2023-01-17 City Council Agenda Packet - Work SessionCITY OF MENDOTA HEIGHTS
NOTICE OF SPECIAL WORK SESSION MEETING
MENDOTA HEIGHTS CITY COUNCIL
JANUARY 17, 2023 • 4:30 pm
City Hall • 1101 Victoria Curve, Mendota Heights
1. Call to Order
2. Discussion
a. Rogers Lake Skatepark Renovation Proposal Update
b. Review Project Close out Costs for the Ivy Falls East Street Rehabilitation
c. Hiring Referral Program
d. City Council Advisory Commission Conflict of Interest -Anti -Nepotism Policy
3. Adjourn
City Council Work Session Memo
DATE: January 17, 2023
TO: Mayor, City Council and City Administrator
FROM: Meredith Lawrence, Parks and Recreation Manager
Ryan Ruzek, Public Works Director
SUBJECT: Roger's Lake Skatepark Renovation Proposal Update
INTRODUCTION
The City Council will receive a project update from staff regarding the Roger's Lake
Skate Park reconstruction project.
BAC KG RO U N D
At the November 15, 2022 City Council meeting, staff received authorization to execute
professional services agreements with American Ramp Company and Bolton and Menk,
Inc. for the design and engineering of the Roger's Lake Skate Park Reconstruction
Project.
Since the November 15 approval, the project team (consisting of the City's Parks and
Recreation Manager, Public Works Director, American Ramp Company representative
and Bolton and Menk engineer) have met multiple times to begin work on the redesign
process.
In addition, the skate park work group (consisting of residents of Mendota Heights who
utilize the existing skate park) have met twice. The first meeting included an
introduction to the project and the opportunity for the work group members to share
their goals for the park in addition to their preferred park features and layout.
The American Ramp Company took the feedback received from work group and
designed a draft modular feature skatepark with a concrete pad that was within the
budget that the City Council provided for the project. The renderings of the design
were shared with the work group at their second project meeting in order for the work
group members to share their initial thoughts on the design. At this meeting the work
group members in attendance voiced concerns in regards to the modular feature design
and discussed the need for the new skatepark features to be constructed completely out
of concrete.
A full concrete park would be approximately a third in size compared to a modular
feature skate park built on a concrete slab. In addition, it would not be feasible based on
contractor schedules to build a full concrete park in 2023, so this project build would
need to be pushed out to 2024. Comparatively, a modular feature park with a concrete
base could have construction complete by the early Fall of 2023.
If the City Council is open to the possibility of a full concrete skate park with the budget
provided for this project, staff is recommending the attached survey be made available
for residents to provide their input on the type of skatepark that is desired by the
community.
If the City Council is not open to the possibility of a full concrete skate park, staff is still
recommending a survey be made available to residents to provide input, but the
questions asked would be more directly related to modular features.
Attachments: Draft Mendota Heights Skate Park Concepts
Proposed Survey for Community Input on Type of Skatepark
BUDGET IMPACT
The budget for 2023 included a total of $300,000 for this project ($225,000 from the
General Fund balance and $75,000 from the Special Parks Fund). The costs incurred for
consulting work to prepare designs and preconstruction documents are estimated to be
$41,920.
ACTION RECOMMENDED/REQUESTED
The City Council is asked to receive staff's update and provide direction on next steps
regarding the Roger's Lake Skatepark Renovation Project.
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Mendota Heights Skatepark Survey
The survey will take approximately 4 minutes to complete.
* Required
1. What is your email address? (This will only be used to communicate regarding
your skatepark.)
