished during the 2021-2022 fiscal year. As we continue to deepen our work, I want to give you a glimpse into how we are adapting and expanding what we offer in response to community and client-driven needs. We’ve responded to multiple community crises by increasing access to mental health crisis support, offered trainings on the effects of the pandemic on mental health, and crucially, expanded our Diversion Services to include Community Connections. This seven-week program helps youth develop social and emotional skills while expanding their horizons and helping them deepen their commitment to their own futures through service, post-secondary education exposure, career exploration, and mentorship. While the pandemic required us to quickly adapt to new realities and needs, we are now fully integrating these changes into our business model and organizational infrastructure. Most notably, we have embraced the opportunities that telehealth care offers and see how this option reduces or eliminates barriers of time and transportation while increasing our ability to offer vital mental health support to those who might not receive it any other way. Finally, we thoughtfully and compassionately navigated a change in executive leadership — celebrating the vision and investment of outgoing President and CEO, Tara Jebens-Singh. I am thankful to have experienced an intentional and collaborative onboarding process which provided a comprehensive understanding of the organization, its current strengths and challenges, and its opportunities for growth. I am grateful for a welcoming, committed, and talented staff and board of directors who are ready to move us into the next chapter of our collective story, grounded in our powerful mission and client- centered values. While past few years at NYFS, and in our community, have been marked by rapid change, one thing remains the same – our commitment to service through collaboration with our partners. Together we are transforming the lives of our clients and community, and I am thrilled to be able to do this work with you. Angela Lewis-Dmello, LICSW President & CEO 2 WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY Together we are transforming the lives of our clients and community, and I am thrilled to be able to do this work with you. community- centered committed& 67 Our Partners MUNICIPALITIES Birchwood Village Falcon Heights Hugo Little Canada Lauderdale Mahtomedi Mounds View New Brighton North Oaks Roseville St. Anthony Shoreview Vadnais Heights White Bear Lake White Bear Township SCHOOL DISTRICTS Roseville Area Schools Mounds View Public Schools White Bear Lake Area Schools LAW ENFORCEMENT AGENCIES Mounds View New Brighton Roseville St. Anthony White Bear Lake 3NYFS.ORG Together we accomplish so much more than we could ever do on our own! Highlights & Outcomes FY 2021-2022 786 clientsserved Diversion Elderly Services School Based Clinic Based Community Advocate PROGRAM: 21,696 total appointments 496 meetings with 72 Community Advocacy Clients 447 meetings with 153 Diversion clients 657 family and couples therapy sessions with 138 client families 337 Assessments for Mental Health Services of care was provided at low or no cost to clients with financial barriers to care.$64,000 153 46 189 302 72 68 4 WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY NYFS’s mission is founded on access to critical services and acting as a safety net for our community’s mental health needs. We have seen the multi-layered effects of the pandemic on mental health care and are dedicated to meeting current and emerging needs. Because of this, our efforts are increasingly culturally-responsive and trauma-informed as we continue to evaluate and expand our services. Trauma-informed care is all about serving our clients in the context of their lived experiences. Many individuals in our community have chronic stress and histories of trauma. Often these experiences cause mental and physical health concerns. At NYFS, we believe that it is our responsibility to ensure that our services don’t cause further harm to any of our clients, not just those that have trauma. This is ongoing work that continues to evolve as we learn more over time. Because of this, our physical clinic spaces in Shoreview and White Bear Lake, the organization’s culture, and the program services, policies, and practices themselves are developed to be trauma-informed and are reviewed regularly to reflect current best practices. To be truly trauma-informed requires being culturally responsive — the deep integration of our client’s culture into their care. We partner with our clients to provide services in the ways that our clients say best support their healing and growth. This means understanding the context of oppression that many of our clients experience due to their intersecting identities and attending to that in therapy. It also means integrating an understanding of historical and intergenerational trauma on mental health. Many of the reasons people suffer are not due to their own psychology or relationships, but rather, due to the larger socio-cultural context of oppression experienced every day. As Tara Hjelmberg, NYFS Director of Mental Health shares, “Trauma-informed and culturally-responsive care allows a space where each individual is seen, heard and understood in their context. It is only within this space that we can assist in the clients’ healing and overall wellness.” This responsiveness recognizes that there is no “one size fits all” version of healing. What each of us needs is different — and not everyone benefits from a western mental health model of individual weekly therapy sessions. NYFS has been expanding our services to offer different culturally-responsive trauma treatments across the lifespan, including art therapy, and we look forward to expanding our play therapy and horticultural therapy offerings. For those healing services we do not offer at NYFS, we continue to build referral relationships to cultural and community healing practices that serve the whole person. We believe this partnership with our clients encourages creativity and an expansive perspective on healing and recovery. Clinic-Based Mental Health Program Trauma-informed and culturally-responsive care recognizes that there is no “one size fits all” version of healing. Healing Happens in Many Ways empower support& 69 Since the start of the pandemic, our community and our country have seen a three-fold increase in the number of youth with diagnosable mental health conditions as well as an increase in the urgency and severity of mental health needs. Our youth have lived through a global pandemic during a crucial stage of their development and are more likely than previous generations to seek mental health care. These factors, combined with the sharp decline in mental health providers — especially those working with youth in nonprofits — has created an unprecedented strain on providers, individuals, and their loved ones. The American Academy of Pediatrics, the American Academy of Child & Adolescent Psychiatry, and the Children’s Hospital Association, have declared the state of child and adolescent mental health a national emergency. NYFS School-Based Therapist Carolyn Babekuhl reflects, “Over the past two and a half years, the entire world has experienced trauma from the pandemic, including our children. They lost loved ones, financial stability, and missed significant developmental milestones. These challenges are not addressed just by returning to school in-person. Although students have returned to school, they have not had the opportunity to process these losses and it is expressed through their behavior. It is apparent that we need to prioritize the mental health of our youth at this time.” At NYFS, our School-Based Mental Health services offer youth the benefits of developmentally-targeted therapy in a school setting where they have the greatest opportunity to regularly access the help they need or receive support when in crisis. In addition to heightened social and emotional concerns, we are seeing youth with significant (and often deferred) needs including high rates of post-traumatic stress disorder, anxiety with panic attacks, severe depression, and thoughts or plans of suicide. We ensure that youth can access these trauma-informed and culturally- responsive services on a sliding-fee scale. At NYFS we serve three school districts in the Roseville, Mounds View, and White Bear Lake areas, offering care from elementary through high school-age students. We work in meaningful partnership with school staff, supporting the overall mental health needs of youth in the schools we serve. Sometimes this includes active mental health response to school personnel, teachers, and students following a crisis or tragedy. We are there to serve the whole school as comprehensively as we can. Even as the need strains our system’s ability to ensure care to those who most need it, we feel immense hopefulness as the narrative around youth mental health is changing. And it is the youth who are leading the way in ensuring their own healthy futures. School-Based Mental Health Program NYFS.ORG 5 Serving Youth in Schools Amidst a Mental Health Crisis “The problems we are seeing are greater in both number and intensity. There are more students who are struggling with their mental health, and because there are more needs across the whole system of care, we are filling a gap for youth who actually need a higher level of care.” — Steven Lutes, School-Based Mental Health Programs Manager 70 Northeast Treatment Services (NETS) Day Treatment program serves youth who have mental health needs that cannot be successfully treated in weekly psychotherapy visits, but don’t need intensive outpatient programming or the short-term stabilization of a hospital inpatient setting. NETS youth receive longer-term intensive healing support but can remain in their homes and communities while accessing a broad range of services. Day treatment also offers an alternative to residential treatment, which removes youth from their family and community. Most youth that come to our day treatment services face many obstacles, often reporting upwards of seven or eight significant life traumas. They may hold all of that suffering in, or they may push it out into the world through unhealthy coping or harmful behaviors. At NYFS, our day treatment team wants to help these youth every moment that they are with us for services, to learn a better way of engaging their emotions and their relationships so that when they really start to feel better — they have the tools they need to succeed outside of NYFS. NYFS’s day treatment services are unique, and so much of this is due to our exceptional team. “As a team we are a cohesive unit. Built on trust,” says NETS Therapist LaTarsha Bronaugh. “We strive to be open, understanding, flexible and give one another grace. That transforms into putting client and family needs at the center of their healing journey while at NETS.” Similar programs are known for being a training site for new mental health providers — resulting in high turnover of staff. At NYFS, we average 8-10 years on the day treatment team, some staff working in the program for more than 20 years. They have a wealth of experience and a beautiful rhythm in the work together — doing so in compassionate, creative, and intuitive ways. This translates directly to the care they provide. There isn’t a crisis they can’t handle or a youth with whom at least one of them can connect. They provide seamless trauma-informed, culturally responsive care. 6 WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY Northeast Treatment Services (NETS) Day Treatment Program Intuitive Team-Based Care “With this team, no challenge ever feels insurmountable. The team is balanced; filled with numerous abilities, passions, and expertise combined with decades of experience. This allows our authentic selves to truly shine. With such a trusting, committed, and cohesive group we can provide the supportive, caring, and nurturing environment that our clients so desperately need and are lacking in their own lives and relationships.” — Ben Moburg, NETS Day Treatment Practitioner 71 Diversion Program & Community Connections Program “The last few years have been really tough on our youth. A lot of those connections, and feeling like being a part of a community, have gone away. Youth and their families are really struggling and that’s why programs like these are so important.” — Erika Scheider, Roseville Chief of Police The Diversion program serves as an alternative to the traditional juvenile justice system for youth who are charged with misdemeanor and status offenses such as theft and alcohol or drug use. With targeted support, they are able to redirect their lives and get back on track. Youth attend educational seminars with their parents or caregivers, perform community service work, and pay restitution. But addressing the offense and its impact is only part of this restorative justice program. NYFS Diversion Coordinator Jackie McGovern says that working with youth to learn what is going on in their life is key to understanding what circumstances may have contributed to the negative behavior. “By addressing the root causes of the behaviors, the youth is able to receive the help they need and is much less likely to reoffend in the future. We are here to help them change the trajectory of their lives. We focus on their future, not just on their past offense.” Successful graduates of the Diversion program who still need additional support can enroll in our new Community Connections program – a seven week group- based experience for youth that builds social skills, self- confidence, and resilience through career exploration, volunteer activities, and connections with other community service organizations. The program aims to help address risk factors that youth face by providing youth with alternatives through positive social interaction with peers, interaction with positive adults in the community, and access to community resources. Better Outcomes, Brighter Futures NYFS.ORG 7 confidence resilience& 72 Bridging the Gap Between Law Enforcement and Community Support Community Advocate Program NYFS Community Advocate Joshua Grant has a unique and necessary role in the communities we serve. He works with residents who have been involved with local law enforcement but have needs that cannot be sufficiently addressed by law enforcement alone. “Officers are on the scene when there is a crisis, and we definitely need their help in those moments,” he says. “But they are not trained or equipped to assess and work on the issues that led up to the crisis point. Often these problems are multi-layered and require long hours of work to rebuild trust and help residents get and stay connected with additional support systems in our community.” Joshua works with individuals and families experiencing chronic mental health issues, family instability, complex medical needs, chemical dependency and other problems that require a high degree of care. By addressing these underlying issues, the need for law enforcement intervention is greatly reduced and officers are freed up to spend more time on other work while the resident receives the more intensive support they need. The Community Advocate Program currently serves the cities of Mounds View, New Brighton, Roseville, St. Anthony and White Bear Lake and has been well received by residents and law enforcement. “We believe in the co-production of public safety,” says Tony Paetznick, New Brighton Director of Public Safety. “We all have a role to play in making our communities a better place to live and work.” “Officers are on the scene when there is a crisis, and we definitely need their help in those moments. But they are not trained or equipped to assess and work on the issues that led up to the crisis point. Often these problems are multi-layered and require long hours of work to rebuild trust and help residents get and stay connected with additional support systems in our community.” — Joshua Grant, NYFS Community Advocate 58WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY compassion trust& 73 Carolyn Babekuhl, LICSW School Based Therapist Laurie Berlin, LMFT School Based Therapist Latarsha Bronaugh, LPCC NETS Day Treatment Therapist Miaa Bulchaa Senior Program Assistant Mai Chang, Senior Program Assistant Joshua Grant Community Advocate Denise Greene Building & Office Manager David Gullickson Accounting Assistant Tara Hjelmberg, LMFT Director of Mental Health Molly Larson Program Assistant Angela Lewis-Dmello, LICSW President & CEO Steven Lutes, LICSW School Based Services Manager Amelia Maijala Marketing, Communications and Development Specialist Samuel McGinnity Diversion Community Connections Coordinator Jackie McGovern Community Services Manager Ben Moburg NETS Day Treatment Practitioner Laurie Moser, LMFT NETS Day Treatment Manager Alex Moti Information Analyst Kathryn Muellner, LICSW NETS Day Treatment Therapist Andy Peach, NETS Day Treatment Practitioner Angie Siegle-Pugh, LMFT REACH Therapist Jocelyn Thoemke, LMFT, ATR-BC Clinic Based & Art Therapist Becky Tjornhom Front Office NYFS.ORG 9 NYFS Staff OFFICERS Wayne Groff, Chair Rep: City of Roseville Jack Serier, Past Chair Rep: Community Cory Springhorn, Vice Chair Rep: City of Shoreview Scott McCune, Treasurer Rep: White Bear Township Desaree Crane, Secretary Rep: Community MEMBERS Judy Cognetta Rep: North Oaks Mariel Culhane Rep: Community Monica Roth Day Rep: Community Jennifer Fink Rep: City of New Brighton Nicole Joy Frethem Rep: Ramsey County Roxanne Grove Rep: City of Lauderdale Heidi Hughes Rep: City of White Bear Lake Jan Jenson Rep: Village of St. Anthony Curtis Johnson Rep: Roseville School Board Lisa Laliberte Rep: Community Jennifer Lodin Rep: Mounds View Public Schools Monica Lynghaug Rep: Community Gary Meehlhause Rep: City of Moundsview Teresa Miller Rep: City of Little Canada John Skillings Rep: Community NYFS Board of Directors Our mission is transforming lives today — creating a better tomorrow for youth, adults and families in our community. We appreciate the support of our staff, volunteers, donors, and our community. You make this work possible. Thank you. 74 American National Bank Mary Anders Morris Barbara Anderson Bonnie Anderson Andersen Corporate Foundation Kay Andrews Anonymous Dean & Debra Armstrong Robert Ash Lynn Ault Steve Bachman Thomas & Kathleen Baldwin Mary Bandt Bob Benke Berger Allied Moving & Storage, Inc. Joan Bergeson Kent Bergh Laurie Berlin Geraldine Blanski Steve Bloom Majorie Boening Beverly Bosse Pamela Brabeck Michael Bradley David Bruce Robert Cardinal Kathy and Paul Ciernia Charitable Gift Fund Thomas Clark Charles & Sharon Clysdale Coldwell Banker Realty Cares Foundation Kirsten Dawson Monica Roth Day Dena DeGroat – Thrivent Financial Steven Dehler The Dellwood Foundation, Inc Eric & Teri Eberhardt Kevin Edberg Erickson, Bell, Beckman and Quinn, PA Jason & Jessica Etten David Evans Jane Eyestone First Resource Group Steve Forshay Bill Foussard Frandsen Bank & Trust Amy Frane-Gower Bob Freed Susan Gaertner James & Joan Gardner Susan Gehrz Ellen Gevers Kitty Gogins Gori and Associates, LLC Greater Midwest Financial Group Lorna Green Roger & Mindy Greiling Barbara Grengs Georgeann Hall James Halverson Mary Harrington Dennis Harris Scott Henry Kathleen Heyman Nancy Hite Michael Hinz Geoff Hollimon Sharon Hood Alan Hull Peggy Huot Hansen Paul & Denise Jacobsen The Jebens-Singh Family Fredrick Kaiser Raye Kanzenbach Charles Keffer Barbara Kellett Kevin Kelly Jane Klehr Greg & Frances Knothe Debra Kohen Kohli Real Estate Group George Krienke Kathryn Kufus Marjorie Kulseth Karin Larson Victoria Larsen Barbara Leary Don Lee Roger & Ellen Lillemoen Amanda Little The Lutheran Church of the Resurrection Amelia Maijala Manitou Fund Carol Marchel John & Connie Marty Mary McDowall Tam McGehee Bryan McGinnis Gary & Kim Meehlhause Kelly Merriman Bruce & Leeann Meyer David Morris Anne & David Myers Lindsay Nauen Northeast Bank Northeast Metro Golden K Kiwanis John and Marla Ordway Charitable Lead Trust Phyl & Doug Ostergren Otto Bremer Trust Mary Ann Palmer Gloria & Warren Pederson The Peter J. King Family Foundation Mary Peterson The Phillips Family Fund Lee & Sandi Poppe Press Publications Urho & Pamela Rahkola Ramsey County Children’s Mental Health Collaborative Victoria Reinhardt Bruce Robb Daniel Roe Roseville Area Community Foundation Kennon Rothchild, Jr. Saint Paul & Minnesota Foundation Andy & Virginia Sall Susan Sands Jane Scheidnes Marilynn Scherrer Thomas & Lana Schuette Scientific Molding Corp, Ltd Carol Seidenkranz Donald Severson SMC Ltd. Carol Sletner Howell Smith John & Marsha Soucheray Florence Sprague Cory Springhorn St. Michael’s Lutheran Church Mark Stange Andrew Stark June Stewart Anthony Stieber Strategic, Consulting and Coaching, LLC Brian Strub Judy Stuthman Suburban Ramsey Family Collaborative Colin Sundeen John Suzukida Jeanne Szurek Techie Dudes Ann Thonet Gerry Urban Urban’s Farm and Greenhouses, LLC. Vadnais Heights Community Foundation Vadnais Heights Lions Club Mary Kay VonDeLinde John Wazlawik James Weichert Teresa Wernecke Pat Whelan Adrienne Wickstrom Roger Williams Jodi Wolkerstorfer Thank you to our Donors! Donors: FY 2021-2022 10 WE HAVE HEART — 2021-2022 REPORT TO THE COMMUNITY Please accept our sincere apologies if we omitted or misspelled your name. Notify us of corrections by calling (651) 379-3447 Thank you for your support! 75 NYFS.ORG 11 Financial Position: FY 2021-2022 Statement of Activities Without With Donor Donor Restrictions Restrictions Total SUPPORT AND REVENUE Support: Grants and Contributions $ 278,281 $ - $ 278,281 Municipality Contract Revenue 502,435 - 502,435 Employee Retention Credit 220,576 - 220,576 Loan Forgiveness 430,776 - 430,776 Total Support 1,432,068 - 1,432,068 Revenue: Program Service Fees 1,485,531 - 1,485,531 Rental Income 474,245 - 474,245 Investment Loss (11,713) - (11,713) Total Revenue 1,948,063 - 1,948,063 Net Assets Released from Restrictions 15,000 (15,000) - Total Support and Revenue 3,395,131 (15,000) 3,380,131 EXPENSES Program Services: Mental Health 1,982,278 - 1,982,278 Community Services 270,063 - 270,063 Total Program Services 2,252,341 - 2,252,341 Supporting Services: Management and General 962,748 - 962,748 Fundraising 97,592 - 97,592 Total Supporting Services 1,060,340 - 1,060,340 Total Expenses 3,312,681 - 3,312,681 INCREASE (DECREASE) IN NET ASSETS 82,450 (15,000) 67,450 Net Assets - Beginning of Year - as Restated 1,391,220 15,000 1,406,220 NET ASSETS - END OF YEAR $ 1,473,670 $ - $ 1,473,670 REVENUE Individuals: $122,807.25 Municipalities: $408,547.80 Contract and Grants: $988,742.65 Third Party Billing and Fees: $628,013.64 Occupancy: $474,245.01 EXPENDITURES Mental Health: $1,982,278.00 Community Services: $270,063.00 Management and General: $962,748.00 Fundraising: $97,592.00 60% 8% 29% 3% 5% 16% 38% 24% 18% YEAR ENDED JUNE 30, 2022 76 NYFS is here for you, because of you. If you need help — reach out today. If you can offer help — please donate. ©2022 Northeast Youth & Family Services. All rights reserved. 3490 Lexington Ave N, Suite 205 Shoreview, MN 55126 TO MAKE AN APPOINTMENT: Call us at 651-486-3808 or go to nyfs.org/request-appointment TO DONATE: Go to nyfs.org/donate or mail your donation to NYFS, 3490 Lexington Ave. N. Shoreview, MN 55126 Shoreview Headquarters 3490 Lexington Avenue North, Suite 205 Shoreview, MN 55126 Phone: (651) 486-3808 Fax: (651) 486-3858 White Bear Lake Clinic 1280 North Birch Lake Blvd. White Bear Lake, MN 55110 Phone: (651) 429-8544 Fax: (651) 407-5301 LOCATIONS: @NYFS2 NYFSorg Northeast Youth & Family Services NYFS.ORG 77 AGREEMENT 1. PARTIES This agreement is made and entered into by and between the City of Saint Anthony Village, Minnesota (“Municipality”) and Northeast Youth and Family Services (“NYFS”). 