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01 21 2025 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 21, 2025 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota, CALL TO ORDER Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, Mazzitello, and Maczko, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. FIRE DEPARTMENT PINNING —FIRE CHIEF DAN JOHNSON Former Fire Chief Dave Dreelan thanked the past and current City Council members, members of City staff, members of public safety, and the residents commenting that it has been an honor and privilege to serve the community. He thanked his wife and daughters for their continuous support throughout his career. He recognized the great work that Fire Chief Dan Johnson has done throughout his career and congratulated him on the new position. The ceremonial Oath of Office and badge pinning for Fire Chief Dan Johnson were completed. Fire Chief Dan Johnson thanked everyone for the opportunity to continue to serve the community that he has served for the past nine years. He commented on the history of the Mendota Heights Township and Mendota Heights fire department and its Chiefs. He recognized the service of Councilor Maczko as Fire Chief and now as a member of the City Council. He stated that to be in the position of Chief is an honor and he finds difficulty in finding the right words to describe. He appreciated the history and mission statement of the department, which will continue to be guides in his position as they look forward to and continue to provide the excellent services needed by the community. Councilor Paper welcomed Fire Chief Dan Johnson to the position. Councilor Maczko commented that he cannot think of anyone with more passion for fire service than Fire Chief Dan Johnson, noting his true sense of community service and commitment to the community. He stated that the department is in good hands and will continue forward in a strong manner. He thanked Fire Chief Dan Johnson for his service and congratulated him. Councilor Lorberbaum recognized all the Chiefs that have previously served, noting that Fire Chief Dave Dreelan will be missed. She welcomed the new Fire Chief. Councilor Mazzitello thanked former Fire Chief Dave Dreelan, recognizing the things he has accomplished in his tenure. He congratulated new Fire Chief Dan Johnson and stated that he possesses the skills to fill the shoes of that position well. He recognized the spirit of public service which drives them to do what they do and congratulated the new Chief. Mayor Levine echoed the comments made by other Council members. She recognized that this type of service requires the support of their families. She stated that Fire Chief Dan Johnson and his wife are a dynamic duo in the fire department. She stated that the fire department is the soul of the city, and they are proud of their fire department. She expressed gratitude for the service the department provides to the community and thanked former Fire Chief Dave Dreelan and new Fire Chief Dan Johnson, AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent agenda as presented, pulling item C. a. Approval of January 7, 2025, City Council Minutes bI Approve the City of Mendota Heights Fleet Safety Policy d. Approve Cooperative Agreement with Tree Trust for the 2025 Tree Canopy Program e. Acceptance of Minnesota Chiefs of Police Foundation Grant f. Acknowledge October, November, and December 2024 Fire Synopses g. Approve Massage Therapist License h. Approve November 2024 Treasurer's Report i. Approve a Letter of Support for MuDOT Slope Stability Study on Highway 13 j. Authorize Master Services Agreement with I & S Group, Inc (ISG) k. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Janrary 21, 2015, Mendota Heiglr7s City Camrci! Page 2 oJ22 PULLED CONSENT AGENDA ITEMS C) AUTHORIZE NATURAL RESOURCES INTERNSHIP POSITION AND POSTING Mayor Levine commented that there is an opportunity for a student to serve this summer in a natural resources internship. She commented on the valuable work experience that can be gained. Councilor Paper moved to authorize NATURAL RESOURCES INTERNSHIP POSITION AND POSTING, Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2025-06 APPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Levine reported that the City Council accepted applications for four open positions on various commissions and interviews were held on January 91. She stated that the Council was grateful for the robust applicant pool that expressed interest in serving on the advisory commissions. She welcomed the four new members who will be joining the Planning Commission, Park Commission, and Natural Resources Commission, Councilor Lorberbaum moved to approve RESOLUTION NO. 2025-06 APPOINTING CITY ADVISORY COMMISSION MEMBERS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 B) PAVEMENT RATINGS PROPOSAL Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to consider a proposal from GoodPointe Technology to collect and provide pavement ratings. Councilor Maczko asked for clarification on the length of roadway, which was mentioned as 72 miles, but noted that the proposal from GoodPointe states 65 miles. Assistant City Engineer Lucas Ritchie stated that the proposal does include a few less miles because of roadways that were recently reconstructed or are in progress. Janeiary 21, 2025, Merrdola Heights Crty Council page 3 of 11 Councilor Maczko thanked staff for their work on this as it has been his priority to have data to develop a plan. He stated that this is an unbudgeted item and believes that the City needs to follow its budget. He recognized that there will be times when there are unknown costs or emergencies that arise and must be dealt with. He commented that he strongly supports this item but is concerned that this would deviate from the budget. Assistant City Engineer Lucas Ritchies e s is not approved, it would be included as a 20M budget request. He explained that originally staff believed that this could be done internally, but have discovered that is not feasible and a third party would be needed. He explained that this data could assist in making decisions for 2025 projects and planning for the future. He recognized