*
Enter your answer
2. What city/town do you live in? *
Enter your answer
3. What age group are you in? *
0 Under 12
0 12 -18
0 19-30
0 31-49
0 50 or over
4. What are your wheels of choice? *
❑
Skateboard
❑
BMX bike
0
Inline skates
Quad skates
Scooter
Wheelchair
❑
None of the above
5. How would you rate your skill level? *
O Beginner
O Intermediate
O Advanced
6. Which skatepark build style do you prefer? (Skatepark size comparisons shown
in large images below survey) *
OAbove Ground Skatepark
OConcrete Skatepark
7. How would you primarily access the new skatepark? *
0 Drive myself
0 Carpool with friends
0 Get dropped off by Mom/Dad
0 Skate/bike/scooter
0 Public transportation
8. How often do you think you would use the skatepark? *
0 Everyday
0 Few times a week
0 Few times a month
0 Few times a year
9. What time of day are you most likely to use the skatepark? *
0 Sunrise to Noon
0 Noon to 3PM
0 3PM to 7PM
0 Later than 7PM if possible
10. What is your preferred ratio of street to transition terrain? *
0 100% Street
0 70% Street, 30% Transition
0 50% Street, 50% Transition
0 30% Street, 70% Transition
0 100% Transition
11. Rail Preference:
0 Round
0 Square
0 Equal amount of both
12. Please rate the following based on what amenities are most desirable:
Street / Plaza *
Don't Care
Care a Little
Neutral
Want
Want Most
Square Hand Rails
0
0
0
0
0
Round Hand Rails
0
0
0
0
0
Ledges
0
0
0
0
0
Manual Pads
0
0
0
0
0
Square Flat Bars
0
0
0
0
0
Round Flat Bars
0
0
0
0
0
Curbs
0
0
0
0
0
Bank Ramps
0
0
0
0
0
Wallrides
0
0
0
0
0
Pyramids/Hips
0
0
0
0
0
Fun Box Bank to Transitions
0
0
0
0
0
(Jumpboxes)
Fun Box Bank to Banks
0
0
0
0
0
Stairs
0
0
0
0
0
Step Ups/Euro Gaps
0
0
0
0
0
13. Please rate the following based on what amenities are most desirable:
Bowls / Ramps *
Don't Care
Care a Little
Neutral
Want
Want Most
Spine Ramps - Transition to
0
0
0
0
0
Transition
Extensions/Escalators
0
0
0
0
0
Snake Runs (Elongated Half-
0
0
0
0
0
Pipe)
Wallrides
0
0
0
0
0
14. For quarterpipes/bowls/miniramps, do you prefer:
0 Tight radii (steep and quick transition)
0 Mellow radii (less steep transition)
0 Mix of both (some ramps steep, some mellow)
0 No preference
15. Generally, do you prefer quarterpipes/bowls/miniramps to be:
0 Shorter (4' and lower)
0 Taller (5' and higher)
0 No preference
16. Is there a unique, signature feature you would like to see added to the new
skatepark? *
Enter your answer
17. What are your favorite skateparks in the region and what do you like best about
each one? *
Enter your answer
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City Council Work Session Memo
DATE: January 17, 2023
TO: Mayor, City Council and City Administrator
FROM: Ryan Ruzek, Public Works Director
SUBJECT: Project Close Out Costs for the Ivy Falls East Street Improvements
INTRODUCTION
The City Council is asked to provide direction on the project close out costs for the Ivy
Falls East Street Improvement Project.
BACKGROUND
As you are aware, the Ivy Falls East Reconstruction project was not completed on time
due to the general contractor, Alcon Construction.
The city has yet to finalize the contract with Alcon Construction. Alcon sent over a pay
request to the city on December 12, 2022. Staff and our consultant have reviewed the
pay request and highlighted the outstanding discrepancies, staff will still need to resolve
these issues with Alcon.
The city consultant, TKDA, has prepared the draft response to Alcon. City staff desires to
hear the wishes of Council for pursuing liquidated damages on the project. The draft
response below has a highlighted section of the current proposal to the contractor.
The city has accrued a total of $40,516.50 in actual expenses related to the contract not
being completed on time. The city currently has retained 5 percent of the project costs
as a surety which totals $67,143.09. In a conversation with the city attorney, Mr. Knetsch
alluded that the city did not need to prove damages as this is a breach of contract. As
of December 9, 2022, the calculated liquidated damages are calculated at $166,500
using business days since July 1, 2022 or $243,000 as calendar days since July 1. The
project field work has been completed since late October but the contracts have not
been finalized.
I am hesitant to think the city would be able to collect funds above what is currently
being retained. The city would also accrue additional fees as it attempts to collect any
additional funds.
Draft Response
Thank you for email from December 12 for closeout of the Ivy Falls project. I have reviewed the
materials with the City and have prepared the attached Payment Application #8. This would be
considered a final payment application and reduces the retainage to $0.00. We will need closeout
documents from your sub -contractors (IC-134s) to process this final payment.
In your email you reference a punchlist document. No punchlist document was sent with your
email. Please send your documentation.
The City has evaluated the pay items you referenced in your e-mail. We agree on a number of
these items but disagree on others.