2. RECITALS a. NYFS is a non-profit social service agency whose mission is to meet the unmet developmental needs of at-risk youth and families within their community environment with emphasis on providing services through collaboration and coordination with existing community resources. These services are available to youth and families residing in the northern suburbs of Ramsey County, including, but not limited to, the municipalities which are signatory to agreements which are identical to this Agreement (“participating municipalities”) and students and families from Independent School Districts 621, 622, 623, 624, 282, and 832. b. Through this Agreement the Municipality intends to contract with NYFS to provide such services to its residents and to act as a sponsor of NYFS by providing financial support, a method to establish appropriate services to be provided and policy guidance for its activities. c. This Agreement shall be used as the formal agreement between NYFS and each of the participating municipalities. This Agreement is intended to continue the spirit of cooperation and collaboration in the provision of social services between the Municipality and NYFS. 3. TERMS AND CONDITIONS In consideration of the mutual understandings of this Agreement, the parties hereby agree as follows: a. Prior Agreements Cancelled. By execution of this Agreement any prior agreements and amendments thereto between the parties are hereby cancelled. b. Services Provided. NYFS shall provide the Municipality and its residents with youth and family programs set forth in the Addendum attached hereto. c. Principles of Service and Program Establishment and Operations . On a yearly basis and prior to submission of its annual budget, as provided for hereafter, NYFS shall: 78 i. Report regarding proposed changes in services and programs to the Municipality; and ii. Establish a fair and open bidding/request for proposal (RFP) process to contract, manage or provide such services and programs, which are not directly provided by NYFS staff. d. Funding i. In addition to the participating municipalities’ share of the annual budget, funds for the operation of NYFS will be raised by NYFS endeavoring to secure user fees, grants and appropriations from private organizations, the State of Minnesota, Federal and County agencies, and other legal and appropriate sources. ii. The Municipality shall pay annually to NYFS the base amount listed in Exhibit A. This base amount will be adjusted annually for inflation/deflation based on the Standard Metropolitan Statistical Area Consumer Price Index for All Urban Consumers (CPI-U) and municipal population estimates based on MN State Demographic Center. Any adjustment in the payment beyond those indicated by reference to the CPI-U shall require approval of each of the participating municipalities. iii. Any new municipality joining into this agreement will pay a base amount annually to NYFS that is on par with the amount paid by current participating municipalities. iv. Amounts payable by the Municipality shall be paid to NYFS on or before January 30th of each year, or at a date mutually agreed upon by both parties, to cover the Municipality’s share for that year. e. Board Representation. The Municipality shall have the right to NYFS Board Representation of City Council, staff or community members (as designated by the Municipality and approved by NYFS Board) on the Board of Directors as either a Board Member or Board Advisor. f. Further Obligations of NYFS. In addition to the obligations set forth elsewhere in this Agreement, this Agreement is further contingent upon NYFS doing the follows: i. The Bylaws of NYFS shall be amended to add provisions requiring an open process for contracting services as provided for in paragraph C.2., above, and prohibiting NYFS from supporting or opposing individual candidates for election to public office in any of 79 the participating municipalities; and adding the requirement that IRS 501.C3 status be maintained. ii. On or before June 30, of any year NYFS shall submit the proposed city budgeted amount for the subsequent year. iii. On or before November 30, of any year NYFS shall submit a written report to the Municipality including an Annual Report, the audited financial statement, and a program specific summary of services provided to the municipality; in addition, 30 days from the end of each calendar quarter, NYFS shall submit a written report to the participating municipality. iv. Periodically advising the Municipality of services available through NYFS to the Municipality’s residents; v. Establishing a sliding scale for services available through NYFS to the Municipality’s residents and periodically advising the Municipality of such fees; vi. Providing other reasonable information requested by the Municipality; vii. Purchasing a policy of liability insurance in the amount of at least $1,500,000.00, naming the Municipality as an additional insured and providing a copy of the insurance certificate evidencing such policy to the Municipality; viii. Provide the Municipality with a copy of its Articles of Incorporation, Bylaws, Amendments thereto, and the IRS tax exempt status letter; ix. NYFS shall defend and indemnify the Municipality from any and all claims or causes of actions brought against the Municipality of any matter arising out of this Agreement or the services provided pursuant to this Agreement; and, x. Without the written approval of the Municipality, NYFS will not enter into any agreement with any other municipality which differs from the terms and conditions of this Agreement. g. Term. The term of this agreement will be through December 31, 2023. Unless either party gives at least 6 months written notice of its intent to cancel this Agreement effective December 31 of the year in which the notice is made, NYFS will continue to provide services to the Municipality if a successor agreement has not been executed prior to the end of the term. 80 h. (A) Distribution of Assets Upon Dissolution. If NYFS ceases to operate, the Board of Directors will do one of the following: i. Give the assets to one or more non-profit agencies providing similar social services in the northern suburbs of Ramsey County; or, ii. Form a new Foundation to fund appropriate social service programming in the northern suburbs of Ramsey County. The final Distribution of Assets Plan must be approved by the Ramsey County District Court. (B) Deviation from the Mission. If the City Council determines that NYFS has materially deviated from its mission (See II. Recitals, A.), the City Council may ask the NYFS Board of Directors to consider dissolving the agency and liquidating the assets. The Board will do one of the following: iii. Consider the request and by a majority vote deny it. iv. Consider the request and by a majority vote agree to modify the programs to be consistent with the mission. v. Consider the request and by a majority vote agree with the request and move to dissolve the agency and liquidate the assets. IN WITNESS WHEREOF, the parties have executed this Agreement on this date set forth below. MUNICIPALITY City of Saint Anthony Village By: ______________________________ Elected Official Its: ______________________________ Clerk/Manager/Administrator Dated: ______________________________ 81 NYFS Northeast Youth & Family Services By: _______________________________ President/CEO Its: _______________________________ Chair of the Board of Directors Dated: _______________________________ 12/2022 82 Northeast Youth & Family Services Municipal Participation Figures Municipal Contract Community Advocate Municipal Contract Community Advocate 2022 2022 2023 2023 Board Approved Increase Dollar increase Board Approved Increase Dollar increase of 8.5 % based on CPI-U over 2022 of 8.5 % based on CPI-U over 2022 Falcon Heights 11,286.74$ 12,246.11$ 959.37$ Little Canada 21,395.16$ 23,213.75$ 1,818.59$ Mounds View 27,455.68$ 25,750.00$ 29,789.41$ 2,333.73$ 27,938.750$ 2,188.750$ New Brighton 47,625.14$ 10,300.00$ 51,673.28$ 4,048.14$ 11,175.50$ 875.50$ North Oaks 10,926.24$ 11,854.97$ 928.73$ Roseville 74,720.32$ 20,600.00$ 81,071.55$ 6,351.23$ 22,351.00$ 1,751.00$ St. Anthony 18,678.02$ 12,875.00$ 20,265.65$ 1,587.63$ 13,969.38$ 1,094.38$ Shoreview 54,548.80$ 59,185.45$ 4,636.65$ Birchwood 1,804.56$ 1,957.95$ 153.39$ Hugo *15,000.00$ 16,275.00$ 1,275.00$ Mahtomedi 16,562.40$ 17,970.20$ 1,407.80$ Vadnais Heights 27,187.88$ 29,498.85$ 2,310.97$ City of WBL 52,443.48$ 25,750.00$ 56,901.18$ 4,457.70$ 27,938.75$ 2,188.75$ WB Tnship 22,855.70$ 24,798.43$ 1,942.73$ Lauderdale 4,678.26$ 5,075.91$ 397.65$ Total 407,168.38$ 95,275.00$ 441,777.69$ 34,609.31$ 103,373.38$ 8,098.38$ * Hugo splits its support of NYFS with another Community-Based Mental Health agency 83 THIS PAGE LEFT INTENTIONALLY BLANK 84 Contracted Services Mental Health Services: • Shoreview and White Bear Lake Mental Health Clinics – licensed mental health staff provide therapy for the emotional health of children, teens, and adults. • School-Based Mental Health – licensed mental health staff provide onsite therapy in the schools for the emotional health of students within Roseville, Mounds View, and White Bear Lake school districts. Community Service Programs: • Youth Diversion – a coordinated range of services for youth who have committed minor offenses (e.g. shoplifting, chemical/alcohol use, vandalism) to help them focus on positive behavior and prevent recidivism. • Community Connections – This seven-week program helps youth develop social and emotional skills while expanding their horizons and helping them deepen their commitment to their own futures through service, post- secondary education exposure, career exploration, and mentorship. Non-Contracted Services Mental Health Services: • Northeast Educational & Therapeutic Services (NETS) – provides therapy and academic support for youth in grades 6-12 with severe mental illnesses who cannot function in traditional school environments. Community Service Programs: • Community Advocate – This program serves people who have been involved with local law enforcement but have needs that cannot be sufficiently addressed by law enforcement alone. This can include: mental health issues, family instability, medical care and other needs. Addressing these underlying issues reduces the need for law enforcement intervention in the future. 85 Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into effective January 1, 2023, by and between the City of Saint Anthony Village, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Northeast Youth & Family Services, a Minnesota Nonprofit Corporation located at 3490 Lexington Ave North, Suite 205, Shoreview, MN 55126 ("Provider"). The City and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: Provider agrees to provide the services described in this Agreement. Statement of work. Provider will provide community advocacy services to households referred from City law enforcement departments. Services will be provided by the Community Advocate, an employee of the Provider who will work on a fulltime basis independently and collaboratively with the City. The Community Advocate will be supervised by the designee within Northeast Youth & Family Services. The Community Advocate will provide “follow up” activities to referred households which will include efforts to establish a relationship, assess needs, develop a Goal Action Plan, connect to resources, and follow up on the impact of the Goal Action Plan. The Community Advocate will maintain regular communication with an identified City “point of contact” regarding new referrals, progress on current referrals and follow up on closed referrals. The Community Advocate will typically work a traditional Monday through Friday schedule during business hours, with occasional evening hours as contact with referrals necessitate. Generally, the work schedule may be set between the Community Advocate and the supervisor designee at Northeast Youth & Family Services. Time For Completion. The services rendered by Provider will commence on January 1, 2023, and will continue for one year, unless this agreement is terminated or renewed in accordance with the relevant provisions within. Project Management. Provider will assign specific individuals as principal project members and ensure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Provider is responsible to place an appropriate employee in the role of Community Advocate. 86 Page 2 of 9 The City will designate a “point of contact” as the project manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The project manager shall have the authority to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. Billings and Payment. Services provided to the City will be provided as part of a collaborative program at an approved upon cost of $13,969.38 to the City. The City shall have no liability or bear any responsibility for payment for any services provided by Provider outside the scope of this agreement, even if the individual was identified or referred for such services via the services provided for in this agreement. City Responsibilities. The City will provide Provider with access to information from City documents, staff, and other sources needed by Provider to complete the work described in this Agreement. Amendment or Changes to Agreement. A. City or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes must be authorized in writing in advance by either the City or Provider. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement are valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules may not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" includes any future amendments, modifications, and additional schedules made in accordance with these terms. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement must be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications must be addressed as follows: To the City To the Provider City of Saint Anthony Village Northeast Youth & Family Services Attn: Saint Anthony Village Police Department Attn: President & CEO 3301 Silver Lake Road 3490 Lexington Ave North, Suite 205 St Anthony, MN 55418 Shoreview, MN 55126 87 Page 3 of 9 Survival of Obligations. A. The respective obligations of the parties under these terms and conditions, which by their nature would continue beyond termination, cancellation, or expiration, will survive termination, cancellation, or expiration of this Agreement. B. If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision of the Agreement is unlawful, this Agreement or that provision, will terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement will continue in effect. Records, Dissemination of Information. A. For purposes of this Agreement, the following words and phrases have the meanings given in this section, except where the context clearly indicates that a different meaning is intended. "Work product" means any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Provider's services under this Agreement. "Work Product" does not include any data or information in any form that relates to the provision of services to an individual by the Provider that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. "Supporting documentation" means any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Supporting Documentation" does not include any data or information in any form that relates to the provision of services to an individual by the Provider that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. "Business records" means any books, documents, papers, account records and other evidences, whether written, electronic, or in other forma, belonging to Provider and pertaining to work performed under this Agreement. "Business records" does not include any data or information in any form that relates to the provision of services to an individual by the Provider that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. B. All deliverable work products and supporting documentation that directly result from the Provider's services under this Agreement and that are not protected personally -identifiable information will be delivered to the City throughout the engagement under this Agreement and at the conclusion of services. 88 Page 4 of 9 C. The Provider agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Provider under this Agreement, and that are not protected personally-identifiable information, will be delivered to the City by Provider by the termination date and there will be no further obligation of the City to Provider except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The parties agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. The parties agree to abide strictly by Chapter 13, Minnesota Government Data Practice Act, and any other applicable data privacy and security laws and regulations. The requirements of this provision do not apply to any information or data created, collected, received, stored, used, maintained, or disseminated by Provider in providing services to an individual that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. G. Notwithstanding anything in this Agreement to the contrary , Provider will comply with all state and federal laws applicable to the disclosure of information related to the health status of or provision of health care to individuals served by Provider. In the event of any ambiguity or conflict between any laws regarding disclosure of such information, such ambiguity or conflict shall be resolved in favor of the law or interpretation that is most protective of the privacy and confidentiality of the individual served. Provider will create, maintain, and secure personally-identifiable health information as appropriate to document interventions or care provided by Provider in Provider's sole discretion. Personally-identifiable health information may be reported to the City only as authorized by law. Personally-identifiable data may be shared with the subject's consent. Personally- identifiable information may be shared without the subject's consent to prevent or lessen a serious or imminent threat to the health or safety of an individual or the public or if the subject is involved in an emergency interaction and disclosure of information is necessary to protect the health or safety of the referred person or another person. Certain data obtained by the City to respond to an emergency are private data on individuals and will not be used for any other purpose. To the extent possible, private data released to the City to respond to an emergency will be marked and designated as private data by the releasing party or person. 89 Page 5 of 9 The parties will document releases of information as required by law, including the date and circumstances under which the release was made, the person or agency to whom the release was made, and the information released. Human Rights/Affirmative Action/Economic Opportunity. Provider agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discriminatio n on account of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. Compliance With Applicable Law. The parties agree to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, insofar as they relate to the performance of the provisions of this Agreement. Each party is responsible to obtain all permits or licenses required for the performance of services under this Agreement as applicable to the actions of the respective party. Conflict of Interest. Provider's acceptance of this agreement indicates compliance with City code. As such, except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City. The Provider also affirms that to the best of the Provider's knowledge, their involvement in this contract does not result in a conflict of interest with any part or entity which may be affected by the terms of this contract. The Provider agrees that should any conflict or potential conflict of interest become known to the Provider, Provider will immediately notify the City of the situation so that a determination can be made about Provider's ability to continue performing services under this contract. Responsibility for Acts and Omissions. Each party agrees that it will be responsible for its own acts and omissions and the acts and omissions of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or their employees, elected officials, and agents, or for any liability resulting therefrom. The City's liability is governed and limited by the Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. Each party warrants that it is able to comply with the obligations of this Agreement t hrough commercial insurance or a self-funding program. All insurance policies or self-insurance certificates are open to inspection by the other party and copies of the policies or certificates of self-insurance shall be submitted to a party upon written request. 90 Page 6 of 9 Assignment. The City and Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. Termination. This Agreement will continue in full force and effect until completion of the project unless either party terminates the Agreement. Either party may terminate this Agreement, without or without cause, by providing 60 days written notice to the other party. In the event of termination, the Provider will deliver all work products and supporting documentation developed up to the time of termination. Renewal. This Agreement may be renewed or extended by the written agreement of the parties. Alterations. Any alteration, variation, modification or waiver of the provisions of the specifications that may have occurred during the bidding process or amendments to this Agreement are valid only when reduced to writing. Interpretation of Agreement, Venue. This Agreement will be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this agreement must be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. Independent Provider. It is agreed by the parties, that at all times and for all purposes, within the scope of the Agreement resulting from this solicitation, the relationship of the Provider to the City is that of independent Provider and not that of employee. No statement contained in this Agreement may be construed so as to find the Provider an employee of the City. Cooperative agreement, independent authority The parties are entering into this Agreement for the purposes of providing collaborative services to individuals experiencing crisis who are the subject of a police call for service. Each party agrees that its employees who act under this Agreement are granted independent authority to provide services within the employee's scope of practice, as regulated and governed by the respective employing party. 91 Page 7 of 9 The parties agree that their respective employees will act collaboratively but exercise independent judgment, discretion, and acts within each respective employee's area of responsibility or authority, this includes independent assessment and exercise of authority under Minnesota Statutes chapters 148E, 2538, 626, 629 and any other statutory or other applicable authority. The parties agree and stipulate that none of its employees or agents has the authority to require the employees or agents of the other party to exercise any independent authority reserved by law. Waiver. The waiver by either party of any breach under the terms of this Agreement or any rights or remedies arising under the terms of this Agreement will not constitute a waiver of the party's right to any rights and/or remedies with respect to any subsequent breach or default of the terms of the Agreement. Subcontracting. Provider agrees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. Insurance. Provider is required to carry insurance of the kind and in the amounts shown below for the life of the Agreement. Certificates for General Liability Insurance should state that the City of White Bear Lake, its officials, employees, agents and representatives are Additional Insureds. 1. General or Business Liability Insurance $1,500,000 per occurrence $2,000,000 aggregate per project $2,000,000 products/completed operations total limit $1,500,000 personal injury and advertising Policy must include an "all services, products, or completed operations" endorsement when appropriate. 2. Worker's Compensation and Employer's Liability. Provider must maintain appropriate Worker's Compensation coverage as required by Minnesota law. 3. Professional Liability Insurance is required when a contract is for service for which professional liability insurance is available for purchase. a. $1,000,000 per occurrence b. $2,000,000 aggregate 92 Page 8 of 9 4. General Insurance Requirements a. All policies must be written on an occurrence basis or as acceptable to the City. Certificates of insurance must indicate if the policy is issued on a claims-made or occurrence basis. Agent must state on the certificate if company carries errors and omissions coverage. b. The Provider may not commence any work until Certificates of Insurance covering all of the insurance required for this project is approved and the Project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extension periods. c. The City reserves the right to review Provider's insurance policies at any time to verify that City requirements have been met. d. Satisfaction of policy limits required above for General Liability Insurance, may be met with the purchase of an umbrella or excess policy. Any excess or umbrella policy will be written on an occurrence basis, and if such policy is not written by the same insurance carrier, the proof of underlying policies shall be provided with any certificate of insurance. Force Majeure. Neither the City nor the Provider may be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limit ed to: severe weather and storms, earthquake or other natural occurrences, demonstrations, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive. Entire Agreement. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters of the Agreement. 93 Page 9 of 9 NORTHEAST YOUTH & FAMILY SERVICES CITY OF SAINT ANTHONY VILLAGE By ____________________________ By: ____________________________ Title___________________________ Title___________________________ Date __________________________ Date __________________________ By: ____________________________ Title___________________________ Date __________________________ 94 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-015 A RESOLUTION APPROVING THE 2023 AGREEMENTS WITH NORTHEAST YOUTH AND FAMILY SERVICES (NYFS) WHEREAS, the City of Saint Anthony Village agrees to partner with Northeast Youth and Family Services (NYFS) to provide services for at-risk youth and families within St. Anthony; and WHEREAS, the programs that will be provided to the residents of Saint Anthony include Mental Health Services, Youth Development Programs and Community advocate Program as a resource for law enforcement to utilize when encountering mental health, family instability medical care and other needs. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony Village hereby approves the agreement with Northeast Youth and Family Services and an administrative fee of $20,265.65 and Community Advocate fee of $13,969.38 for 2023. Adopted this 10th day of January, 2023. ______________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: _____________________________________ Charlie Yunker, City Manager 95 THIS PAGE LEFT INTENTIONALLY BLANK 96 G:\.Clients All\St. Anthony\City Engineer\MCES II\MOU\LTR-hmcc-111522.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 15, 2022 Honorable Mayor, City Council and Staff C/O Charlie Yunker, City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: Request for an amendment to the City Code related to “Point of Sale” I/I inspections Dear Honorable Mayor, City Council and Staff: As the Council is aware, City Staff has worked closely with the Metropolitan Council of Environmental Services (MCES) to establish a Memorandum of Understanding (MOU) related to the Ongoing Inflow and Infiltration (I/I) Program. City Council recently approved the MOU under resolution 22-052 at the June 14, 2022, City Council meeting. Under the terms of the MOU, the City has agreed to adopt and implement ordinances which will require an amendment to the City Code, specifically, Section 50.16 of the Chapter 50 Storm Water and Sanitary Sewers. The proposed language in the amendment established a “point of sale” I/I inspection of all sanitary sewer service laterals. As such, when existing homes and commercial properties within the City are sold, the City will administer an ongoing program requiring a video condition inspection of the sanitary sewer service lateral. It should be noted that the City’s current ordinance requires a “point of sale” I/I inspection of sump pump systems only, so the proposed language adds sanitary sewer service inspection to the “point of sale” inspection. Furthermore, the proposed language in the amendment sets forth a timeline and defines compliance, violations, penalties, and temporary waivers as result of the “point of sale” I/I inspection. Staff recommends that the City Council adopt the proposed amendment to the City Code establishing a “point of sale” I/I inspection for sanitary sewer service laterals as reflected in the attached ordinance redline version. City Code amendments require three readings by the Council prior to formal adoption (unless this process is specifically waived by the City Council during its review). If you have any questions, I will be present at the November 22, 2022, Council Meeting to discuss with you or please call me at 612.388.9652. 97 Honorable Mayor, City Council and Staff C/O Charlie Yunker, City Manager November 15, 2022 Page 2 Sincerely, WSB Justin Messner, PE City Engineer Attachments cc: Jeremy Gumke, City of St. Anthony Village Shelly Rueckert, City of St. Anthony Village Nicole Miller, City of St. Anthony Village Katie Koscielak, WSB 98 ORDINANCE NO. 2022-09 SAINT ANTHONY VILLAGE, MINNESOTA AN ORDINANCE AMENDING SECTION 50.16 OF CHAPTER 50 STORM WATER AND SANITARY SEWERS The City Council of the City of Saint Anthony Village ordains as follows: Section One. Amendment to the City of Saint Anthony Village City Code to Amend Section §50.16 Prohibited Discharges into Sanitary System , of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by single underlined text. Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication as provided by law. § 50.16 PROHIBITED DISCHARGES INTO SANITARY SYSTEM. (A) No person shall discharge or cause to be discharged any substance not requiring treatment or any substance not acceptable for discharge, as determined by the city, Minnesota Pollution Control Agency, or Metropolitan Council Environmental Services, into the sanitary sewer system. Only sanitary sewage from approved plumbing fixtures may be discharged into the sanitary sewer system. (B) No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, groundwater, roof runoff, subsurface drainage, or cooling water into the sanitary sewer system. Any person having a roof drain, sump pump, foundation drain, unauthorized swimming pool discharge, cistern overflow pipe, or surface drain connected and/or discharging into the sanitary sewer system shall disconnect and remove any piping or system conveying the water to the sanitary sewer system. (C) All construction involving the installation of clear water sump pits shall include a sump pump with minimum size 1-1/2 inch diameter discharge pipe. The pipe attachment must be a rigid permanent type plumbing such as PVC or ABS plastic pipe with glued fittings, copper, or galvanized pipe. All discharge piping shall be installed in accordance with the plumbing code and shall be without valving or quick connections or flexible sections which allow redirection of the sump pump discharge into the sanitary sewer system. Discharge piping shall start at the sump pit and extend through the exterior of the building and terminate with not less than 6 inches of exposed pipe. Sump pump discharge location and flow shall be consistent with the approved development drainage plan for the lot. The discharge may not be pumped directly onto any public right-of-way unless approved by the Public Works Director or his or her designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. (A) Applicability and purpose. This section shall apply to all water entering the sanitary sewer system unless explicitly exempted by the city. The city and its representatives are authorized to administer, implement, and enforce the provisions of this section. (1) The City Council finds that the discharge from roofs, rainspouts, yard drains, surfaces, groundwater, sump pumps, footing tiles or swimming pools, foundation drains, yard fountains, ponds, cistern overflows, water discharged from any nonresidential air conditioning unit or system, or other means of transmitting natural precipitation and surface waters, collectively referred to as excess infiltration and inflow, into the sanitary sewer system, will and has in the past overloaded the sanitary sewer system. The City Council, therefore, finds it essential for compliance with mandated City Code requirements that the provisions of this section be strictly enforced. 99 (2) This section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall apply. (B) Clear water drainage. CLEAR WATER DRAINAGE, for the purpose of this section, is defined as stormwater, natural precipitation, melting snow, ground water or flow from roof runoff, ground surface runoff, subsurface drainage, down spouts, eave troughs, rainspouts, yard drains, sump pumps, footing tiles or swimming pools, foundation drains, yard fountains, ponds, cistern overflows, water discharged from any nonresidential air conditioning unit or system, or any other water that is not required to be treated by state of federal law, that enters the sanitary sewer system through any separation, gap, crack, fracture, collapse or other structural defect in the sewer lateral. Swimming pool water that is required to be treated in accordance with city, county or state regulations shall not be considered clear water. (C) Private sewer lateral. PRIVATE SEWER LATERAL, for the purpose of this section, is defined as all sewer service pipes extending from the city sanitary sewer main to the dwelling, building or structure it serves. (D) Ownership responsibility. The property owner shall own and be responsible for the rout ine maintenance and repair of the sanitary private sewer lateral, including the connection to the city sanitary sewer main. (E) Prohibited discharges into the sanitary sewer system. It shall be unlawful for any person whose property is provided with sanitary sewer service to directly or indirectly cause or permit to be discharged, pumped or drained any clear water drainage into the city’s sanitary sewer system. (F) Prohibited connections. No person shall make or maintain a connection between any condu ctor, device or system designed to move clear water drainage from its source to any pipe, cleanout, floor drain, foundation drain, sink or any other apparatus with a direct connection to the city’s sanitary sewer system. (G) Sump pumps. A sump pump is a mechanical device used to remove liquid collected in a sump usually constructed below the normal grade of the gravity system, usually below basement floor level. Dwellings and other buildings and structures that require a sump pump system to collect and d ischarge excess clear water drainage because of the infiltration of water into basements, crawl spaces and the like shall obtain a permit and have a permanently installed discharge line that complies with the following: (1) It shall not any time discharge water into the city’s sanitary sewer system or be capable of connection or reconnection to the city's sanitary sewer system; (2) It shall provide for year-round discharge capability to the outside of the dwelling, building or structure, to the city's storm sewer system; (3) It shall consist of a rigid discharge line constructed of rigid piping material inside the dwelling or building, without any connections for altering the path of discharge, and if connected to the city’s storm sewer line, must include a check valve of an approved type and diameter; and (4) It must be directed toward the front or rear yard so as not to trespass or discharge onto adjoining properties. (H) Single-family, owner-occupied properties. No person shall sell, advertise for sale, give or transact a change in title or property ownership of real property with one or more buildings or structures, without first obtaining a certificate of inflow and infiltration (l&I) compliance from the City or complying with Subsection 100 (L) of this section. Inspections shall be required for purposes of complying with the mandates of this section to eliminate clear water drainage into the sanitary sewer system . Failure to have an inspection as required in this section is a violation of the City Code. (1) Sump pump inspections for all properties that discharge into the city's sanitary sewer system for the limited purpose of confirming that there is no sump pump discharge of clear water drainage shall be conducted by the Public Works Director or his or her designee. Such inspection shall be at no expense to the owner. (2) Private service lateral inspections for all properties that discharge into the city's sanitary sewer system for the limited purpose of confirming that there is no inflow and infiltration (I&I) shall be conducted by a licensed plumber to determine whether the property use is in accordance with City sanitary sewer service regulations as provided in section (I)(3) and submit the inspection report and video to the City. The applicant for a certificate of I&I compliance inspection is responsible for all expenses associated to providing an inspection of the property. The entire property and all buildings on the property shall be made available for inspection. (3) Inspections shall not be required under the following circumstances: (a) It is a newly constructed dwelling and title to the property is transferred to the first owner; (b) It is the sale or other transfer of title of any property with a dwelling that is being conveyed to a public body; (c) It is the sale or transfer of title of any property that contains a dwelling that will be demolished; (d) It is the sale or conveyance of any property that contains a dwelling by a sheriff or other public or court officer in the performance of their official duties. This exception does not apply to the sale by a person appointed by a probate court; or (e) The property has no public sewer access or has been granted a connection waiver by the city. (I) I&I Certificates of Compliance. (1) Issuance. If, following inspection, it is determined that the property is in compliance with this section, the city shall issue a certificate of compliance. No new inspections or certificates for single -family, owner- occupied properties shall be required until one of the events in division (H)(2) above occurs. (2) Certificate of compliance period. Certificates of compliance are valid as follows: (a) For any property that had a full sewer service line and/or lining replacement, the certificate is valid for 25 years from the date of issuance. (b) For any property that had a partial sewer service line and/or lining replacement, the certificate is valid for 10 years from the date of issuance. (3) The city shall issue a certificate of compliance if the inspection verifies that all of the following conditions are met: (a) There is no sewer pipe joint degradation, as evidenced by root intrusion and mineral staining, scaling and deposits; (b) There are no prohibited discharges or connections as defined by divisions (E) and (F) above; (c) There are no misaligned joints obstructing the flow of wastes causing blockages, exfiltration of the intrusion of roots or minerals; or (d) The lateral is free of holes, cracks, fractures, collapses, or other structural defects. (J) Residential rental properties. For residential rental properties, the property owner is required to locate the building's sewer cleanout, open the cleanout to ensure functionality, identify any private manholes or outside 101 cleanouts and locate all sump pump systems (if applicable). The property owner shall obtain an independent inspection and submit an inspection report to the city upon submission of a new or renewal rental license application. The inspection report shall indicate that the property is free from prohibited discharges and prohibited connections, including illegal sump pumps. If any violations are discovered, corrections must be made pursuant to division (L) below. The city shall receive a post -repair video to verify compliance. Upon verification that the corrections have been made, the city shall issue a certificate of co mpliance. (K) Commercial, industrial and HOA properties. For commercial and industrial properties and condominium or townhome residential properties with a homeowners’ association (“HOA properties”), property owners are required to locate the building's sewer cleanout, open the cleanout to ensure functionality, identify any private manholes or outside cleanouts and location all sump pump systems (if applicable). The property owner shall obtain an independent inspection and submit an inspection report to the city. The inspection report shall indicate that the property is free from prohibited discharges and prohibited connections, including illegal sump pumps. If any violations are discovered, corrections must be made pursuant to division (L) below. The cit y shall receive a post-repair video to verify compliance. Upon verification that corrections have been made, the city shall issue a certificate of compliance. (L) Violations. (1) Violations, generally. Except as provided in division (L)(2) below, for owner -occupied, single-family private sewer lateral violations discovered during a time of sale inspection, if an inspection discloses there has been a violation of any provision of this division, the City will give notice of the violation to the owner and occupant in writing and allow time for compliance as follows. (a) For single-family properties, private sewer lateral violations shall be corrected within 18 months from the date of the sale of the property. (b) For residential rental, commercial, industrial and HOA properties, private sewer lateral violations shall be corrected within 24 months of the property’s annual rental license renewal. (c) For all sump pump violations, regardless of the classification of the p roperty, the violation shall be corrected within 14 days of discovery of the violation. (2) Violations discovered at time of sale. (a) Seller responsibilities. If the inspection discloses there has been a violation of any provision of this section prior to the sale, the seller is responsible for correcting the violations prior to the sale, unless the buyer has assumed such responsibility as provided in division (L)(2)(b) below. Failure of a seller to disclose to a buyer that there are uncorrected violations of this section is a violation of the City Code. When correcting the violations, all necessary permits shall be obtained from the city. Upon completion of the corrections, the seller shall provide a copy of a post-repair video to the city to verify compliance. (b) Buyer responsibilities. If a seller cannot correct the violations prior to the sale, the seller must require the buyer to assume the responsibility for correcting the violations, in which case, the seller and the buyer shall sign and submit a written acknowledgment to the city that includes: 1. The buyer’s acceptance and assumption of responsibility for correcting the violations within 18 months from the date of the sale of the property; 2. The buyer's understanding that a copy of a post-repair video must be provided to the city in order to verify that the corrections have been completed; 3. The buyer's agreement to hold the city harmless from liabilities and claims if the buyer occupies the dwelling prior to corrections of the violations; and 4. The buyer's understanding that failure to correct violations or deficiencies, failure to provide a post-repair video or failure to allow a reinspection is a violation of the City Code and subjects the buyer to penalties as stated in divisions (M), (O), and (R). 102 (3) Violations and corrections under the roadway. When the inspection discloses that there has been a violation of any provision of this section and the violations are under the roadway, the property owner will perform the repairs, except as stated in division (L)(4) below. However, a property owner shall not excavate in the roadway without permission from the Public Works Director. (4) Non-excavation violations and corrections. When the property owner is correcting violations of the private sewer lateral between the street and the building using a cured in place pipe ("pipe liner") or similar approved repair methods, and the corrections only involve the lining of the private sewer lateral, the contractor shall terminate the pipe liner as close to the connection with the city's public sanitary sewer main as possible. If the pipe liner extends into the public main, the contractor shall trim off the excess portion and report its approximate location to the Public Works Department as soon as possible. (5) The city reserves the right to periodically reinspect any property or structure to confirm continued compliance with this section. Any property found not to be in compliance upon reinspection or any person refusing to allow their property to be reinspected shall, following notification from the city, comply within 14 calendar days or be subject to the surcharge hereinafter provided for. (M) Penalty. (1) A monthly penalty of $100 for owner-occupied, single-family properties; and a monthly penalty of $300 for residential rental, commercial, industrial and HOA properties shall be sent an invoice if: (a) An owner fails to complete an inspection pursuant to divisions (H), (J) and (K); (b) An owner whose property was found in violation of this section did not make the necessary repairs and furnish proof of those changes to the city within the time frames required by this section; (c) An owner fails to allow an inspection or reinspection to verify compliance; or (d) The property owner or occupant reconnects a clear water discharge line to the municipal sanitary sewer system after it has been previously disconnected at the city's or a court's direction. The property owner will be subject to the penalty for all months between the last inspection. (2) The surcharge shall be added every month until the property is determined by the city to be in compliance with this section. The city shall not issue building, plumbing, electrical, or mechanical permits for any property that is not in compliance with this section until the property is det ermined by the city to be in compliance with this section. (N) Temporary waiver. The City Council, upon recommendation of the Public Works Director or his or her designee, shall hear and decide requests for temporary waivers from the provisions of this section where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the Public Works Director in writing. Upon approval of a temporary waiver from the provisions of this section, the property owner shall agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the Public Works Dir ector or his or her designee. (O) Public Works Director. The Public Works Director may set conditions to any temporary waiver issued. The Public Works Director may terminate the waiver upon a failure to comply with any conditions imposed in the temporary waiver or may take appropriate legal action to enforce those conditions. The Public Works Director must give a five-day written notice of the termination to the property owner and occupant setting forth the reasons for the termination. After expiration or termination of a temporary waiver, the property owner must comply with the provisions of this section. (P) If a property owner demonstrates a financial hardship to pay for the disconnection cost of a noncompliant system, they may petition the City Council to assess the disconnection cost on the property. Under this petition, the property owner must waive their right to a public hearing and waive their right to appeal the 103 assessments. Assessments initiated in this manner and associated interest charges must be paid back to the city within 5 years (Q) Remedies. The remedies provided in this section do not limit the right of the city to pursue any other available legal remedy. (R) Violation of this section is a misdemeanor and each day that the violation continues is a separately prosecutable offense. The imposition of the surcharge shall not limit the city’s authority to prosecute the criminal violations, seek an injunction in district court ordering the person to disconnect the nonconforming connection to the sanitary sewer, or for the city to connect the violation and certify the costs of connection as an assessment against the property on which the connection was made. Effective Date: This ordinance shall become effective as of its publication. First Reading: November 22, 2022 Second Reading: December 13, 2022 Adopted: January 10, 2023 CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Randy Stille, Mayor ATTEST: By:_________________________________ City Clerk Publish: Publication Date: 104 NOTICE OF A PUBLIC HEARING November 22, 2022, 700 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village City Council will hold a public hearing to solicit public response to the Ordinance Amendments for Sections §50.16 of Chapter 50 Storm Water and Sanitary Sewers. The City Council agenda and packet item relating to this item will be made available prior to the meeting online at www.savmn.com. Ways to Comment: Online Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom can be found at https://savmn.com/Calendar.aspx?EID=1785 In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the public hearing. Nicole Miller City Clerk 105 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-016 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2022-09 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning Storm Water and Sanitary Sewers; and WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2022-09. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2022-09 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2022-09 An Ordinance Amending Section 50.16 of Chapter 50 Storm Water and Sanitary Sewers; The City Council of the City of St. Anthony adopted Ordinance 2022-09 on January 10, 2023, amending Section 50.16 of Chapter 50; Storm Water and Sanitary Sewers. The amended ordinance elements include: Adding a point of sale I/I inspection of all sewer service laterals prior to the sale of any property Adding sewer inspection requirement prior to new or renewed rental license for rental properties Prohibiting discharges into sanitary system including sump pumps The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 10th day of January, 2023. _________________________________ Randy Stille, Mayor ATTEST: _________________________ City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager 106 MEMORANDUM To:Saint Anthony Village City Council From:Nicole Miller, Assistant to the City Manager Date:January 10, 2023 City Council Meeting Request:Approval of Resolution 23-0xx Approving contract agreement with Aspen Waste Systems Inc. for Solid Waste and Recycling Services BACKGROUND Our current organized collection contract for solid waste and recycling ends April 1, 2023. Staff has engaged in discussion with the Council on desires for the next solid waste and recycling contract. Through discussions with the Council, and guidance from Foth Infrastructure & Environment, LLC, the below items were identified to be included/revised from the previous RFP: Seek proposals from a single hauler to service the whole City Curbside organics collection Weekly recycling collection In addition to the above listed updates, the following items have also been included: Inclusion of collection of waste and recycling for all City facilities Inclusion of hauler-staffed Spring Clean-Up Event Separation of refuse collection and disposal prices for increased transparency PROPOSAL EVALUATION The City received two proposals for our next solid waste and recycling contract. Those proposals were from Walters Recycling & Refuse and Aspen Waste Systems, Inc. City staff assembled a Proposal Review Committee, comprised of our City Manager, Assistant to the City Manager, Public Works Director, Finance Director, and Ramsey County Environmental Health Specialist. The committee reviewed the proposals as submitted and evaluated the following areas: Disruption of service Experience and Capacity Thoroughness and Responsiveness to RFP References Foth provided financial analysis and comparisons to the group on for both proposals. The committee formulated follow up questions for both haulers prior to in person interviews. These additional questions as well as the in person interview allowed the committee to dive deeper into conversation with the haulers on items such as; customer service, organics and pricing. 107 Customer service: The review committee discussed the importance of providing a high level of service for all of our residents. Some of the specific items that were discussed were: plan for rolling out new hauler, cart size selection for residents, communicating customer set out incidents (blocked cart, unacceptable materials, etc.), and communications specific for St. Anthony residents. Both proposals received demonstrated the shared vision for providing a high level of service to our residents. In addition, during the interviews both haulers appeared to be willing to work as a team with city staff to ensure a high level of communications and service levels for our residents. Curbside organics: Through conversations with both haulers along with Ramsey and Hennepin counties, there are still unknowns as to how a curbside organics program for St. Anthony would work given the different states of readiness in each County. For example, currently Ramsey County’s food scraps durable compostable bag pilot program is anticipated to start sometime in 2023. And currently Hennepin County’s curbside organics program is a separate cart for organics only, that is picked up by a separate truck and brought to an industrial compost site. The haulers also discussed the challenges of an opt-in option for residents tends to realize low usage, and an opt-out option with everyone paying for the service but the option to opt-out of receiving the service approach, tends to be more cost efficient for both the haulers and the residents overall. The review committee recommends having a reopener clause for curbside organics in the future in the contract. This reopener clause would allow the city and hauler to reopen the contract to only discuss cost of curbside organics and program details when the time comes. Weekly Recycling: Both proposals included every other week recycling prices as well as alternate every week recycling price. The haulers discussed the logistics for conducting every week recycling and the low return on investment for the city/residents due to additional cost for the subscriber and wear on roads having additional truck on the streets every week vs. every other week. Both haulers are open to working with the city if this is a desire in the future. The review committee recommends having a reopener clause for adding every week recycling in the contract if trends and demand for weekly recycling service shift within the term of the contract. TRANSITION PLAN Staff along with Aspen are working on information sheets that will be mailed to all residents that are part of organized collection, by the end of January. This communication will include when you should expect to have your new carts delivered, when your old carts will be picked up, cart sizes and how to select size, and how to opt in for yard waste service. Beginning in April 2023, Aspen will begin servicing our city and will have two service days; Wednesday and Thursday. Each resident will be mailed information that list their service day. RECOMMENDATION Our City Attorney has reviewed the contract and staff recommends approving the final contract with Aspen Waste Systems Inc. for Solid Waste and Recycling Services. ATTACHMENTS: Contract for residential solid waste and recycling services with Aspen Waste Systems of Minnesota, Inc. Resolution 23-0xx 108 CONTRACT FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES Between the City of St. Anthony and Aspen Waste Systems of Minnesota, Inc. For the Contract Period April 1, 2023 – March 31, 2028 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Phone (612) 782-3301 Fax (612) 782-3302 Equal Opportunity/Affirmative Action Employer 109 Page ii This page intentionally left blank 110 Page iii Table of Contents 1.TERM OF CONTRACT..............................................................................................................1 2.DEFINED TERMS.....................................................................................................................1 2.1.Appliances (Major)........................................................................................................1 2.2.Bulky Waste..................................................................................................................1 2.3.Cart...............................................................................................................................1 2.4.Collection......................................................................................................................2 2.5.Composition..................................................................................................................2 2.6.Compostable Bag(s)......................................................................................................2 2.7.Composting Facility.......................................................................................................2 2.8.Contaminants as Collected...........................................................................................2 2.9.Contract........................................................................................................................2 2.10.Contractor.....................................................................................................................2 2.11.Customer......................................................................................................................2 2.12.Day-Certain Collection..................................................................................................2 2.13.Electronics....................................................................................................................2 2.14.Every-Other-Week Refuse Collection (or EOW Refuse Collection)...............................3 2.15.Extra Collection.............................................................................................................3 2.16.Extended Absence or Refuse Hold................................................................................3 2.17.HERC.............................................................................................................................3 2.18.Holidays........................................................................................................................3 2.19.Household.....................................................................................................................3 2.20.Organics Recycling........................................................................................................3 2.21.Participation Rate.........................................................................................................3 2.22.Process Residuals..........................................................................................................4 2.23.Processing.....................................................................................................................4 2.24.R&E Center...................................................................................................................4 2.25.Recyclable Materials or Recyclables.............................................................................4 2.26.Refuse...........................................................................................................................4 2.27.Single-Family Household...............................................................................................4 2.28.Single-Sort.....................................................................................................................4 2.29.Source-Separated Organic Materials............................................................................4 2.30.Tip Fee or Tipping Fee...................................................................................................4 2.31.Transfer Station............................................................................................................5 2.32.Unacceptable Materials................................................................................................5 2.33.Walk-Up Service............................................................................................................5 2.34.Yard Waste....................................................................................................................5 3.REFUSE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR..................................5 3.1.General Collection and Disposal...................................................................................5 3.2.Frequency of Collection................................................................................................6 3.3.Refuse Disposal Costs...................................................................................................6 111 Page iv 3.4.Spring City-Wide Clean-Up Event.................................................................................6 4.RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR............................6 4.1.General Collection and Processing...............................................................................7 4.2.Frequency of Collection and Collection Method..........................................................7 5.YARD WASTE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR........................7 5.1.General Collection and Disposal...................................................................................8 5.2.Frequency of Collection................................................................................................8 5.3.Christmas Tree Collection.............................................................................................8 6.ORGANICS RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR..........9 7.OPERATING REQUIREMENTS.................................................................................................9 7.1.Service Requirements...................................................................................................9 7.2.License to Operate........................................................................................................9 7.3.Non-Holiday Collection.................................................................................................9 7.4.Holiday Collection.........................................................................................................9 7.5.Non-Completion of Collection and Extension of Collection Hours.............................10 7.6.Non-Completion of Collection Due to Weather Conditions.......................................10 7.7.Manner of Collection..................................................................................................10 7.8.Returning Carts to Collection Point............................................................................10 7.9.Ownership of Materials..............................................................................................10 7.10.Missed Pickups............................................................................................................10 7.11.City Retains Right to Specify Preparation Instructions...............................................10 7.12.Day-Certain Collection Days and Collection Routes...................................................11 7.13.Material Clean Up Responsibilities.............................................................................11 7.14.Snowbird Policy..........................................................................................................11 7.15.Transporting of Materials...........................................................................................11 7.16.Weight Reports...........................................................................................................11 7.17.Protecting Utilities......................................................................................................12 7.18.Damage to Property...................................................................................................12 7.19.Street Improvements..................................................................................................12 7.20.Cart Ownership and Management.............................................................................12 7.20.1.Refuse Cart Details.....................................................................................................12 7.20.2.Recycling Cart Details.................................................................................................13 7.20.3.Yard Waste Cart Details..............................................................................................13 7.20.4.Cart Exchange.............................................................................................................13 7.21.Extra Services..............................................................................................................13 7.21.1.Walk-Up Service.........................................................................................................13 7.21.2.Bulky Waste, Appliance and Electronic Collection.....................................................13 7.21.3.Frequency of Extra Services Collection......................................................................14 7.21.4.Recording...................................................................................................................14 8.VEHICLE AND EQUIPMENT REQUIREMENTS........................................................................14 8.1.Vehicle License............................................................................................................14 112 Page v 8.2.Collection Vehicles and Equipment............................................................................14 8.3.Operating Conditions..................................................................................................15 8.4.Size of Vehicle.............................................................................................................15 8.5.Vehicle Fluid Spills Responsibilities.............................................................................15 9.PERSONNEL REQUIREMENTS...............................................................................................15 9.1.Designated Supervisor................................................................................................15 9.2.Personnel Conduct......................................................................................................15 10.CUSTOMER SERVICE REQUIREMENTS.................................................................................16 10.1.Staffing........................................................................................................................16 10.2.Responding to City Calls or Email...............................................................................16 10.3.Responding to Customer Calls....................................................................................16 10.4.Documentation of Customer Calls..............................................................................17 10.5.Accurate Responses to Customer Questions..............................................................17 11.MEETINGS AND REPORTING REQUIREMENTS.....................................................................17 11.1.Performance Meeting.................................................................................................18 11.1.1.Annual Performance Review Meeting........................................................................18 11.2.Annual Reports...........................................................................................................18 11.2.1.Clean-Up Event Price List............................................................................................18 11.2.2.Bulky Waste, Appliances, and Electronics..................................................................18 11.2.3.Program and Material Report....................................................................................18 11.2.4.Summary of Customer Service Complaints................................................................19 11.2.5.Recycling Composition Analysis Report......................................................................19 11.2.6.Vehicle Report............................................................................................................20 11.2.7.Annual Work Plan.......................................................................................................20 12.PAYMENTS...........................................................................................................................20 12.1.Payment Responsibilities............................................................................................20 12.2.Rate or Fee Increases..................................................................................................20 12.3.Delinquent Accounts..................................................................................................20 12.4.Late Fees.....................................................................................................................21 13.PUBLIC INFORMATION AND EDUCATION............................................................................21 13.1.City Public Education Activities...................................................................................21 13.2.Contractor Public Education Activities........................................................................21 13.2.1.Annual Calendar.........................................................................................................21 13.2.2.Quarterly Newsletter..................................................................................................21 13.2.3.Educational Tags.........................................................................................................22 13.2.4.Educational Tagging Procedure for Unacceptable Materials.....................................22 13.2.5.Customer Education...................................................................................................22 13.2.6.Provide Industry-Related Information........................................................................22 13.2.7.Facility Tours..............................................................................................................22 13.2.8.Community Event Education......................................................................................22 14.LIQUIDATED DAMAGES.......................................................................................................22 113 Page vi 14.1.Non-Compliant Missed Pickup....................................................................................24 14.2.Area-Wide Missed Pickup/Route Non-Completion....................................................24 14.3.Administrative Non-Compliance.................................................................................24 15.EMERGENCY AND DISASTER SERVICES................................................................................26 16.TERMINATION OF CONTRACT..............................................................................................26 16.1.City May Terminate....................................................................................................26 16.2.City's Rights Upon the Contractor's Failure to Perform..............................................26 16.3.City's Claim for Damages............................................................................................26 16.4.Attorneys' Fees and Costs...........................................................................................26 17.DATA PRACTICES ACT..........................................................................................................27 18.ACCESS TO RECORDS AND DATA.........................................................................................27 19.INDEMNIFICATION...............................................................................................................27 20.INSURANCE..........................................................................................................................27 20.1.Insurance Requirements.............................................................................................27 20.1.1.Workers’ Compensation Insurance............................................................................27 20.1.2.Commercial General Liability Insurance.....................................................................28 20.1.3.Commercial Automobile Liability Insurance...............................................................28 20.1.4.Additional Insurance Conditions................................................................................28 20.1.5.Certifications of Insurance.........................................................................................29 20.2.Environmental............................................................................................................29 20.3.City as Additional Insured...........................................................................................29 20.4.Deductibles.................................................................................................................29 21.TERMINATION......................................................................................................................29 22.FINANCIAL GUARANTEE (ESCROW ACCOUNTS AND LETTERS OF CREDIT)..........................30 23.NON-DISCRIMINATORY PRACTICES.....................................................................................30 24.SUCCESSORS AND ASSIGNS.................................................................................................31 25.NOTIFICATION.....................................................................................................................31 26.SEVERABILITY.......................................................................................................................31 27.WHOLE CONTRACT..............................................................................................................32 CONTRACT EXHIBITS EXHIBIT A – PRICE SCHEDULE EXHIBIT B – RECYCLABLE MATERIALS LIST EXHIBIT C – MUNICIPAL FACILITIES EXHIBIT D – DELINQUENT ACCOUNTS SCHEDULE 114 Page vii This page intentionally left blank 115 Page 1 CONTRACT FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES This Contract is made this 10th day of January 2023, by and between the City of St. Anthony, a Minnesota municipal corporation (“City”) and, Aspen Waste Systems of Minnesota, Inc., a Minnesota corporation (“Contractor”). 