that this is an unbudgeted request, but staff do see the need and benefit to have this information today, however, staff would be able to function without the data if this were delayed for one year. Councilor Paper asked for more information on how the data is gathered. Assistant City Engineer Lucas Ritchie stated that various methods can be used to gather that data, noring that this consultant would drive a vehicle with a camera on the bottom and would use Al to analyze that data. Councilor Paper recognized the initial software cost but asked why there would be an ongoing cost for the software. Assistant City Engineer Lucas Ritchie replied that he was only requesting aone-year subscription. He commented that staff would review whether the software would be beneficial in the future. Councilor Paper asked if there is feedback from other communities that have used GoodPointe. Assistant City Engineer Lucas Ritchie replied that other communities have used this software with solid feedback and Mendota Heights has used this in the past. Councilor Lorberbaum commented on the dilemmas they have had in previous cases with experts with different opinions and believed that this information would be helpful to guide them in making the right decision. She stated that while she agrees with Councilor Maczko's point of view on the budget, she believes this needs to be done. Councilor Mazzitello stated that he is glad the City is doing this again, noting that it should be done periodically to keep up on the data. He stated that this is an opportune time to get this done as the Council will be doing a review of the street reconstruction and assessment policy and it would be great to have accurate data as they enter into that discussion. He asked that this be a budgeted request in the future, whether that it be a street line item or its own budget request. Councilor Mazzitello moved to approve PROPOSAL FROM GOODPOIN'TE TECHNOLOGY TO COLLECT AND PROVIDE PAVEMENT RATINGS. Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 Janaary 27, 2025, Mendota Heights City Council Page 4 of 22 C) CANNABIS BUSINESS REGISTRATION ORDINANCE REVIEW Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to provide comments to staff, and no formal action is required tonight. Councilor Paper asked how it would be decided who gets the license if multiple applications are received. Community Development Manager Sarah Madden replied that the statute does not specify how a city would accept retail registrations. She stated that the OCM could approve multiple locations for a license and that the retail application is the last step. She stated that the City Attorney has recommended a first come first serve process for complete applications. She explained that the City would know ahead of time if a business is going to apply because zoning verification is part of the State process before retail registration occurs. Councilor Paper asked and received confirmation that the first step would be for the applicant to receive a license from the State and work out details on their desired location, which would include a zoning confirmation prior to submission to the City for a retail license. Community Development Manager Sarah Madden stated that the City will be a part of the State's zoning review, and through that step staff would know who is in the licensing pipeline. She stated that if an applicant were operating efficiently, they would have a lease in place prior to the State license. She commented that she could be alerted that three different applicants are coming down the pipeline, but she would not know who the first applicant would be until the completed application is received by the City. Councilor Paper commented that there would then be a chance that three different companies could go through the necessary steps, have all their paperwork in line, and then would need to fight it out to have their application as the first received. Community Development Manager Sarah Madden stated that if there were multiple applicants, there would also be multiple applicants for the Conditional Use Permit (CUP), therefore there would be some foresight to knowing if multiple CUP requests are received. She stated that she has received inquiries but not an exorbitant amount. She stated that if there is a lot of interest, and the City desires, that cap could be increased from one retail business. Councilor Lorberbaum asked if the Council has agreed to the first come first serve method. Community Development Manager Sarah Madden replied that the intent for this meeting is to gain that input from the Council. She stated that staff recommends a first come first serve basis but the decision is of the Council as that is not specified within statute. She stated that if the Council provides direction to follow a different review path, she would amend the language to include that method of review. Councilor Lorberbaum recognized that new regulations were released today and asked if the intention is for staff to review that and then determine if additional amendments will be necessary and if so, asked if that would be brought back before the Council. January 21, 2025, Mendota Heights City Council Page 5 of 22 Community Development Manager Sarah Madden replied that she did a preliminary review and most of the draft rules apply to the entirety of adult -use cannabis, providing some examples. She stated that the local control section of the draft rules is very similar to what had been provided through the draft guide. She confirmed that she would continue to provide updates to the Council as new information is released. Councilor Lorberbaum asked why staff would recommend the first come first serve method of review. Community Development Manager Sarah Madden replied that recommendations were developed in discussions with the City Attorney as to what criteria would be considered if there were multiple applications. She stated that the applications would be almost identical and therefore was unsure of what basis a comparison decision would be made of. Councilor Maczko stated that is where his biggest concern is as not all businesses are created equally. He recognized that the first come first serve