Your e-mail asks the City to pay for Bituminous Roadways price increases for work in 2022. The
paving work done in 2022 was completed by Minnesota Paving and Materials not Bituminous
Roadways. Furthermore, Alcon controlled the schedule for work and it was Alcon's schedule that
dictated the work completed in 2022. The City would have preferred to have had the full project
completed in 2027 as originally specified. Therefore, the City is not interested in participating in
increased costs for 2022 work.
The project completion did not meet the specifications and the City has incurred additional
expenses as a result. Liquidated damages per the contract specifications amounted to $166,500
based on the extended completion date of 71712022. However, expenses incurred by the City
amounted to $40,576.50. These expenses covered City Staff time, legal, inspection, materials
testing, and other miscellaneous expenses. The City wishes to recover only the expenses incurred
in the amount of $40,576.50 and this amount is deducted in payment application #8 as Change
Order #4.
Please review these materials and sign and return the FINAL payment application #8 and also
return your closeout paperwork including the IC-134s.
ACTION RECOMMENDED/REQUESTED
Is the Council acceptable to collecting the actual accrued costs as damages or should
the city seek additional damages from the contractor? If additional damages are
desired, what is the amount the Council would like to pursue?
City Council Work Session Memo
DATE: January 17, 2023
TO: City Council
FROM: Kelly Torkelson, Assistant City Administrator
SUBJECT: Hiring Referral Program
INTRODUCTION
Staff are soliciting feedback from council regarding the development of a hiring referral
program that would incentivize existing staff to help the city to recruit qualified
candidates for open positions. In addition to helping to identify and attract top
candidates, this program would also serve to support existing staff, both financially from
the incentive itself but also by encouraging connections between new and existing staff.
BACKGROUND
Current staff are one of our greatest resources in attracting top talent in candidates to
come and work for the city. Not only do current staff serve as professional ambassadors
for the brand of the city and the organizational culture, but successful staff also know
other successful professionals that would be assets to the city.
The current hiring market is incredibly competitive and staff are looking for ways in
which the city can better compete in the market and attract top candidates for positions.
In order to attract top talent, staff are proposing developing a hiring referral program
that would incentivize current staff to encourage other talented professionals who they
know to apply to open positions at the city of Mendota Heights.
The proposed program would provide $500 to a current staff person who referred a
candidate to the city that was ultimately hired and another $500 once that new
employee completed their one-year probationary period with the city. Full -Time and
Part -Time permanent staff will be eligible for this program. In addition, there may be
value in incorporating a department specific differential based on hiring needs.
The League of Minnesota cities has highlighted a similar program developed at the City
of Cottage Grove as a part of their Career Advantage highlight which identifies
innovative ideas that cities are implementing that are making a difference responding to
challenges faced by cities. In addition to Cottage Grove, staff also reviewed a referral
program for the Roseville Police Department and for the Eden Prairie Fire Department.
Feedback from staff at agencies that have implemented this program indicate that it has
been successful.
BUDGET IMPACT
This program would be funded by salary savings resulting from the gap between when
employees leave a position and when we are able to hire the new staff person. In
addition, the retention benefits of the program hopefully would result in decreased
turnover and the resulting staff costs associated with that.
City Council Work Session Memo
DATE: January 17, 2023
TO: City Council
FROM: Cheryl Jacobson, City Administrator
Kelly Torkelson, Assistant City Administrator
SUBJECT: City Council/Advisory Commission Conflict of Interest- Anti -
Nepotism Policy
INTRODUCTION
Staff have been asked to bring the question of whether or not there should be a city
council policy to prevent residents with familial relationships to sitting council members
from applying for open commission seats (or a policy preventing city council members
from appointing family members to city advisory commissions).
BACKGROUND
The purpose of anti -nepotism policies is to avoid conflicts of interest by decision makers
when allocating public resources. This mostly pertains to financial investments by the
city but could relate to non -financial decisions as well. It is up to a council member to
determine and to disclose if they have a conflict of interest, financial or otherwise, that
introduces a bias into their decision -making abilities. In the case of an existing conflict
of interest, the affected council member should abstain from voting on the issue in
question.
Conflict of interest laws do not directly address conflicts that may arise out of family
relationships. The Minnesota Human Rights Act prohibits discrimination based upon
marital status. As a result, making inquiries into the martial status of applicants for city
positions is not recommended. Most cities are moving away from adoption of policies
pertaining to limits on appointments based on relationships in order to avoid gray areas
surrounding the law.