1.TERM OF CONTRACT The term of this Contract relating to the commencement of services to Customers shall begin on April 1, 2023, and terminate on March 31, 2028 (“Term”). At the conclusion of the initial five-year term, the parties may renew this Agreement for an additional three (3) one-year terms, upon the parties’ mutual agreement as to terms for said renewal. Negotiations for said renewal term shall begin by January 1 of each year, the first date being January 1, 2028. This Contract is governed in all respects by the laws of the State of Minnesota. 2.DEFINED TERMS Except as set forth below, and as may be defined elsewhere in this Contract, the terms used in this document shall have their ordinary meaning and are applicable to both the singular and the plural. The following words and phrases, when used in this Contract, shall have the meanings as specified herein. 2.1.Appliances (Major) Household appliances items such as clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposal, Refuse compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. Gas ammonia appliances are not included under this definition as they are considered hazardous waste. 2.2.Bulky Waste Large items such as, but not limited to, bathtubs, beds, mattresses, bikes, carpet (bundled, less than four feet in length, and less than 45 pounds), chairs, couches, doors, dressers, exercise equipment, garage door openers, gas grills (without tank), lawnmowers (drained), pallets, sinks, swing set (less than four feet in length and less than 45 pounds), tables, toilets, vacuums, water softeners, windows, construction debris (less than four feet in length and less than 45 pounds), and household items that are too large to fit into the Refuse cart. 2.3.Cart Small (approximately 35-gallons), medium (approximately 65-gallons), and large (approximately 95- 116 Page 2 gallons) carts with hinged lids and wheels used for the Collection of Refuse, Recycling, and Yard Waste. 2.4.Collection The aggregation of material from the place at which it is generated and includes all activities up to the time the material is delivered to a solid waste facility. Material Collection will occur at curb and alley locations. 2.5.Composition The Composition of recyclable materials as an estimated percentage based on the results of the Recycling Composition Analysis. 2.6.Compostable Bag(s) Compostable bags must meet all the specifications in ASTM Standard Specification for Compostable Plastics (D6400) compostable bags. Acceptable bags include paper lawn and leaf bags, paper grocery store bags, and certified compostable plastic bags. 2.7.Composting Facility Facility permitted to process Yard Waste and/or Source Separated Organics in conformance with state and local regulations. 2.8.Contaminants as Collected The materials set out by Customers in their Recycling Cart that are not recyclable as defined in this Contract. 2.9.Contract This final Agreement once executed by both parties, the City and the Contractor. 2.10.Contractor Any party to the Contract, with the exception of the City itself. 2.11.Customer Any residential Single-Family and multi-family Household in buildings of three units or less that is required to use the City contracted Collection service. 2.12.Day-Certain Collection The City has established Wednesday and Thursday as Collection days. Contractor and City will work together to determine the Wednesday and Thursday zones for Collection. The only exceptions to the day-certain Collection schedule shall be during those weeks in which a designated holiday occurs or other emergency situations as determined by the City. 2.13.Electronics Computers, including tablet computers and laptops, peripherals, printers, facsimile machines, DVD players, video cassette recorders, video display devices, and other devices as required under the 117 Page 3 Minnesota Electronics Recycling Act. 2.14.Every-Other-Week Refuse Collection (or EOW Refuse Collection) The every-other-week Collection of Refuse from Customers who meet City requirements, having Small (approximately 35 gallons) Refuse service. EOW Refuse Collection occurs in the same week as the Customers’ Recycling Collection. The City reserves the right to change Recycling Collection schedule to weekly. 2.15.Extra Collection The additional Collection of regular household Refuse, Recycling, or Yard Waste outside of the regularly scheduled Collection day. Extra Collections are arranged between the Contractor and billed by the Contractor directly to the Customer. 2.16.Extended Absence or Refuse Hold A temporary suspension of all solid waste services for an extended period of time, at minimum four consecutive weeks. 2.17.HERC Hennepin County Energy Recovery Center. A waste-to-energy facility located in Minneapolis that burns Refuse to generate energy located at 505 N 6th Ave., Minneapolis. 2.18.Holidays The City has designated six Holidays that will delay Collection. The designated Holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a Holiday falls on the weekend, there will be no delayed Collection. If a Holiday falls during the week, the Collection will be delayed by one day all week following the Holiday. 2.19.Household An individual dwelling unit in a single-family or multi-family residentialbuilding of three dwelling units or less that is eligible for Solid Waste Services provided by the City’s Contractor. 2.20.Organics Recycling Organics include specific food waste as defined by Hennepin County and Ramsey County. Organics Recyclying is the curbside Collection of source-separated Organic materials from each participating Household and transport to a Transfer Station or Composting Facility. The City has made no decisions yet about the specific method of collecting these materials, and planning will continue with the assistance of Hennepin County and Ramsey County. 2.21.Participation Rate A record of which specific Households on a Recycling route set out recyclable material at some point during a defined period of time (usually one month) as a percentage of the overall number of eligible Households. 118 Page 4 2.22.Process Residuals The material that cannot be economically recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed of as mixed municipal solid waste. Process Residuals include but not limited to: Bulky Wastes, contaminants, sorted tailings, floor sweepings, and rejects from specific processing equipment (e.g. materials cleaned from screens, etc.). Process Residuals do not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low value because of depressed market demand conditions. 2.23.Processing The sorting, volume reduction, baling, containment or other preparation of Recyclable Materials delivered to the processing center for transportation or marketing purposes. 2.24.R&E Center Ramsey/Washington Recycling & Energy Center, a waste processing facility owned and operated by the Ramsey/Washington Recycling & Energy Board, located at 100 Red Rock Road, Newport Minnesota. 2.25.Recyclable Materials or Recyclables The portion of solid waste that is separated at the source by the generator for the purpose of Recycling, and is comprised of materials deemed recyclable and included on the list of Required Recyclable Materials in Contract Exhibit B - Recyclable Materials List and any other materials agreed upon by the Contractor and City in the future or as part of contract negotiations. Also referred to as Recycling. 2.26.Refuse The portion of solid waste that is not separated at the source by the generator for the purpose of reuse, Recycling, or Yard Waste composting. 2.27.Single-Family Household Any residential dwelling unit within a building of three or fewer dwelling units. 2.28.Single-Sort A system where Customers place Recyclable Materials into one Recycling Cart for Recycling Collection, with the materials later processed at a materials Recycling facility, including sorting into their individual marketable commodities. 2.29.Source-Separated Organic Materials The portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, and may include food scraps and plant materials. 2.30.Tip Fee or Tipping Fee Amount to be charged at the receiving facility for the transfer and/or processing of solid waste material. The disposal costs (also known as “tipping fees”) shall be paid by the Contractor and included in the rate as charged to City customers. 119 Page 5 2.31.Transfer Station A facility identified by the City as accepting solid waste delivered by the Contractor during the term of this Contract. Proposed Transfer Stations identified may be proposed by the Contractor but must be approved in writing by the City. 2.32.Unacceptable Materials Materials that are prohibited from Refuse, Recycling, Organics Recycling or Yard Waste streams, such as but not limited to hazardous waste, and other prohibited materials as defined by State Statutes and/or County policies, or are otherwise not accepted by the Contractor. 2.33.Walk-Up Service Customers with physical limitations shall be entitled to the Walk-Up Service without additional charge. 2.34.Yard Waste Compostable plant material including grass clippings, leaves, weeds, garden plants, and brush and branches under four inches in diameter and under four feet in length. 3.REFUSE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR This section is specific to Refuse disposal/processing services. The City offers weekly Collection from the small, medium, or large wheeled Refuse Carts to all Customers and Every Other Week Refuse Collection from small Refuse Carts. 3.1.General Collection and Disposal The Contractor shall furnish all labor, materials, and equipment, and perform all work necessary for the Collection, disposal, and processing of Refuse for approximately 1,900 Residential Dwelling Units in the City. The Contractor shall also furnish all labor, materials, and equipment and perform all the work necessary for the Collection and disposal of Refuse from City buildings and City park facilities as listed in the Contract Exhibits, as well as the annual Citywide Clean-Up Event as described below. All Refuse shall be collected, transported, weighed, and disposed of at the Hennepin Energy Recovery Center (HERC) or Ramsey/ Washington County Recycling & Energy Center (R&E Center) per county ordinance requirements. The Contractor may use an alternate facility when either the HERC or R&C Center is not operable. Any alternate facility must be approved by the City prior to the commencement of the Term of the Contract and must process all Refuse collected in accordance with Minnesota Statutes (M.S.) 115A.03, subdivision 5, and M.S. 473.848, subdivision 5, any other applicable statute or regulation, and appropriate county solid waste designation ordinances. The Contractor shall weigh each Collection truck before and after unloading. The Contractor shall also furnish all labor, materials, and equipment and perform all the work necessary for the Collection and disposal of Refuse from City buildings and City park facilities listed in the 120 Page 6 Contract Exhibit C. Residential Customers may set out Overflow Trash for an extra fee if any trash does not fit into the Trash Cart with the lid open less than six (6) inches. Any materials or bags that do not fit into the Trash Cart will be considered Overflow Trash, and charged accordingly. Items left next to the Trash Cart but not bagged will be considered Bulky Waste and billed accordingly. Late Set Out Collection of Trash shall be provided upon request from a Residential Customer for an additional cost, and the Contractor shall upon request return the following day for pick up. 3.2.Frequency of Collection The Contractor shall provide weekly residential Refuse Collection. Every-Other-Week Refuse Collection is an option to any Customer approved by the City. Frequency varies for the City buildings and City parks as listed in the Contract Exhibits. 3.3.Refuse Disposal Costs The Refuse disposal costs (also known as “tipping fees”) shall be paid by the Contractor. 3.4.Spring City-Wide Clean-Up Event The Contractor shall provide drop-off Collection services, at no additional cost to the City, for an annual Spring City-Wide Clean-Up Event held traditionally on the first Saturday in May. The Contractor will provide equipment, containers, disposal, and sufficient personnel to run the event. The Contractor shall distribute educational literature during the event to participants at the request of the City. The City will provide an appropriate site, site coordination, and traffic control. During the event, Customer’s drop-off items such as, but not limited to Bulky Waste, Appliances, Electronics, mattresses and box springs, scrap metal, tires, fluorescent bulbs, and other agreed-upon items for a fee. Fees are paid by the Customer to the Contractor staff working on-site, and such fees are kept and due to Contractor for services provided. The City and Contractor will coordinate to involve other vendors to collect selected items and has previously done so for scrap iron, Electronics, fluorescent bulbs, textiles/household goods, household batteries, and paper shredding. The City reserves the right to contract out the entire event to other companies. Annually, the Contractor will submit a comprehensive list of items they will collect at the event, along with the corresponding unit costs to be charged to Residents for each item or another method such as cost per vehicle type. The list shall be submitted to the City no later than eight weeks before the Spring City-Wide Clean-Up Event. The annual costs charged by the Contractor at these events shall be lower than the costs charged at the curb. 4.RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR This section is specific to Recycling Collection and processing services. The City offers every-other- week Collection from the wheeled Recycling Carts to all Customers. The City reserves the right to change the Recycling Collection schedule to weekly 121 Page 7 The Contractor will collect, deliver, weigh, process materials by commodity, package, and ship to end markets for Recycling. The Contractor may subcontract the processing and marketing of Recyclables with the City’s prior written approval. 4.1.General Collection and Processing The Contractor shall furnish all labor, materials, and equipment, and perform all work for every- other-week Collection and processing of Recyclable Materials for approximately 1,900 Residential Dwelling Units, and City facilities (see Contract Exhibit C, Municipal Facilities). Each Collection truck will be weighed before and after unloading. The Contractor must identify their proposed Recyclables processing facility or transfer station prior to the commencement of the Term of this Contract. The Contractor may use an alternate facility during the Term upon prior written approval from the City. With respect to City facilities, the Recyclable Materials listed in Contract Exhibit C, Municipal Facilities must be collected. The Contractor or City may propose additional materials be added to the list. Additionally, if any Contract the City has with Hennepin and/or Ramsey County at any time during the term of this Contract requires the Collection of additional materials, Contractor shall be required, at no additional cost to the City, to collect the additional materials within six months or less, of receiving notification from the City. Extra Collection of Recyclables shall be provided upon request from a Residential customer when the customer contacts Contractor to schedule Extra Collection not less than twenty-four (24) hours prior to the requested collection. Late set out collection of Recyclables shall be provided upon request from a Residential Customer for an additional cost, and the Contractor shall return the following day for pick up. The Contractor shall furnish all labor, materials, and equipment and perform all the work necessary for the Collection and disposal of Recyclables from City buildings and City park facilities as listed in the Contract Exhibit C. 4.2.Frequency of Collection and Collection Method The Contractor shall provide every-other-week Recycling Collection for single-sort Recycling Collection where all materials are comingled in Contractor-owned carts. Any changes to this Collection and processing format must be approved by the City prior to making any changes. The City reserves the right to change the Recycling Collection schedule to weekly. If the City wishes to change to weekly recycling collection for entire city, the city will notify the contractor to begin negotiations for the cost and terms and conditions. The negotiations will only pertain to the change to weekly recycling and the rest of the contract is not subject to negotiation. 5.YARD WASTE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR This section is specific to residential Yard Waste Collection and disposal services. The City provides a subscription-based weekly Collection program during Yard Waste season for all Customers. 122 Page 8 5.1.General Collection and Disposal The Contractor shall furnish all labor, materials, and equipment and perform all work for the weekly Collection and disposal of Yard Waste as a subscription-based program from approximately April through November each year. Eligible Customers may subscribe for regular Yard Waste Collection service and receive a large (approximately 95-gallon) Yard Waste Cart. Yard waste including leaves, grass clipping, and twigs shall be collected in Contractor provided Yard Waste containers, brown paper lawn and leaf bags, or certified Compostable Bags. Small branches will be collected at no extra charge as long as the branches are less than four inches in diameter and less than four feet long. The Contractor must provide to existing and potential subscribers proposed prices for Yard Waste cart service, which includes an additional overflow of five Compostable Bags for Yard Waste. A price per bag for each bag over the five overflow bag limit must be included. Customers are to contact the Contractor for Collection of additional bags. The Contractor must identify their proposed Composting Facility or Yard Waste transfer station to be utilized. This Contract requires Yard Waste collected from St. Anthony to be kept separate from other materials. Weight or cubic yard totals from St. Anthony Yard Waste loads shall be reported to the City. The Contractor shall retain Yard Waste load tickets (e.g., scale tickets) for City inspection upon request. 5.2.Frequency of Collection The Contractor shall provide weekly Yard Waste Collection April 1 through November 30, and as requested by the City. The City retains the right to modify these dates slightly, depending upon the weather. 5.3.Christmas Tree Collection As part of Yard Waste Collection services, the Contractor shall provide a separate Collection of live (cut) Christmas trees during each of the first three full weeks of January, at no extra cost to Customers. Collection services shall be provided on the same day of the week as the customer’s regular Refuse and Recycling Collection. Customers will be instructed by the City to set out “clean” Christmas trees only. Customers may not wrap trees in plastic bags and must remove all ornaments, tinsel and other foreign debris. Clean Christmas trees may then be set out next to carts, but only during the designated period. If a Christmas tree is set out and is not sufficiently clean (e.g., containing ornaments, tinsel, etc.), the Contractor should not collect and should attach an education tag to the tree with specific instructions about why it was not collected and how the Customer can still discard their tree (e.g., remove the contaminants, where it can be taken, etc.). The Contractor shall not mix other types of Refuse or inorganic materials with the Christmas trees or take any action to make the Christmas tree material unacceptable to the operators of the processing site. 123 Page 9 6.ORGANICS RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR The City recognizes there are many Collection methods, new technologies, and Composting Facilities available today for Source-Separated Organic Material (e.g., residential food waste). The City has made no decisions yet about the specific method of collecting these materials, and planning will continue with the assistance of Hennepin County and Ramsey County. Finalization of Collection operations and related service fees under this Contract shall be negotiated in good faith between the City and the Contractor. The City reserves the right to discontinue planning for Organics Recycling Collection at any time. If the City wishes to implement curb side food scraps recycling for entire city, the city will notify the contractor to begin negotiations for the cost and terms and conditions. The negotiations will only pertain to curb side food scraps recycling and the rest of the contract is not subject to negotiation. 7.OPERATING REQUIREMENTS The items listed below are general requirements that are applicable to all materials (Refuse, Bulky Wastes, Appliances, Electronics, Recycling, and Yard Waste Collection). 7.1.Service Requirements The services to be performed by the Contractor shall be adequate to ensure the satisfactory Collection of said materials at all times. The Contractor shall supply all equipment, labor, and materials necessary to complete the Collection and disposal/processing of materials. 7.2.License to Operate Contractor shall be properly licensed and insured to operate in the City of St. Anthony, Hennepin and Ramsey County, and the State of Minnesota, and shall comply with all statutes, regulations, and ordinances of the City, County, State, and federal governments in the execution of the Contract. 7.3.Non-Holiday Collection Collections shall take place between 7:00 a.m. and 8:00 p.m. Mondays through Fridays except as stated below in Holiday Collection. The Contractor shall maintain the currently scheduled pickup day and approved Collection routes for Households. Any changes to the scheduled pick up days and Collection routes require prior written City approval. 7.4.Holiday Collection The Contractor shall not make regular Collections on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. During the holiday week beginning on the holiday, the Contractor will make Collections one day after the regularly scheduled day. Collection shall be from 7:00 a.m. through 8:00 p.m. If a holiday falls on a weekend, the Collection will not be delayed. 124 Page 10 7.5.Non-Completion of Collection and Extension of Collection Hours If the Contractor determines the Collection of materials will not be completed by 8:00 p.m. on the scheduled Collection day, the Contractor shall notify the City by 3:30 p.m., and request an extension of the Collection hours. The Contractor shall inform the City of areas not completed, the reason for non-completion, and the expected time of completion. The Contractor may be charged Liquidated Damages for failure to notify the City. 7.6.Non-Completion of Collection Due to Weather Conditions The Contractor may postpone Collection due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but shall not be limited to, those cases in which snow, sleet, ice or cold, or in which the t empe rature might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. If Collections are postponed, the Contractor shall notify the City via telephone and email by 7:00 a.m. or later if weather conditions change requiring postponement of collection for the remainder of the day. Upon postponement, the Contractor will make Collections one day after the regularly scheduled day if possible and so long as weather conditions allow. The Contractor shall communicate to all Customers that have had their Collection postponed due to a severe weather event. Designated City staff shall also be contacted at the same time with the same communication as Customers as another means of communicating about the severe weather event. 