basis gets the City out of having to make a decision, but that also takes away the ability for the City to determine if the business would be a good fit. He used the scenario that a business is approved and asked if their license continues to be extended if they do not lose their license. He asked what type of protection the City would have from having to allow an unwanted business. Community Development Manager Sarah Madden replied that the process was designed by the State for the cities to have less picking and choosing options when it comes to retailers for cannabis businesses. She stated that the license would be continuous as long as the license and registration continue to be renewed. She provided examples of items that could cause a license to be revoked and noted that a business could also choose to leave to go to another community. She stated that if the Council desires a different selection process, she can take that direction. She stated that the first choice of staff would be the first come first serve basis and the second would be a lottery -based system. She stated that if the Council desires a different review process, there would need to be clear criteria developed upon which a review would be completed. Councilor Maczko asked if any cities have developed that type of criteria for review and scoring. Community Development Manager Sarah Madden stated that she was not aware of any that had a selection process when she reviewed draft ordinances this fall. She stated that the majority used first come first serve, lottery, or a rolling application window timeline. She stated that many of the neighboring communities have a larger population and therefore do not have the same limit of one retail business, therefore there is not the same concern with multiple applications. Councilor Mazzitello commented that the statement was made that if all requirements of the OCM are met, the city must approve the registration, if all setback and other zoning requirements are met. Community Development Manager Sarah Madden commented on some additional requirements that would need to be met prior to the registration being issued such as ensuring the property is up-to-date on taxes and assessments and a lease is in place, if the building is not owned by the applicant. Councilor Mazzitello commented that it is unfortunate that the OCM has limited what cities can and cannot do. He stated that he agrees with the first complete application method as that follows the work the City has done to remove language such as "the Council may" to remove the grey areas. He noted that the January 2I, 2025, Mendota Heiglns City Codncil Page 6 of 22 ordinance states that these businesses would be allowed in the industrial zone as a conditional use and asked if the same would be true for the business and mixed -use PUD districts. Community Development Manager Sarah Madden replied that within the retail/business zones, the retail use would also be conditionally allowed. She stated that the lower potency hemp retailers would be an exception as those are already allowed today. She stated that this use is not listed within the mixed -use PUD district. Councilor Mazzitello asked for more information on the defmition of a temporary cannabis event Community Development Manager Sarah Madden replied that type of event is called out in the statute and OCM guide as something that would be permitted through licensing, although she could not think of a good description of what the event may look like. She stated that it could be considered similar to a temporary liquor license. Councilor Maczko asked if the City has to allow for temporary cannabis events. Community Development Manager Sarah Madden replied that a local government cannot prohibit a cannabis business license type from the community and that is one type of license. She stated that she can gather more information on the events to provide more detail. Councilor Maczko stated that he would be concerned that someone could rent Mendakota Park for a temporary cannabis event and was unsure that is something the community would want. Community Development Manager Sarah Madden stated that there are performance standards for those types of events and explained that the buffers in place would exclude the park from being a location. Councilor Maczko asked for clarification on the language related to the number of businesses registered within Dakota County and the statement that if that trigger is met, the City would not be required to license additional businesses. Community Development Manager Sarah Madden explained that the statute includes a minimum number of retailers based on population and if there are enough retail registrants county -wide to meet that population threshold for the county, the City would not be required to register additional retail businesses because the cap has been met through the county. Councilor Maczko referenced the required buffers and asked if a GIS map could be created to identify where these businesses could be located. Community Development Manager Sarah Madden replied that the presentation did include a rough draft of that map, noting that she would clean that up going forward. Councilor Maczko noted language that references an application fee and asked if that should instead be a registration fee. Jonvary 21, 2025, Mendota Heiglns Ciry Council page 7 of 22 Community Development Manager Sarah Madden stated that she could modify that language to be more consistent, clarifying that it is an application fee for business registration. Councilor Maczko asked if something could be put into an ordinance to regulate something they do not want the State to do. He commented that it seems odd to put something in the ordinance that tells the State what it cannot do. Community Development Manager Sarah Madden replied that the sentence is within the draft rules, statute, and model ordinance and therefore was included in the ordinance. Councilor Paper asked if the term "Indian country" is actually used. City Attorney Amy Schmidt replied that is the correct term as defined in federal law Councilor Paper stated that the first come first serve method seems strange. He commented that