7.7.Manner of Collection The Collection shall, at no time, create a nuisance or become injurious to the public health of persons living or working either within or outside the corporate limits of the City. 7.8.Returning Carts to Collection Point The Contractor shall return carts to the designated Collection point as set out by the Customer at each location unless the Customer has set the cart in the street, alley, or on the sidewalk. The Contractor shall return the cart with the lid closed and in a standing position. 7.9.Ownership of Materials All materials, placed for Collection, remain the responsibility and ownership of the Customer until handled by Contractor at which point they become the responsibility and ownership of the Contractor. 7.10.Missed Pickups The Contractor may be charged Liquidated Damages for non-compliant missed pickups, area-wide missed pickups, and administrative non-compliance, in accordance with Liquidated Damages. 7.11.City Retains Right to Specify Preparation Instructions The Contractor agrees that it is the City’s sole right to clearly specify the material preparation and setout requirements and such specifications shall be reasonable for Contractor’s operations. The City will consult with the Contractor before finalizing these requirements. At the City’s discretion, such information will be included in the City’s education material. 125 Page 11 7.12.Day-Certain Collection Days and Collection Routes The Contractor shall comply with the City’s day-certain Collection days designated as Wednesday and Thursday and the Contractor shall establish Collection routes established that provide for “same day” Collection of Refuse and Recycling on Wednesdays and Thursdays. The Contractor shall not change any routes or Collection days without the prior written approval of the City. The Contractor will work with the City to revise the routes when deemed necessary by either the City or Contractor. The Contractor will keep detailed route maps current and provide the City with revised route maps upon City request. 7.13.Material Clean Up Responsibilities The Contractor shall clean up any materials spilled or blown during the course of Collection operations to the City’s satisfaction. As stated in Section 8.2, Collection Vehicles and Equipment, all Collection vehicles shall be equipped with a broom and shovel for cleaning up spills. The driver shall take all precautions possible to prevent littering. 7.14.Snowbird Policy Residents at eligible RDUs who will be away from their home for a period of one (1) month or longer may contact the Contractor, no later than one week prior to the stop service date, to stop their servies, and may subsequently contact the Contractor when they return to start their services, and such services shall restart on the RDU’s next regularly scheduled collection day, provided that the Contractor is given at least five (5) business days’ notice. No billing will take place for the period of time in-between such contact (e.g. residents will not be billed when on “vacation hold”). Vacation holds shall be limited to six months total in any one-year period; however, these restrictions do not apply to a deployed military service member (provided that there are no other residents at said RDU) or a completely vacant RDU. 7.15.Transporting of Materials The Contractor shall transport Refuse, Recyclables, and Yard Waste materials to the Contract- designated facilities as required, or a City-approved alternative facility. The Contractor must receive prior written approval from the City to transport materials to an alternate transfer station and/or processing facility. 7.14.1 Title to all Refuse, Recyclable Materials, and Yard Waste shall pass to the Contractor when such materials are placed into the collection vehicle with the exception of Unacceptable Materials. Ownership and liability of Unacceptable Materials, as defined in this Contract, shall remain with the individual Residential customer. Contractor employees shall have the right to reject collection of any waste containing Unacceptable Materials, and shall label material with reason for rejection. 7.16.Weight Reports The Contractor shall maintain weight tickets for each load of Refuse and Recyclables materials delivered and provide a weight report to the City upon request. At a minimum, the Contractor shall provide an annual report to the City of Refuse and Recyclables tonnage by January 15 each year. Yard Waste amounts may be reported by cubic yards along with the Contractor’s estimate of the amount by weight. 126 Page 12 7.17.Protecting Utilities The Contractor shall protect all public and private utilities whether occupying streets, alleys, or public or private property. If such utilities are damaged by reason of Contractor’s operations, under the executed Contract, the Contractor shall repair or replace the same at no cost to the City. If the Contractor fails to do so promptly, the City will repair or replace the damanged utilities, and bill the Contractor for the full cost. 7.18.Damage to Property The Contractor shall take all necessary precautions to protect public and private property. The Contractor shall repair or replace any private or public property damaged by Contractor in the course of performing its duties under this Contract, including but not limited to: structures, driveways, landscaping, retaining walls, fences, mailboxes, and Collection Carts. Such property damage shall be addressed for repair or replacement, at no charge to the City or property owner, within 48 hours. If the Contractor fails to address the repair or replacement of the damaged property within 48 hours, the City may, but shall not be obligated to, repair or replace such damaged property, and Contractor shall fully reimburse the City for any of its reasonably incurred expenses. The Contractor shall reimburse the City for any such expenses within 10 days of receipt of the City’s invoice. The Contractor is to notify the City of any trees, limbs or shrubs that are low hanging or encroaching the driving area and may hinder their operations. The Contractor shall be responsible for damage to any trees, limbs, and shrubs not reported to the City. 7.19.Street Improvements This Contract is subject to the rights of the State of Minnesota, Hennepin and Ramsey County or the City to improve their highways and streets. The Contractor accepts the risk that such improvements may prevent the Contractor from traveling its accustomed route or routes for the purpose of collecting materials. Contractor agrees not to make any claim for compensation against the City for such interference. The City will, whenever possible, provide advanced information and instructions about how the Contractor may best provide services in an improvement area. 7.20.Cart Ownership and Management The Contractor shall be responsible and pay for all aspects of Cart ownership, management, and operations, including but not limited to transportation from the manufacturer, ordering, receiving, assembly, distribution, excess Cart inventory, spare parts inventory, warranty maintenance, and other repairs up to normal wear and tear. Damage beyond normal wear and tear is the responsibility of the Residential customer. This includes, but is not limited to: Abuse or misuse (e.g., fire, ashes); Total destruction of Cart (e.g., hit by car); Stolen or lost Cart; and Graffiti. 7.20.1.Refuse Cart Details Each Household shall receive one small, medium, or large Refuse cart. A second Refuse cart may be obtained at a reduced cost. Color and labeling of the Refuse Carts must distinguish them from the Recycling Carts and Yard 127 Page 13 Waste Carts. 7.20.2.Recycling Cart Details Each Household shall receive at least one Recycling Cart that may be obtained at no additional Collection cost. Color and labeling of the Recycling Carts must distinguish them from the Refuse Carts and Yard Waste Carts. 7.20.3.Yard Waste Cart Details Each Household can receive one large Yard Waste Cart on a subscription basis. Color and labeling of the Recycling Carts must distinguish them from the Refuse Carts and Yard Waste Carts. 7.20.4.Cart Exchange Customers may elect to change Refuse and Recycling Cart sizes or add/remove a Cart once per the calendar year without additional charge. 7.21.Extra Services The Contractor shall make available or provide the following extra services, beyond the standard City service. The Customer will contact the Contractor directly to request extra services Collection of the items. Subject to the provisions below, the Contractor shall be responsible for collecting and billing for all service charges and fees for extra services. The payment method and schedule will be left to the discretion of the Contractor but shall be specified in writing to the City. 7.21.1.Walk-Up Service Customers with physical limitations shall be entitled to the Walk-Up Service at no additional charge. The Contractor shall determine eligibility for Walk-Up Service, which shall comply with any applicable federal, state, or local laws and regulations. 7.21.2.Bulky Waste, Appliance and Electronic Collection The Contractor shall provide Bulky Waste, Appliance, and Electronics Collection services as an optional service for Customers upon request. Contractor may, with City approval, license and contract with additional contractors to provide Bulky Waste, Appliance and Electronic Collection services. All Bulky Waste items shall be collected, transported, weighed, and disposed of at a licensed facility. The Collection of any materials with hazardous components will not be allowed in the same vehicle as Refuse Collection. All Electronics, Appliances, tires, or other items regulated by the state shall be collected, transported and recycled or disposed separately in compliance with State Law and the Contractor shall be properly certified to collect Appliances and Electronics in the State of Minnesota. The Customer will contact the Contractor directly to request a Collection of the items. The Contractor shall be responsible for billing and collecting fees. The payment method (pre-payment or pay after the fact) will be left to the discretion of the Contractor but specified in the Price 128 Page 14 Worksheet and/or other RFP Forms. The Contractor shall report Collection data in the format and frequency requested by the City (See Annual Reports). 7.21.3.Frequency of Extra Services Collection The Contractor shall provide Refuse and Yard Waste Collection service to customers at least weekly for the term of this Contract. 7.21.4.Recording The Contractor shall input Customer information and service request information into the Customer service database. Upon request from the City, the Contractor must present Customer service reports (including service levels) to the City. 8.VEHICLE AND EQUIPMENT REQUIREMENTS 8.1.Vehicle License All Collection vehicles used in the performance of the Contract shall be duly licensed and inspected by the State of Minnesota. The Contractor shall obtain all required licenses from the City, County, and State necessary to operate the Collection vehicles. 8.2.Collection Vehicles and Equipment When feasible, vehicles used in the City for Collections under this Contact should be powered by compressed natural gas (CNG); maintained in proper working order, without leaky seals and hydraulics; be as clean/sanitary (washed and painted regularly) as feasible; and as free from odors as possible. The Contractor shall demonstrate a commitment to reducing air pollution from Collection vehicles. All vehicles must be clearly identified with the Contractor’s name and customer service telephone number for City customers on both sides of the vehicle. Each Collection vehicle shall be equipped with the following: 1.Two-way communications device 2.First aid kit 3.An approved Fire Extinguisher 4.Warning flashers 5.Warning alarms to indicate movement in reverse 6. 7.Backup cameras to be used when moving in reverse 8.Sign on the rear of the vehicle which states “This Vehicle Makes Frequent Stops” or similar language 9.A broom and shovel for cleaning up spills 129 Page 15 10.Spill kit 8.3.Operating Conditions Contractor vehicles shall be constructed and maintained in a manner that their contents will not leak, blow away, or spill therefrom. Vehicles shall not be allowed to stand in any street, alley, or another place longer than is reasonably necessary for Collections. 8.4.Size of Vehicle Contractor vehicles shall be sized to operate and negotiate turning movements in the City’s streets and alleys without causing damage to public or private property or creating traffic hazards. 8.5.Vehicle Fluid Spills Responsibilities The Contractor shall report all hydraulic fluid spills and leaks to the City and the Contractor’s supervisor within one hour of occurrence, or as soon as reasonably possible.If City staff is unavailable, spills must be reported to the Public Works on-call person (612-240-4931). The Contractor is responsible to clean up spills. Reporting all spills and leaks to the City does not replace any state reporting obligations, including, for example, the state requirement for the Contractor to report spills to the Minnesota Duty Officer if the spill is over five (5) gallons. 9.PERSONNEL REQUIREMENTS 9.1.Designated Supervisor Contractor shall have a designated supervisor to do the following: manage its drivers and other workers (e.g., helpers); interact with the City staff to address problems as they arise; meet with the City whenever it is deemed necessary by the City; interface directly with Customers when deemed necessary by the City; and have continual direct communication with Contractor’s Customer service staff and haulers. The designated supervisor shall also be readily available to meet or otherwise communicate with the City on an as needed basis. 9.2.Personnel Conduct 1.The Contractor’s personnel shall be trained both in program operations and in Customer service to ensure all personnel maintains a positive attitude when dealing with City staff and Customers. Contractor personnel shall conduct themselves at all times in a respectful and courteous manner and not use any abusive or foul language. 2.Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of the Federal, State, and local governing boards. 3.Be clean and presentable in appearance, as can reasonably be expected. 4.Wear a uniform and employee identification badge or name tag. 5.Drive in a safe and considerate manner, including the speed limits. 6.Manage Carts in a careful manner by rolling, picking them up, emptying their contents into the Collection vehicle, and placing (not throwing, kicking or sliding) the Cart back to their designated location so as to avoid spillage and littering or damage to the Cart or property. 130 Page 16 7.Monitor streets and alleys for any spillage and be responsible for cleaning up any litter or breakage, which are generated by Contractor or Residential customers and where such services would be within scope of this Contract. 8.Avoid damage to property and report any damage they cause or observe to the City staff. 9.Contractor’s employees shall not collect or scavenge through the Collection or other materials in any manner that relates to the contracted services. The Contractor shall immediately report to the City any instances of suspected scavenging or unauthorized removal of materials from any Collection Carts to St. Anthony Police non-emergency dispatch at 612-782-3350. 10.CUSTOMER SERVICE REQUIREMENTS This section describes the minimal amount of Customer service required and shall not limit the Contractor in providing expanded Customer service. The City requires responsive, friendly Customer service at all times, in all other forms of communication, including interactions by haulers/crews on the Collection route, interactions on the phone, emails, social media, and websites. 10.1.Staffing The Contractor shall provide full-time oversight of the City’s Collection, and shall administer its obligations to provide quality service to Customers of St. Anthony. The Contractor shall maintain a local, Twin Cities-based office equipped with telephones, email capability, and be staffed with sufficient personnel to effectively handle inquiries, complaints, and/or receive instructions. The Contractor shall provide adequate staff to handle phone calls and emails from St. Anthony Customers. The office shall be staffed by a person from 7:00 a.m. to 5:00 p.m. Monday through Friday except for the legal holidays. Overflow calls can be answered by an answering machine or voicemail system. 10.2.Responding to City Calls or Email Contractor shall address all voicemail and email correspondence with a return call or email to the City within one hour if the City contacted the Contractor between 7:00 a.m. and 3:30 p.m. and by 9:00 a.m. the next business day if the call or email was made after 3:30 p.m. or during non-working hours. 10.3.Responding to Customer Calls The Contractor will receive customer inquiries; complaints; requests for Walk-Up Service, Extra Collection and Appliance, Electronics and Bulky Waste Collection; and other issues by phone or email. Contractor shall address all voicemail and email correspondence with a return call or email to the City customer within 30 minutes if the Customer contacted the Contractor between 7:00 a.m. and 5:00 p.m. and by 9:00 a.m. the next consecutive working day if the call or email was made after business hours. 131 Page 17 All phone calls shall be answered by a person during office hours with overflow calls going into a voicemail answering system. A voicemail system or answering service shall be operative during all non-office hours. Customer service staff shall be accessible via email during office hours and the Contractor’s email system shall be able to receive emails during non-office hours for review and response during office hours. 10.4.Documentation of Customer Calls The Contractor shall use a database for recording and tracking Customer issues. The database will include all City Customer communications regarding inquiries, complaints, service requests and other issues. The Contractor shall input all required fields and update notes and comments as appropriate. Each month or otherwise as requested by the City, the Contractor shall provide the City a list of all Customer complaints, the nature of these complaints, and a description of how each complaint was resolved. The names of each complainant and contact number or e-mail address must be included. 10.5.Accurate Responses to Customer Questions The Contractor will produce a fact sheet containing frequently asked questions (“FAQs”) that are commonly received from residents about the City’s Collection programs. The FAQs fact sheet will also contain the recommended standard responses to be given by the City and Contractor customer service call center staff. Before the FAQ fact sheet is finalized, the Contractor will solicit input and comments from the City, but responsibility for the final document will rest with the City. The City may from time-to-time update the FAQs fact sheet as needed and will notify the Contractor and solicit input on the changes. The Contractor’s customer service call center staff serving the City shall be trained on the use and compliance requirements for following the FAQ fact sheet when answering questions from City residents. The City will notify the Contractor immediately if the City receives any legitimate complaints about the accuracy of answers given by the Contractor’s customer service call center staff. The Contractor shall take corrective action to fix the mistake and notify the City of the actions taken and means to prevent reoccurrence. The City may make anonymous phone calls to the Contractor acting as if the call is from the general public to ask selected questions. If such calls are made, an email report summarizing the accuracy of the customer service representatives’ responses will be provided back to the Contractor. 11.MEETINGS AND REPORTING REQUIREMENTS The Contractor shall create, collect, and maintain all records required by the federal, state, and local governments regarding waste management services, and other records as specified below. All reports shall be in an electronic format (e.g. MS Excel or Word) and should be submitted electronically to the City. 132 Page 18 11.1.Performance Meeting The Contractor and City will meet at least once per year, to discuss general operations. 11.1.1.Annual Performance Review Meeting Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor. The objectives of this annual meeting will include (but not be limited to): 1.Review Contractor’s annual program and material report. 2.Review efforts the Contractor has made to expand Recyclables markets (Recycling only). 3.Review Contractor’s performance based on feedback from Customers to City staff. 4.Review Contractor’s promptness and accurateness in responding to City staff and Customers. 5.Review Contractor’s recommendations for improvements to the City’s program, including enhanced public education and other opportunities. 6.Review City staff recommendations for improving the Contractor’s service. 7.Discuss other opportunities for improvement during the remaining years of the current Contract Term. 8.Review Contractor’s annual progress on reducing greenhouse gas emissions from its activities under this Contract. 9.Review of Contractor’s annual processing facilities report (or subcontractor’s report) to the Minnesota Pollution Control Agency (Recycling only), and the Minnesota Department of Revenue (pursuant to M.S. 297h.06 Subd. 2.5), (Recycling only). 11.2.Annual Reports 11.2.1.Clean-Up Event Price List At least eight weeks prior to the City’s Spring Clean-Up Event, the Contractor shall submit a comprehensive list of items they will collect at the City’s Spring Clean-Up Event. The list will include corresponding unit costs to be charged to Customers for each item or another method such as cost per vehicle type. 11.2.2.Bulky Waste, Appliances, and Electronics By December 1 each year, the Contractor shall submit comprehensive lists of the items to be collected the following year, along with an average cost for the Customer for pick up, as listed in the Price Schedule. 11.2.3.Program and Material Report By January 15 each year, the Contractor shall provide the City an annual program report that will be an overall summary of the program from the previous year. The report should include: 1.Total number of Customers. 133 Page 19 2.Total number of Refuse Carts and Recycling Carts in service. 3.Tons of Refuse, Recycling, Yard Waste, appliances, Electronic Waste, and other Bulky Waste items collected (Recycling should be broken down by commodity) from residential Customers. 4.Tons of Refuse, Recycling, appliances, Electronic Waste and other Bulky Waste items collected (Recycling should be broken down by commodity) from City Buildings, parks facilities, and events. 5.Current trends in the solid waste industry that may have an impact on the City’s program. 6.Recovery rates (i.e. pounds per household for Recycling). 7.Results of the Recycling Composition Analysis, including amount of Contamination as Collected. Set-out and participation rates: a.Number of residential Refuse accounts by service level (cart size, Collection frequency) b.Number of accounts with multiple Refuse carts c.Number of Recycling accounts by service level d.Number of accounts with multiple Recycling carts e.Number of Yard Waste cart subscriptions f.Number of Yard Waste “on-call” or overflow bags set out g.Number of Bulky Waste “on-call” Collections h.Number of accounts with Walk-Up Service 8.Hauler Report as submitted to the Minnesota Pollution Control Agency. 9.Efforts Contractor has made to reduce Contaminants as Collected and Process Residuals as well as increase diversion. 10.Contractor suggestions to improve the City’s program. 11.Recommended public education plan for the next year. 12.Any other notable issues or happening over the past year. 11.2.4.Summary of Customer Service Complaints By January 15 each year, the Contract shall provide a summary of the number of Customer calls by type of complaint and summary for how these were resolved as requested by the City. 11.2.5.Recycling Composition Analysis Report The Contractor shall conduct at least one materials Composition analysis of the City’s Recyclables during October of each year to estimate the relative amount by weight of each Recyclable commodity by grade. The results of this analysis shall include: Percent by weight of each Recyclable commodity by grade as collected from the City; Relative change compared to the previous year’s Composition; Percent by weight of the contaminants as collected from the City; and 134 Page 20 A description of the methodology used to calculate the Composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of the analysis for each year of the Contract. 11.2.6.Vehicle Report By January 15 each year, the Contractor shall provide the City with a yearly written plan of the type, age, make, model, and fuel type of all vehicles that will be used for the upcoming year. 11.2.7.Annual Work Plan By January 15 each year, the Contractor shall provide the City with an annual work plan addressing what assistance they will provide the City both to enhance the program to meet program goals and what City events they plan to participate in over the upcoming year. 12.PAYMENTS 12.1.Payment Responsibilities The Contractor will invoice Customers directly for Refuse, Recycling, Yard Waste and other solid waste Collection services, and offer Customers the ability to pay and receive bills electronically. The Contractor shall invoice customers for Extra Collection Services, Bulky Waste, appliances, Electronic Waste, and other Bulky Waste Collection services as detailed in the Price Schedule document in the Exhibits. Upon request of the City, the Contractor will provide invoices to the City to be audited. 12.2.Rate or Fee Increases Any attempt by the Contractor to increase any rate or fee not specified in this Contract or the associated RFP shall be null and void and may subject the Contractor to the default remedies of the Contract. In addition, any proposed request for retroactive City approval of any rate or fee increase already imposed on Customers will be denied by the City. Fee decreases can be implemented by the Contractor without City approval but must be reported to the City Manager at least two weeks prior to the decrease. 12.3.Delinquent Accounts Delinquent accounts shall be defined as those Customers who have not paid and are 90 days past due with a balance of at least $50. The Contractor will be responsible for collecting all charges from each Household. The Contractor shall make good-faith efforts to collect all amounts due, including but not limited to: past due notification mailings, phone calls and/or use of a Collection agency. All such efforts shall be documented and paid for by the Contractor. The Customer must be sent at least three notices during this time of amounts past due, no more than two of which shall be in electronic form. The Contractor will be responsible for sending the City a list of the delinquent accounts by no later than August 31st of each year, and then provide updates to the City as requested. The City will certify to either Hennepin or Ramsey County, on an annual basis, all delinquent accounts. These amounts will be payable with the owner's property taxes. The City will certify the total of delinquent amounts to be assessed by the City no later than November 30 each year, and reimbursement to Contractor by January 1 the following year. 135 Page 21 12.4.Late Fees The Contractor may impose late fees to accounts that are 30 days past due. A maximum late fee totaling 10% of the balance due may be applied to the account. 13.PUBLIC INFORMATION AND EDUCATION 13.1.City Public Education Activities The City will also have a series of public education responsibilities including such activities as: With advice from the Contractor, adopting clear and reasonable standards for Customers to comply with solid waste program requirements (e.g., How and when to set out carts for Contactor pickup; Types of materials that are acceptable vs. prohibited; Sorting and preparation instructions; etc.). Maintaining and updating the City’s “Garbage & Recycling” website including all related sub- pages including the Customers’ compliance standards and the current Contract rates and fees. Customer service complaint assistance for Customers who are not satisfied with the Contractor’s service. Customers must first contact the Contractor before contacting the City. “Leave behind education tags” – If the Customers sets out a prohibited item that cannot be collected, the Contractor’s Collection crew leaves behind a reminder card/notice for the Customers that is left with or attached to the prohibited item. Other City public education tasks shall be negotiated in good faith between the City and the Contractor and reduced to writing. 13.2.Contractor Public Education Activities This is the minimum list of public education materials the Contractor shall provide. The Contractor shall provide the City with a draft of all Contractor public education tools prior to dissemination for review and approval at least two weeks prior to going to print or release. The Contractor shall work with the City to implement technology such as, but not limited to, mobile apps, text notifications, and website content outlined in their proposal to provide enhanced education during the Contract. 13.2.1.Annual Calendar The Contractor shall produce and direct mail an annual calendar specific to the City of St. Anthony’s Refuse, Recycling, Yard Waste and Bulky Waste Collection services. The calendar shall specify Collection days for Refuse and Recycling. The calendar shall also include acceptable and prohibited items. This calendar should be distributed to the Customers by December 20 of each year, with review and approval from the City ahead of time as specified above. 13.2.2.Quarterly Newsletter The Contractor shall produce information to be included (at the City’s discretion) in the City’s quarterly newsletter that provides updates on important and current news items about the City’s 136 Page 22 solid waste and Recycling program. 13.2.3.Educational Tags The Contractor shall inform the Customer as to the improper preparation of materials or the addition of unacceptable materials for Collection by providing and distributing educational tags. 13.2.4.Educational Tagging Procedure for Unacceptable Materials The Contractor is responsible to educate the Customers as to materials that are prohibited and any unacceptable setout practices for Collection by distributing educational tags and other means. Unacceptable materials shall be left by the Contractor with an educational tag. 13.2.5.Customer Education The Contractor shall work with the City to promote waste reduction and other topics to Customers at no additional cost. Customer education efforts may include but are not limited to phone and email communication for the purposes of Customer service, brochures, cart flyers/hangers, cart information packets, signs, videos, and presentations to classes and community groups. The City will work with the Contractor to ensure Recycling educational materials conform to the Hennepin Funding Policy requirements and Ramsey County guidelines. The Contractor shall not mail any Contract-related educational materials to City Customers or customers without prior approval from the City. 13.2.6.Provide Industry-Related Information The Contractor shall provide the City industry-related information or educational materials for City publication or distribution, and assist in the development of brochures, flyers, and articles upon the request of the City. 13.2.7.Facility Tours The Contractor shall host or coordinate one tour annually during the term of the contract. Tours sites shall be of local Recycling, composting, waste to energy, landfill facilities and/or local end market facilities. The Contractor shall work with the City to select a site and make arrangements for tour attendance for City Customers and City staff at no additional cost to the City. 13.2.8.Community Event Education The Contractor shall participate in City-sponsored community events during the term of the Contract, at the request of the City. Participation may include, but is not limited to, staffing information booths, giving presentations, and displaying trucks and equipment. 14.LIQUIDATED DAMAGES Contractor agrees, in addition to any other remedies available to the City, that the City can charge liquidated damages to Contractor in the amounts specified below for failure of Contractor to fulfill its obligations, as determined by the City. This Contract requires the Contractor to meet the following performance standards: 137 Page 23 Deliver quality and timely Refuse, Recycling, Yard Waste, and other solid waste Collection services to residents as set forth in the referenced RFP, Contractor’s proposal and clarifications, and this Contract. Meet other conditions as described herein for Collection and transportation of Refuse to the designated Refuse disposal facility. The City and Contractor shall communicate on a regular and as needed basis related to Customer complaints, accidents, and other incidents. The following general incident escalation procedure provides a general guide for managing such communications as efficiently as possible. Simple complaints and incidents may be handled with verbal communications only (e.g., phone calls). Significant complaints and incidents must be recorded in writing via at least email. A proposed cure and response timeline shall be discussed. If a problem is not cured within the proposed timeline, a second email should be used to communicate a new timeline. If a problem is still not cured within the new timeline of a second email, the City may send a letter indicating a new cure timeline and warning that liquidated damages may be imposed if the problem is not resolved. If a problem is still not cured with the new timeline of the letter, the City will send a letter and email notifying the Contractor that liquidated damages will be imposed. If a problem remains chronic and uncured, the City may initiate Contract breach procedures to notify the Contractor. This Contract establishes liquidated damages for failure to meet selected, example performance standards. Not all Contract performance standards are listed in this section, but may still incur liquidated damages. These liquidated damages are independent of default and breach provisions addressed elsewhere in this Contract. City and Contractor expressly agree that the potential harm or injury to City caused by the incidents of substandard performance set forth in this Contract are difficult or impossible to accurately estimate. City and Contractor stipulate that each damage dollar amount in this Contract is a reasonable estimate of the probable loss to the City and the general public. The existence or recovery of liquidated damages shall not preclude City from recovering other damages in addition to the payments made hereunder which City can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, City may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney’s fees if applicable. The City, after completing the general incident escalation procedure set out in this Section or after good faith discussions with the Contractor’s designated point of contact, may assess liquidated damages in the amounts specified below for failure of the Contractor to fulfill its obligations, in addition to any other remedies available to the City. 138 Page 24 The amounts listed below are for liquidated damages for losses suffered by the City and are not penalties. Liquidated damages shall be paid within 30 days after assessment by the City and 10 or more such major incidents in a six month period may constitute grounds for termination of the Contract without the ability to cure. The Contractor will be charged liquidated damages for non-compliant missed pickups, area-wide missed pickups/route non-completion, administrative non-compliance and/or other performance failures, as listed below. Liquidated damages will only be assessed for administrative non- compliance after the City has provided written warnings to the Contractor and given the Contractor an opportunity to correct the violation. 14.1.Non-Compliant Missed Pickup Whenever the City or a Customer notifies Contractor before 12:00 p.m. of locations that have not received scheduled service, the Contractor shall be required to service such locations before 8:00 p.m. the same day. When notified after 12:00 p.m., the Contractor shall be required to service such locations no later than 4:00 p.m. the following day, excluding Saturdays, Sundays, and Holidays. Missed pickup calls shall be entered, by Contractor, into the Contractor’s database identifying the time when the call is received notifying them of the missed pickup and when the service is completed. The missed pickups that fail to comply with the requirements of this section are “non- compliant missed pickups”. The City shall invoice Contractor for each non-compliant missed pickup per Section 14.3. 14.2.Area-Wide Missed Pickup/Route Non-Completion An area-wide missed pickup or a non-completion of the route is defined as one or both sides of a street or alley, one block or larger, if contiguous that is not picked up by 8 p.m. on any scheduled Collection day. Whenever the Contractor misses an area that should have received scheduled service, the City shall invoice the Contractor according to Section 14.3. 14.3.Administrative Non-Compliance Whenever Contractor performs services in a non-compliant manner, as determined by the City, and Contractor has failed to cure, the City shall invoice Contractor up to $2,500 per occurrence. Assessment amounts may vary and shall be proportional to the serverity of the violation. Examples include, but are not limited to, items such as: ¨Failure to operate during basic operating hours. ¨Failure to complete the Collections within the specified timeframes without proper notice to the City. ¨Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner. ¨Failure to accurately answer a resident’s question to the Contractor’s Customer service call center. ¨Failure to report and clean-up hydraulic spills or clean-up material spills within one hour of notification. 139 Page 25 ¨Failure to maintain vehicles in proper working order. ¨Failure to report on changes in the location of disposal sites or materials processing operations. ¨Failure to receive written City approval before making changes to the Collection and Disposal systems. ¨Failure to comply with Customer service requirements. ¨Failure to accurately document incidents in the Customer service database. ¨Failure to provide monthly and annual reports. ¨Failure to conduct annual Composition analysis or agreed-upon alternative. ¨Failure to provide customers notice when they are in violation of City Collection regulations (educational tagging). ¨Failure to return Carts to their original location. ¨Failure to follow Spring City-Wide Clean-Up Event requirements. ¨Failure to correct chronic problems. ¨Disposing of material at an alternate facility without prior approval from City. ¨Failure to provide educational tours in accordance with this Contract. ¨Failure to staff an event on mutually agreed upon dates. The Contractor shall be liable for liquidated damage amount(s) upon determination of the City that performance is not consistent with the provisions of the Contract. The City shall notify the Contractor in writing or electronically of each act or omission discovered by the City, and provide the Contractor with a proposed cure and response timeline pursuant to the compliant escalation procedure set forth in section 14, pages 23-24 of this Contract which shall allow Contractor a practicable period of time in which to cure the issue, and in no circumstance less than one business day from Contractor’s receipt of the complaint. It shall be the duty of the Contractor to take whatever steps or actions may be necessary to remedy the cause of the complaint. The City may invoice the Contractor for the full amount of any damages. The remedy available to the City shall be in addition to all other remedies that the City may have under law or at equity. Contractor shall not be deemed to be liable for liquidated damages where its inability to perform Collection service is the result of conditions beyond the control of Contractor, including but not limited to civil disorder, acts of God, or inclement weather severe enough that trucks cannot safely make Collections. 15.EMERGENCY AND DISASTER SERVICES 140 Page 26 The City may request, and Contractor shall agree, to additional Collections, as reasonably necessary, during a declared emergency or disaster in the City. The cost of this service will be mutually negotiated between the Contractor and the City. The Contractor shall provide the City with a digital copy of the Contractor’s business continuity plan when there is a declared emergency or disaster affecting the City. 16.TERMINATION OF CONTRACT 16.1.City May Terminate The City reserves the right to terminate this Contract for Contractor’s material default of this Agreement. In the event of material default, the City must serve written notice upon the Contractor of the City’s intent to terminate. Unless the Contractor has cured the default within twenty-one (21) days after the City served such notice of default, the Contract shall terminate. The City and the Contractor may agree to a continuance period in which the Contractor must cure the default. Upon termination, the City may retain another Contractor or assign City employees and equipment to perform the services to be provided by the Contractor. 16.2.City's Rights Upon the Contractor's Failure to Perform In addition to the right of the City to terminate this Contract, upon failure of Contractor to fulfill any of the provisions of the Contract, the City may hire such persons, or assign such City employees and equipment, as may be necessary to perform such work. The cost and expense thereof may be charged and deducted from amounts due to Contractor, collected from Contractor as damages, or collected by recourse from Contractor's letter of credit or escrow account required by Section 22 of this Contract. 16.3.City's Claim for Damages Failure by the Contractor to perform its obligations under this Contract may also result in claims by the City for any damages to the City as a result of Contractor's failure to perform. The City shall inform Contractor of such failures in writing. The Contractor shall have seven days from the date of notice to correct such failures before the City may make a claim for actual damages. 16.4.Attorneys' Fees and Costs In the event of the Contractor’s failure to perform its obligations under the Contract, the Contractor agrees to pay, in addition to the liquidated damages and actual damages sustained by the City as a result thereof, the reasonable attorney's fees incurred by the City in pursuing any of its rights under the Contract. 16.5 Mediation The City and Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Contract to mediation. The parties shall decide whether mediation shall be binding or non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies. 141 Page 27 17.DATA PRACTICES ACT This Contract is subject to the Minnesota Government Data Practices Act and, pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Contract. 18.ACCESS TO RECORDS AND DATA Contractor shall provide access to the City, Hennepin and Ramsey County, or any of their duly authorized representatives to review any books, documents, papers, and records of Contractor that are directly pertinent to this Contract for the purpose of making an audit, other examination, or preparing excerpts and transcriptions. 19.INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses, costs or expenses, including reasonable attorneys' fees, for which it may be held liable, arising out of the misconduct or negligent or grossly negligent performance of this Contract by Contractor, Contractor's employees, agents or subcontractors. 20.INSURANCE 20.1.Insurance Requirements The Contractor shall not commence work under the contract until they have obtained all the insurance described below. The Contractor shall maintain such insurance in force and effect throughout the term of the contract. The Contractor is required to maintain and furnish evidence satisfactory to the City of the following insurance policies: 20.1.1.Workers’ Compensation Insurance Except as provided below, Contractor must provide workers’ compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide workers’ compensation insurance in accordance with the statutory requirements of the state of Minnesota, including coverage b, employer’s liability. Insurance minimum limits are as follows: $100,000 – bodily injury by disease per employee $500,000 – bodily injury by disease aggregate 142 Page 28 $100,000 – bodily injury by accident 20.1.2.Commercial General Liability Insurance Contractor is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract. Insurance minimum limits are as follows: $5,000,000 – per occurrence $5,000,000 – annual aggregate $5,000,000 – annual aggregate – Products/Completed Operations The following coverages shall be included: ¨Premises and Operations Bodily Injury and Property Damage ¨Personal and Advertising Injury ¨Blanket Contractual Liability ¨Products and Completed Operations Liability ¨City of St. Anthony named as an Additional Insured, to the extent permitted by law. 20.1.3.Commercial Automobile Liability Insurance Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the Contractor will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows: $5,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage In addition, the following coverages should be included: ¨Owned, Hired, and Non-owned Automobile ¨Pollution liability-Broadened coverage for covered autos under form CA9948 20.1.4.Additional Insurance Conditions ¨Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the City of St. Anthony with respect to any claim arising out of Contractor’s performance under this contract; ¨If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the City of St. Anthony within five business days with a 143 Page 29 copy of the cancellation notice, unless Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be canceled without at least 30 days advance written notice to the City of St. Anthony, or 10 days notice for non-payment of premium; ¨The Contractor is responsible for payment of Contract related insurance premiums and deductibles; ¨If the Contractor is self-insured, and self-insurance is allowed by the City if St. Anthony, a Certificate of Self-Insurance must be attached; ¨The Contractor’s policy(ies) shall include legal defense fees in addition to its liability policy limits. ¨Contractor shall obtain insurance policy(ies) from the insurance company(ies) having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota; and ¨An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by the Contract. 20.1.5.Certifications of Insurance The successful responder is required to submit Certificates of Insurance acceptable to the City of St. Anthony as evidence of insurance coverage requirements prior to commencing work under the contract. Thereafter, the Contractor shall annually provide Certificate of Insurance to the City of St. Anthony that the insurance required by this contract is in effect, 20.2.Environmental Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non-sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $2,000,000 for each occurrence and $2,000,000 aggregate and shall continue for a two-year period following termination of this Contract. 20.3.City as Additional Insured The CommercialGeneral, Auto, and Environmental insurance policies shall provide for the City as an additional insured party. 20.4.Deductibles All responsibility for payment of any sums resulting from any deductible provisions, corridor, of self- insured retention conditions of the policy or policies shall remain with Contractor. 21.TERMINATION The City reserves the right to immediately terminate the contract if the Contractor does not comply with the insurance requirements and fails to cure the issue within 10 days from such notice and 144 Page 30 retains all rights to pursue any legal remedies against the Contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request. 22.FINANCIAL GUARANTEE (ESCROW ACCOUNTS AND LETTERS OF CREDIT) This Contract shall not be in effect until Contractor has funded an escrow account or provided, at no cost to the City, an irrevocable letter of credit or other financial guarantee acceptable to the City Attorney, such as a performance bond, in the sum of $250,000 for the benefit of the City. The escrow account, letter of credit, or other financial guarantee shall be held by a United States bank authorized to do business in the State of Minnesota to secure the faithful performance of this Contract by Contractor, conditioned that Contractor shall well and truly perform and carry out the covenants, terms, and conditions of the Contract in strict accordance with its provisions, and shall not be cancelable during the term of this Contract. The form and content of the performance bond, letter of credit or escrow agreement shall be in a form approved by the parties, and shall be in place for the entire duration of this Contract. The City shall be able to draw upon the letter or credit or escrow account if it follows the procedures set forth below, even if there is a dispute as to whether there has been an act or omission that would entitle the City to draw upon the letter of credit or escrow account. Whenever the City draws upon the letter of credit or escrow account and the payment is not disputed, the Contractor shall replenish the letter of credit or escrow account to its full original value within ten (10) business days after the Contract has been tendered delivery by certified mail, return receipt requested, of the City’s request for payment. If the Contractor fails to pay the City after thirty (30) business days’ notice of imposition of liquidated damages, or fails to repay the City within thirty (30) business days of any damages, costs, or expenses which the City incurs as a result of the Contractor’s failure to fulfill its obligations, the City may immediately request and receive payment of the amount thereof from the financial institution holding the letter of credit or escrow account, and upon making such request for payment, the City shall notify the Contract or the amount and date thereof. The rights reserved to the City with respect to the letter of credit or escrow account are in addition to all other rights of the City, and no action. proceeding or exercise of a right with respect to such letter of credit or escrow account shall affect any other right the City may have. If the City draws on a letter of credit or escrow account in error, or if through negotiation, mediation, court action, or other resolution of the dispute it is determined that all or a portion of the draw should be refunded, the City shall refund such amount within ten (10) business days. 23.NON-DISCRIMINATORY PRACTICES Minnesota Statutes, Section 181.59, which prohibits discrimination on account of race, creed, or color in the performance of public contracts, is made a part of this request with the same force and effect as if set out herein verbatim. 145 Page 31 The Contractor acknowledges and agrees that in its performance of the Contract: 1.That, in the hiring, pay or promotion of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier, or vendor, shall discriminate against any persons who are legally eligible to work in the United States and who are qualified and available to perform the work to which the employment relates; 2.That no Contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment or performance of work of any person or persons identified in clause one of this section. 3.That a violation of this section is a misdemeanor. 24.SUCCESSORS AND ASSIGNS Contractor binds itself jointly and severally, its successors, executors, administrators and assigns to the City in respect to all covenants of this Contract. Contractor shall not subcontract, assign, or transfer any part of its duties or obligations in this Contract nor shall Contractor assign any monies due, or to become due, without the City's prior written consent. 25.NOTIFICATION When this Contract requires notice or approval by either of the parties said notice or approval shall be sought by notifying the following persons at the following addresses: For Contractor:For City: David Pfuhl Chief Operating Officer Aspen Waste 2951 Weeks Avenue SE Minneapolis, MN 55414 612-884-8003 Ms. Nicole Miller Mr. Charlie Yunker Assistant to the City Manager City Manager City of St. Anthony City of St. Anthony 3301 Silver Lake Road 3301 Silver Lake Road St. Anthony, MN 55418 St. Anthony, MN 55418 26.SEVERABILITY All parts and provisions of this Contract are severable. If any part or provision of this Contract shall be held invalid, the remainder of this Contract shall remain in effect. 146 Page 32 27.WHOLE CONTRACT This Contract, together with all Exhibits, embodies the entire Contract between the parties including all prior understandings and agreements (including the City’s Request for Proposals released in July 2022 and the Contractor’s proposal submitted July 29, 2022 incorporated herein by reference) and may not be modified except in writing signed by all the parties. 147 Page 33 IN WITNESS WHEREOF, the parties have caused the execution of this Contract on their behalf by their duly authorized representatives. CITY OF ST. ANTHONY ___________________________ [CONTRACTOR] By:By: Randy Stille , Mayor [CONTRACTOR] By:By: Charlie Yunker , City Manager [CONTRACTOR] 148 Contract Exhibits ¨ E1 SOLID WASTE AND RECYCLING COLLECTION CONTRACT: EXHIBITS Table of Contents EXHIBIT A - PRICE SCHEDULE..............................................................................................E3 EXHIBIT B – RECYCLABLE MATERIALS LIST...................................................................E5 EXHIBIT C – MUNICIPAL FACILITIES..................................................................................E7 149 150 Contract Exhibits ¨ E3 EXHIBIT A - PRICE SCHEDULE 151 Contract Exhibits ¨ E4 152 Contract Exhibits ¨ E5 EXHIBIT B – RECYCLABLE MATERIALS LIST Accepted Recyclable Materials List Plastic bottles and other rigid containers, plastic types #1, #2 and #5 o Water, soda, milk, juice and other beverage bottles, dish soap bottles, shampoo bottles, soap and lotion bottles, detergent jugs, yogurt cups, pudding & fruit cups, margarine/whip cream tubs, cottage cheese & similar containers, clear produce, deli & take out containers Glass o Food and beverage bottles and jars only Metal o Food cans & beverage cans Paper o Mail, office and school papers, magazines & catalogs, newspapers & inserts, phone books o Boxes and cardboard Cardboard, cereal, cracker, pasta, tissue, shoe, gift, electronic boxes, toothpaste & other toiletry boxes Recyclable Cartons o Milk and juice cartons, juice boxes, soup, broth, and wine cartons Not Acceptable Recyclable Materials List Plastic bags Food waste Sharps and medical waste Food waste Bulky items Shredded paper Diapers, pet waste, and fish waste Hazardous products Foil pouches, bags, wrappers Dishes and vases Plastic straws & utensils Refrigerator & freezer boxes Polystyrene foam (Styrofoam®) Aerosol cans Batteries and electronics Carpeting Foam cups, containers, packaging Light bulbs, window glass, heat- treated glass, ceramics, mirrors Paper drinking cups, plates, napkins, towels and tissues Propane, fuel tanks, and oxygen tanks Scrap metal and wood Textiles / clothing Yard waste Tanglers (wires, ropes, chains, cords, and hoses) 153 Contract Exhibits ¨ E6 The Contractor may propose additional materials be added to the list. Additionally, if any agreement the City has with Hennepin or Ramsey County at any time during the term of this Contract requires the collection of additional materials, the Contractor will be required to collect the additional materials within six months, or less, of receiving notification from the City at no additional cost to the City. The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for all City material collected. 154 Contract Exhibits ¨ E7 EXHIBIT C - MUNICIPAL FACILITIES As part of this Contract, the following municipal facilities will receive Refuse and Recycling services as stated below. Building Address Material Type Quantity and Type of Receptacle Frequency of Disposal Public Works 3801 Chandler Drive Refuse One eight-yard dumpster Weekly Recycling One four-yard dumpster Every other week Fire Department 3505 Silver Lake Road Refuse Two large carts Weekly Recycling One large cart Every other week City Hall/Community Center 3301 Silver Lake Road Refuse One four-yard dumpster Twice a week Recycling One six-yard dumpster Every other week Central Park Pavilion 3503 Silver Lake Road Refuse One four-yard dumpster, locked Twice a week from May 1 to September 30 St. Anthony Village Wine and Spirits 2602 39th Ave NE Recycling One two yard Balemeister Twice a week Refuse One two yard dumpster Twice a week 155 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-017 A RESOLUTION APPROVING THE CONTRACT AGREEMENT WITH ASPEN WASTE SYSTEMS, INC. FOR SOLID WASTE AND RECYCLING SERVICES WHEREAS, The City of St. Anthony released a Request for Proposals for comprehensive solid waste and recycling services for all residential single-family and multi-family households of three units or less on July 1, 2022; and WHEREAS, The City of St. Anthony received proposals from Walters Recycling and Refuse and Aspen Waste Systems, Inc.; and WHEREAS,The City of St. Anthony’s Proposal Review Committee selected Aspen Waste Systems, Inc. as the top ranked proposer and Walters Recycling and Refuse as the second ranked proposer; and WHEREAS, The City of St. Anthony chose Aspen Waste Systems for comprehensive solid waste and recycling services for all residential single-family and multi-family households of three units or less; and WHEREAS,The contract stipulates the conditions of the agreement for the time period of April 1, 2023 through March 31, 2028; WHEREAS,the City of Saint Anthony desires to enter said agreement. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF SAINT ANTHONY VILLAGE, MINNESOTA approves the contract agreement with Aspen Waste Systems, Inc. for comprehensive solid waste and recycling services for all residential single- family and multi-family households of three units or less for the contract period of April 1, 2023 through March 31, 2028. Adopted this 10th day of January, 2023. Randy Stille, Mayor ATTEST: City Clerk Review for Administration: Charlie Yunker, City Manager 156 2022 Goals Chart Mission & Vision Be a progressive and welcoming Village that is walkable, sustainable and safe Saint Anthony is an innovative and vibrant community that values our unique environment, providing a full range of quality services, and is a thriving city in which all people can live, work, learn and play Core Values S.E.R.V.I.C.E. — The St. Anthony Way Supportive teamwork, work hard, yet have fun doing it, responsive, non sibi – not for self Effective fair and reasonable, focused on adding value Responsible high level of transparency Visionary long term focus, see the big picture Innovative think strategically, continuous improvement Courteous noblesse oblige, set an example – “golden rule”, do the right thing, empathy Exemplary integrity, want to be the best, motivated to work hard, curiosity, humility Strategic Initiatives Environmental Responsibility Quality Infrastructure Civic Engagement Thriving neighborhoods Communicate Transparently & Effectively Safe & Secure Community Fiscal & Organizational Strength 157 Action Steps Environmental Responsibility Continue phosphorus reduction initiative Salo pond system continues operation. Harding Pond and Central Park Bio Swale rehabilitations scheduled Continue a rain barrel & rain garden workshop Rain barrels delivered the week of April 11, 2022 Maintain highest GreenStep Cities status City achieved Steps 4 & 5 again for 2022 Promote Annual Water Challenge Promoted in April newsletter, City website and social channels Continue solar garden participation & explore expansion WSB and City staff exploring options. No available additional capacity identified to date Continue Fix-it Clinics & TechDump Event held on October 8, 2022 Maintain Tree City certification Application submitted in December, 2022 Comply with MPCA MS4 Phase 2 Required community outreach in City newsletter continues Explore single-hauler organized collection of recycling, waste, organics Council authorized contract negotiations with selected hauler on October 11, 2022 Quality Infrastructure Explore traffic safety on County roads 3th Ave from Silver Lake Rd to Highcrest scheduled to be reconfigured from 4 to 3 lanes in 2023 Continue LED lighting upgrades city-wide Granular Activated Carbon (GAC) plant lighting upgraded in 2022 Review adequacy of public facilities PD working with PW to improve aesthetics and usage Water Tower and Ground Storage Facility Maintenance Rehabilitation project completed in early September, 2022 Seek electric vehicle charging station grants Carbon Solutions Group proposal is on hold by their request. WSB looking into other, similar options as a contingency Complete 2022 street utility project Bid accepted and public hearings called for the project and assessments at the 3/8/22 City Council Meeting Explore options for connecting Mpls Park Board Grand Rounds Missing Link MnDOT Active Transportation Grant request submitted for trail on St. Anthony Blvd from Ridgway Pkwy to Mpls Diagonal Trail Explore green space vs. density in Silver Lake Village Discussed at joint Council, Planning and PEC Commissions meeting on 11/29/22. City may explore ULI TAP program in 2023. Explore green space options in southern SAV Discussed at joint Council, Planning and PEC Commissions meeting on 11/29/22. Consensus is to focus on north end of City and integrate green space into future area redevelopment Explore Dog Park PEC discussed options at their 9/12/22 meeting. Brought to City Council 10/25/22 for consideration and future direction Civic Engagement Support Police Department Strategic Initiatives Leadership in Police Orgs class, Northwestern Police Institute Staff and Command course for middle/top command staff 158 Continue Family Services Collaborative initiatives support Contract renewed for 2022 at the 2/8/22 City Council Meeting Participate in Night to Unite Council & staff participated on August 2, 2022 Continue youth engagement activities Students in Government held Apr. 27 and Dec. 14, 2022 Attract diverse attendees to the Community Academy 2022 Community Academy cancelled due to low interest. Will schedule again for early 2023 Encourage engagement with City commissions PEC member discussed parks usage & desires with residents, engagement webpage added to show ways to get involved Expand locations of Coffee w/t Council Council will revisit outreach approaches in 2023 Monitor flavored tobacco ordinances in surrounding cities Two neighbors restricted sale of flavored tobacco to dedicated stores, one neighbor has not taken action to date Plan future Sister Cities visit to Salo Topic was discussed during unexpected visit by Jouko Urmas to Saint Anthony as part of economic trade visit to Minneapolis Thriving Neighborhoods Evaluate services/policies/procedures through equitable lens DEI priority added to waste hauler Request for Proposals Ensure city code reflects sustainability initiatives Code language accommodating pollinator yards, amended language for Industrial and Commercial districts as well as swimming pools, rubbish and recycling can placement were adopted by City Council 5/24/22. Code language applying to feeding wild animals, fences, and bus benches were adopted by City Council 10/11/22 Explore redevelopment of City-owned property Former bowling alley site sold to developer on May 25, 2022. Grant for tank removal at former gas station awarded Enhance Mental Health Awareness & Resources for staff Benefit providers resources sent to employees monthly. HealthPartners presentation on resources scheduled for January, 2023. Check Up From the Neck Up continues Improve welcoming of new residents to St. Anthony Village Staff met with Kiwanis on 7/14/22 to discuss enhancements to welcome wagon initiative Monitor trends related to single family zoning district density/uses Planning Commission discussed Single Family usage trends and impacts of adjustments to setback and impervious requirements Explore limits on rental licenses of single family homes Issue and possible approach discussed at 10/11/22 Work Session. Will revisit when guidance from regional partner is available Communicate Transparently & Effectively Enhance sustainability tour interactive map Recent water quality, pollinator, pedestrian and tree projects added, residential solar permits, and pond restorations added Enhance use of imagery & videos in city communications Continue to build photo repository, added short video to facebook, recycling holiday lights Explore options for Mass Emergency Communications Hennepin County Dispatch in the process of implementing Wireless Emergency Alerts (WEA) and IPAWS capabilities 159 Build upon existing engagement with community orgs. Annual Faith Groups get together held on May 24th Implement enhancements to city newsletter Communications survey added as an insert to summer edition Conduct community survey to help inform decisions National Community Survey completed and results reviewed by the Council at a November 3rd work session and presented at December 13th City Council meeting Enhance official notification avenues for public hearings Push notification category for Public Hearings added in June, 2022 Safe & Secure Community Continue operational audits of police officer body cameras Internal audits continue to be conducted monthly to ensure compliance Continue public safety community outreach opportunities PD, FD & PW participated in Scouts Pinewood Derby, Coffee with a Cop sessions continue Explore pedestrian & bike-friendly routes Preliminary routes reviewed by the Parks & Environmental Commission, Planning Commission and City Council on 11/29/22 Participate in public safety joint mental health initiatives CISM team utilized after critical incident for SAV public safety staff and outside agency staff Foster connection to mental health services for residents with existing resources City Manager and Police Chief met with new Executive Director of NYFS and discussed ways to increase the awareness of NYFS services available to residents Upgrade Police Department Records Management System Other participating agencies working through onboarding process Explore Fire Department Medical Skillset Expansion Program with Hennepin County to begin in the Fall, and paramedic pay differential budgeted for 2023. Continue in regional engagement regarding public safety City representatives have attended regional meetings with Hennepin and Ramsey County attorneys Fiscal & Organizational Strength Track grant outcomes & locate new opportunities 1st Quarter received: Hennepin County Tree and Toward zero Deaths-$11,185.03, 2nd Quarter received: Fire training grant, DNR wildlife equipment grant, Toward Zero Deaths-$19,165.20, 3rd Quarter received: Centerpoint, Toward Zero Deaths, Hennepin SCORE grant-$16,437.64, 4th Quarter received: Hennepin SCORE 2nd half, Toward Zero Deaths, SAV firefighters relief association, American Rescue Plan Act, State Fire Training grants, Public Safety Officer’s Disability Benefits, Hennepin County Tree Grant- $527,331.85; Maintain cooperative ventures with other entities & explore expansion Enhancing financial services for the MWMO and implementing improved financial reporting for NineNorth Support professional development Department Heads and Council attended LMC conference June 2022. PW Superintendent supported relief efforts in Florida. 160 Review staffing, compensation, benefits and organizational structure Pay Equity report submitted and positive compliance report received 4/5/22. HR Coordinator joined LOGIS Committee Expand online city services on website Online permit portal launched 3/1/22 Develop exit plan for existing TIF districts Working with Ehlers to draft report for Council consideration Establish sanitary sewer Inflow & Infiltration reduction policy Draft Memorandum of Understanding completed. Ordinance language to be presented to Council in early 2023 Plan 2023 budget and tax levy Proposed budget and tax levy presented at the 9/23/22 regular City Council meeting. Final approval on December 13, 2022. 161 THIS PAGE LEFT INTENTIONALLY BLANK 162  Date Type Staff Present January 24 Regular Public Works Snow Plowing Operations presentation Students in Government Presentation City Council City Manager January 25 Special 9:00 a.m.Goal Setting City Council City Manager Dept Heads January 26 Special 9:00 a.m.Goal Setting City Council City Manager Dept Heads January 27 Special 9:00 a.m.Goal Setting City Council City Manager Dept Heads February 14 Work Session City Council City Manager February 14 Regular Planning Commission items from January Water Conservation Poster Winners Public Hearing‐2023 Budget Calendar and Process 2023 Planning Commission Work Plan‐ (motion only) Administration Annual Report City Council City Manager Finance Director February 28 Regular GreenCorp Member application‐resolution Adoption of Strategic Plan Liquor Annual Report Liquor License Renewals City Council City Manager Liquor Op Manager Public Works Director March 14 Work Session City Council City Manager March 14 Regular Planning Commission Items from February Public Works Annual Report 2023 Parks and Environmental Commission Work Plan‐ (motion only) City Council City Manager Public Works Director March 28 Regular Police Annual Report Wyland Water Challenge City Council City Manager Police Dept April 11 Work Session Debt Levy/Updated Street Improvement Plan Code Amendments City Council City Manager Finance Director FUTURE COUNCIL AGENDA ITEMS 2023 163  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS April 11 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 25 Regular Finance Annual Report Authorize preparation of feasibility study for 2024 street project City Council City Manager City Engineer May 9 Work Session City Council City Manager May 9 Regular Planning Commission items from April Insurance Renewal  Tort Limits ‐ Consent City Council City Manager City Engineer May 23 Regular Villager of the Year and Business of the Year City Council City Manager June 13 Work Session City Council City Manager June 13 Regular Planning Commission Items from May City Council City Manager July 11 Work Session City Council City Manager July 11 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update Approval of 2024 debt levy‐public hearing City Council City Manager Finance Director July 25 Work Session Estimated Levy Scenarios City Council City Manager July 25 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief 164  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS August 7 Work Session Staff proposed 2024 Budget and Levy Presentation Estimated Levy Scenarios City Council City Manager August 7 Regular Planning Commission items from July Spirit of St. Anthony Award City Council City Manager August 22 Regular 2024 Budget & Levy Presentation City Council City Manager Finance Director August 23 Regular 2024 Budget & Levy Presentation City Council City Manager Finance Director September 12 Work Session City Council City Manager September 12 Regular Planning Commission items from August 2024 Preliminary Operating Budget and Levy‐Public Hearing Students in Leadership‐Consent City Council City Manager Finance Director September 26 Regular Fire Prevention Presentation City Council City Manager Fire Dept October 10 Work Session 2024 Long term capital budget plans City Council City Manager Finance Director October 10 Regular Preliminary Certification of Delinquent Waste Hauler Accounts‐Consent Agenda Preliminary Certification of Delinquent Utility Accounts‐Consent Agenda Planning Commission items from September City Council City Manager October 24 Regular Quarterly Donations & Grants Quarterly Goals Update Approval of CIP City Council City Manager Finance Director November 14 Regular 8 PM Planning Commission items from October Authorizing polling places for 2023 1st Reading Water, Sewer, & Stormwater‐Public Hearing Presentation on Water and Sewer Rates City Council City Manager Finance Director November 28 Work Session General Fund Surplus Transfers Planning & Parks Commission Interviews City Council City Manager November 28 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater City Council City Manager December 12 Work Session City Council City Manager 165  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS December 12 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2024 City & HRA Budgets and Final Property Tax Levy ‐Public Hearing  2024 Fee Schedule Quarterly Goals update Final reading and adoption of water, sewer, & stormwater Students in Government Presentation City Council City Manager Finance Director December 27 Regular January 9 Work Session City Council City Manager January 09 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants Quarterly Goals update NYFS Agreement Outside Orgs‐Council City Council City Manager 2024 166