this is a big decision as only one retail business will be allowed and was unsure that choosing the fastest applicant is the right decision. He stated that he would want to choose an operator that will have success with the least amount of difficulty and problems and that may not be the one that is quickest to the door. City Attorney Amy Schmidt stated that it is the staff recommendation to use first come first serve because there is only one allowed. She stated that all vetting is done at the state level, as that has been taken out of the City's hands. She commented that this would be the most straightforward and objective way to move forward. Councilor Paper commented that a lottery would seem even more silly as that would be completely random. He stated that if there is no ability to choose an applicant, then first come first serve would seem to be the path forward. Councilor Lorberbaum stated that while it is not ideal, she is leaning towards first come first serve. Councilor Maczko stated that he has the same concerns as Councilor Paper with that method but also was unsure of the criteria that could be used to make a decision without someone claiming the decision is arbitrary. He agreed that the first come first serve would make sense at this point. Mayor Levine stated that she also leans towards first come first serve as the State will do the job of vetting the application. She stated that the City has its zoning in place and can issue citations for businesses that fail to comply. Community Development Manager Sarah Madden stated that she would place that into the draft for the next review and will bring back additional information on temporary cannabis events. D) REQUEST FOR PROPOSALS FOR IVY HILLS PARK PLAYGROUND REPLACEMENT Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained that the Council was being asked to consider authorizing the issuance of a Request for Proposals (RFP) for the playground replacement at Ivy Hills Park. Janxary 1!, 1025, Mendota Heights City Coeurcil Page 8 of 11 Councilor Paper referenced the statement that the neighborhood has requested a new playground and asked for more information on the definition of neighborhood in that scenario. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that in this scenario it is residents from this neighborhood and other neighborhoods. She stated that staff tend to receive calls a few years out from planned replacement, noting that she is already receiving calls inquiring about Friendly Hills playground. Councilor Paper asked where the data came from that stated that one in five residents in that area are disabled. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that information was pulled from the US Census by the consultant as part of the Master Plan. Councilor Paper asked if the census includes a question asking about disabilities and if the results were then that one in five residents in that area are disabled. He asked how that compares to the rest of the community. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that question and related result is part of the census. She commented that she did not have the list with her, noting it is part of the final report. She noted that not all disabilities are visually seen. Councilor Paper commented that is a big number and should be addressed for this community. Councilor Mazzitello referenced the process and asked if three firms would be brought to the City Council for selection and whether a staff recommendation would also be included at that April meeting. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the same process was followed for Marie and Valley View Heights playgrounds. She stated that regardless of how many applications are received, three will be chosen to move forward for public comments and a recommendation will be made by the Parks and Recreation Commission. Councilor Lorberbaum stated that it sounds like this proposal was developed in a worksession, that was not televised, and was not reviewed at a formal Parks and Recreation Commission meeting. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the Parks and Recreation Commission did not hold a regular meeting in January as it held a strategic planning workshop, and video services were not available for that meeting. She stated that the Commission reviewed the entire RFP, bad an hour-long discussion, and engaged with neighbors and playground subcommittee members. She stated that the six members who were present supported this scope for the project, although it was not a formal recommendation. Councilor Lorberbaum stated that 20.6 disabled individuals seem skewed and asked if there is a diameter of the area around the park that is considered. January 2!, 2025, Mendota Heights City Coxnd! Page 9 of 22 Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained that service level areas were developed for each park as part of the Master Plan process in order to decipher the census data. Councilor Lorberbaum asked n wood chips, and fiber chips are both accessible and for more information on those materials. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the desired surfacing would be engineered wood fiber surfacing which is the standard in the City complexes with the exception of Mendakota which has a combination of that material and poured in place surfacing. She stated that the material meets ADA standards although acknowledging that it may not be easy to push a wheelchair through that material. She explained that poured in place surfacing would add $80,000 to $100,000 to the cost. Councilor Lorberbawn asked and received confirmation that all existing benches could be retained and asked if any of those are donated benches. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that those benches are not donated and are the required two benches within the container to ensure proper supervision of children. She stated that the benches could be reused by the vendor and if they were not reused in this instance the City would retain those benches because they are in good shape. Councilor Lorberbaum asked for more information on the durability of communication boards. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that those boards are significantly durable and are becoming more common in playground structures. She did not have any concerns and thought they would be a great addition to the parks. Councilor Lorberbaum asked if the additional space that would be added would accommodate all the desired features, specifically asking if this is a need versus a want. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she is unsure of the new spacing requirements for a new playground because each feature has a different buffer requirement for safety. She stated that the size increase is requested to ensure the playground would have the same number of features and would be comparable to other neighborhood playgrounds. Councilor Lorberbaum stated that she has concern with the cost of $180,000. She asked if the size could be reduced to save money if all aspects could be met. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that is a decision for the Council to make as the maximum budget is included in the RFP. She stated that in the past most proposals are very near that budget number. She asked that the Council provide that input tonight on the budget to ensure that they do not receive proposals that cannot move forward at that cost. Councilor Lorberbaum commented that staff have done this before and have done it well. She asked how the budget is determined. January 21, 2025, Mendota Heights City Council Page 10 of 22 Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained that she reviews the playgrounds that have been done in the past to review the cost, size, features, and anticipated price increases. Councilor Lorberbaum asked if the budget were reduced, would the vendors then try to find a way to provide everything desired within that cost. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the goal in utilizing this process is to put vendors in a position to compete with the most and best features possible to win the contract. She stated that when the budget is set, the ask is then for the best proposal to be submitted that meets that budget. She noted that features can be listed as alternates, noting they have done that in the past for shade structures. She stated that the larger the budget, the better result the playground would be. Councilor Lorberbaum stated that perhaps everything desired could be provided for $160,000. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the City may not receive proposals if the vendors do not feel the desired features could be provided. Councilor Lorberbaum stated that if they ran at $160,000 and no proposals were received, that could be increased to $180,000 but recognized that would mean the project would not move forward this year. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that is correct. She stated that the City respects the time of vendors, and she would not want to put proposals out with the expectation that they would not move forward as that could impact the ability of the City to receive proposals in the future. Councilor Lorberbaum stated that she is concerned that there is a special parks fund that they like to keep a minimum balance of $200,000. She stated that the current balance is $186,000 and an additional $20,000 would come from that account which will continue to lower the balance with no plan to increase that fund balance. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the City will likely receive park dedication fees with the final At Home Apartments development. She stated that the special parks fund is not a rainy -day fund and can only be used for new or enhanced features to a park. She explained that the account cannot be used for emergency situations and was unsure that would be the correct fund for rainy day situation. She stated that although $20,000 is a lot of money, that will not fix the ongoing funding concern for parks noting that will be a larger discussion as part of the Master Plan process. Councilor Lorberbaum asked if the $20,000 could come from another source as the special parks fund has been used for good things in the past and she would prefer to keep the balance for unexpected things that arise. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that in discussions with the Finance Director, the special parks fund was the recommendation for that $20,000, She stated that staff could look at other funding sources but would not want to guarantee there would be another source. January 21, 2025, Mendaa HeigH�s Crty Council Page I! of 32 Councilor Lorberbaum asked if a proposal could be done for $180,000 without knowing where the $20,000 would come from. Parks and RecreatiowAssistant Public Works Director Meredith Lawrence replied that would be a decision of the Council. She stated that the budget could be set at $160,000, moving some features to bid alternates. Councilor Maczko asked the number of residents that attended the Park Commission meeting. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the meeting was not noticed by residents, but two residents were in attendance and noted that the playground was discussed at the last meeting of the Homeowners Association. Councilor Maczko stated that it would be helpful to have numbers on the number of complaints and comments received. He stated that he was also shocked on the census data related to disability and commented that it would be nice for the Council to know the service area and number of residents that reside within that area. He stated that he is not big on the lifespan of 15-20 years as things last longer if properly maintained. He asked for more information on the maintenance costs for the park. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that staff does not track those expenses to that level of detail but is looking into software to track that information. Councilor Maczko stated that it is cheaper to maintain then to replace but acknowledged the need for ADA accessibility and commented that there should be ADA options within all of the parks. He asked if some of this equipment is available on a State contract. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that in the past staff used the State contract to purchase equipment, but noted that the City then pays what the contract says. She stated that in this method, some vendors choose to sell the equipment cheaper in order to obtain the contract. Councilor Maczko stated that the State contract pricing could help validate the estimated cost. He was concerned that if the budget number is released, the vendor will get as close to that number as possible. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that to utilize the State contract she would need a company to design where the features could be placed to meet the safety requirement buffers and explained that it is not as easy as looking through a catalog to pull out pricing. Councilor Maczko stated that if safety zones are a criteria, those zones should be readily available to create an estimate. He stated that he does support community involvement and providing ADA compliance, but commented that this is a large amount of money, and he wants to ensure it is spent wisely across the city for the benefit of all residents. He stated that he heard a lot of generalities and not specifics. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that if there is additional information desired, the Council could request that information. January 21, 2025, Mendota Heights City Council Page /2 of 22 Councilor Maczko asked if there could be numbers provided on the number of residents who have requested this to be done. He stated that he would also like to see maintenance costs if that is a criteria for replacement as the playground looks very usable. Parks and Recreat10ss stant Public Works Director Meredith Lawrence replied that staff have been internally discussing an asset management software that could track that data and related expenses. She noted that may come forward as a budget request in 2026 as it would provide better data for all infrastructure within the community. She stated that she receives about 150 emails most days and 25 phone calls each day, noting that she does not track those contacts and attempts to respond within 24 hours of the contact. She stated that if the Council wants staff to track those contacts, she could do that but cannot go back in time. Councilor Maczko stated that the Council must defend their actions and decisions and that is hard to do without data and information that can be shared. He stated that the $20,000 is unbudgeted and he does have concern with that. Councilor Mazzitello asked if an RFP could be issued without a maximum amount and how that could impact responses. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that could be done. She stated that the proposed process with a dollar amount is a common process used by many cities and she has not seen that done without a dollar amount. She commented that in that scenario it would be difficult to have fair community engagement as residents could gravitate towards the most expensive option. Councilor Mazzitello acknowledged that the desire is to have a level playing field between the vendors. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that vendors also provide six photographs, which are chosen by the vendors. She stated that if there is a $140,000 proposal and a $240,000 proposal, it would be assumed that residents would most likely choose the more expensive option not knowing the impact on the tax base. Councilor Mazzitello asked if a $160,000 maximum amount could be requested and then an additional ask for the vendor to show what an additional $20,000 could result in. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the Council could choose that path but asked how they would move forward with community engagement with two different proposals and budgets. She stated that if that is the desire, she would prefer a bid alternate option. Councilor Mazzitello asked if special park funds were used for the container expansion at Valley View Heights. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that to be true noting that she also believed the special parks fund was used for the container expansion at Marie. January 21, 202$ Mendota Heights City Couwcil Page 13 of 22 Councilor Mazzitello stated that there is $316,000 inbound to the special parks fund at some time in 2025. He stated that there will need to be a larger policy discussion about providing a sustained funding source for capital improvements to the parks. He noted that they have these discussions every year about budgeted expenses and whether these funds should be allocated. He did not believe $20,000 to be a large hit to the special parks fund. He commented that he is disabled and that if he lived within the survey zone, he would be one of those 20 percent, noting that he is not in a wheelchair but is an over 50 percent disabled veteran. He stated that he would count in those statistics and asked the Council to think of the age demographics of the city, noting that Mendota Heights is one of the oldest age demographics. Councilor Mazzitello moved to authorize THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR THE PLAYGROUND REPLACEMENT AT IVY HILLS PARK WITH THE MAXIMUM AMOUNT OF $180000. Councilor Paper seconded the motion. Further discussion: Mayor Levine referenced the anticipated lifespan of the playground of 15-20 years and asked if, through RFP, the City could get a design that lasts 20-25 years. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that playgrounds are built to last 15-20 years and there is not equipment that has a higher life expectancy than others. She stated that the discussed asset management software would provide them with more data on the maintenance expenses, but 15-20 years is the industry standard across the nation. Mayor Levine believed that the Council should consider the asset management software in order to better review the infrastructure maintenance costs and potentially extend the lifespan of equipment. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she is unsure that the software would make the equipment last longer but it would provide them with data that could assist in prioritizing equipment and determining how long the equipment is kept in the park system before replacement. Mayor Levine agreed that the program itself could not do that, but proper maintenance combined with that program could assist in targeting maintenance needs. She stated that Ivy Hills is the neighborhood park for the townhomes and Sylvandale/lvy Falls. She stated that Ivy Hills is a gem in the city and the playground structure is somewhat smaller, but the green space is gorgeous. She stated that she would support the container expansion, but the beauty of the park is the greenspace, mature trees, and large open space. She stated that there is a very large group of residents that utilize that park. She noted that there is a fully accessible park at Somerset Elementary which is a ten-minute walk from Ivy Hills. She stated that it looks like the RFP includes a lot of swings, two of which are the platform and arch swing. She asked that two belt swings be provided to allow for socialization. She stated that the platform swing makes sense and while the arch swing is a cool feature, the park has trees that can be used for hammocks and therefore questioned whether that feature is needed at this park. She stated that perhaps that is listed as an alternate option. She stated that in community engagement they do provide options but believed that with Rogers Lake they asked residents for input on features before they went out for bid. She stated that there are a ton of teenagers in this area and there is nothing in the parks system for teens. She stated that pull-up and push-up bars are items desired for teens. She asked if it would be assumed that the monkey Jottnary 2!, 2025, Mendota Heights City Coancil Page /4 of 22 bars would be replaced with monkey bars. She referenced the desired features and stated that the direction does not seem very physical, and she would prefer to see more options to ensure all kids feel included. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that she did not see any issue with having two belt swings and provided more background information on the discussion of the subcommittee related to the must -have features. She stated that the student representative was part of the process, and the arch swing was the item she requested as a teen. She stated that list of must -have features is included in the RFP, noting that other features that vendors could provide are also included which provides the opportunity for creativity. She stated that features can be moved to the must -have list, but the more features that are required to have could increase the difficulty in meeting that list and related safety zones. Mayor Levine stated that she would like to see items such as those that test balance, and upper body strength, and an item that spins. Councilor Maczko stated that the RFP does not specify any of the demographics for the park area and perhaps providing that information would be helpful in the proposed designs. Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained that playgrounds are built in two different safety standard features, 2-year-olds - 5-year-olds and 5-year-olds -12 years old features, noting that those are typically located on opposite sides of the playground. She explained that typically 25 percent of the features are for 2-year-olds -5-year-olds while the remaining 75 percent is for 5 years old -12 years old. She stated that while current demographics could be provided, demographics will significantly change during the lifespan of the playground. Mayor Levine stated that this community underserves the children with special needs, which is why ADA accessibility is being included. She noted that teens are also underserved and while she appreciated the input of one teen, she was unsure that represents the desire of all teens. She stated that perhaps the space for the arch swing could be better used for other things that would serve teens. She asked where the platform swing would be located. Parks and Recreation/Assistant Public Works Director Meredith Lawrence anticipated that the platform swing would be nearest the entrance to prevent someone in a wheelchair from having to trek across the playground for access. She explained that she does not like to get into too much detail with the RFP as that takes away from the ability of the vendor to use their knowledge and expertise to design the best product. Mayor Levine commented that the platform swing is separate, as was the arch swing, so that would mean three different areas for swings within a small park. She stated that she is also concerned with the $205000 as that was not budgeted but recognized that the playground was budgeted two years ago and prices have increased, so she can support the $180,000. She stated that perhaps the RFP is set at $160,000 with the arch swing as a bid alternate. She also requested that other items be added that they would like to see to include upper body strength, balance, and rotation items. January 21, ?01$ Mendota Hergh�s Crty Council page 15 oJ22 Councilor Lorberbaum agreed with the comments of Mayor Levine and acknowledged that they want to get this done this year but also want to get this right. She asked if changes could be made to the RPP in the next two weeks and whether that would delay the project. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that staff can make those changes, and it would delay the project but noted that she would want clarification on the attainable information that is requested of staff. Mayor Levine asked if the currently accessible swing would be retained. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she is unsure if the feature would remain at this park, but the equipment would be retained and could be moved to another park which would expand accessibility at another park. She stated that reuse of that item is not required in the RFP. Councilor Lorberbaum stated that she would like to modify the motion with the hope that staff could bring this back in two weeks. She stated that she would love for the budget to be $180,000 but is concerned with that number and therefore would like to move forward at $160,000 with some amenities listed at alternates that could bring the total to $180,000. She noted that the requested items by Mayor Levine could also be listed relating to upper body, balance, and rotation. Councilor Mazzitello stated if the direction is for staff to bring this back, there would not be a motion, and the action would instead be to table this. Councilor Paper stated that this park serves a significant area as people either use Ivy Hills, Somereset Elementary, Cherokee Park, or Saint Joe's. He stated that this playground services a lot of residents and therefore he does not have a concern with the proposed budget of $180,000 for an accessible park that would service the needs of the neighborhood. He stated that the issue of parks funding is the problem of the Council, not the parks. He stated that this is an opportunity to fund an item in the community and this project has already been deferred. He commented that it is frustrating to continue to see these projects ripped apart. He stated that he does not want to interfere with the creativity of the people who do this for a living, recognizing that demographics in an area change over time and therefore the park should not be designed just on current demographics. He stated that this seems to be a reasonable request and budget for a park that serves a large population. He stated that they need to allow the opportunity for professionals to provide their input and was unsure the Council is in the position to be dictating all these details. Councilor Lorberbaum stated that she would recommend $160,000 with the alternate to go up to $180,000 in order to see both options. Councilor Maczko stated that he does not necessarily disagree with Councilor Paper as there is a large area served by this park but was unsure that the community had the opportunity to weigh in on what they would like to see. He was unsure if he felt comfortable that the community input has been received on the desired features. He stated that the budget for this was $160,000 and perhaps additional work is needed by staff on the front end to ensure that budgets are realistic. He asked if this should go back to the Parks Commission to determine if there should be amendments made to ensure that they meet the needs of the community rather than just replacing something to say that was done. January 11, ?025, Mendoza Heights City Coamcil Poge 16 of 21 Mayor Levine stated that she did not feel this was ready to move forward. She agreed that the Council should not be making the granular decisions on specific equipment, but because of the way this moved forward, they did not receive the input from the Parks Commission. She stated that if she were at the worksession, she may feel very different. She hoped that the Parks Commission members would watch this meeting to see this confusion and asked if the Council would support the Parks Commission to revisit this discussion in a regular meeting so that the Council could then watch and make a more informed decision. She asked that the motion be withdrawn and that this return to the Parks Commission. Councilor Mazzitello asked if the Parks Commission would be meeting between now and February 4t1 Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the Parks and Recreation Commission next meets on February 111. She stated that the topic can go back to the Commission, but she would need clearer direction on what is being asked. She noted that the Commission discussed the RFP for an hour to send this forward. She commented that discussion could be repeated on camera but if there is specific information the Council wants to hear from the Commission, that should be specified. She stated that she would not want the same conversation to be repeated for the sake of it being televised to be back in this same situation with the Council. She noted that the subcommittee met for two hours, the Parks Commission discussed the RFP for one hour, and this was the product that came forward. She stated that the issuance of the RFP does not bind the City into accepting a proposal, noting that the proposals could be rejected if the City did not like them although that would delay the project from happening in 2025. Councilor Mazzitello stated that given that there is not clear direction from the City Council, the work of the subcommittee, and Parks Commission to propose this RFP, that there will be extensive public engagement throughout this process, and concerns about elements within the RFP his motion stands. He proposed to add amendments to the RFP to add Item G to the list of items that must be included to include features that focus on spin, upper body strength, and balance. Councilor Paper agreed to the amendment. Councilor Lorberbaum asked and received confirmation that the budget would remain at $180,000 and other than the amended language Councilor Mazzitello's motion would remain unchanged. Councilor Maczko stated that he would be inclined to vote no. He believed that there is transparency in having information for citizens to view. He believed there to be a time savings in pushing this back to the Parks Commission, which would delay the project by one month rather than potentially rejecting RFPs. He trusted that staff would know the safety areas and could gather data from the State contract to determine what could be accommodated and then determine whether $160,000 or $180,000 would be the right number. He stated that he would also prefer to hear the discussion of the Parks Commission and have that discussion also available to the public. Councilor Lorberbaum commented that she feels that this is rushed and taking more time now could save time in the end. January 11, 1025, Mettdom Heights City Council Page 17 of 12 Mayor Levine agreed that she would also lean towards voting no at this time. She stated that she would like more information on the space that all the swings would take up and whether that would leave sufficient space for the other desired items. She asked if there was discussion on what teens want, recognizing the desire for one child to relax on a swing while others may want equipment to work out with. She stated that since the cut -through was put in, this is the park that older kids can go to without their parents. She stated that perhaps hammocks can be put on trees or additional trees could be planted to accommodate hammocks. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that she does not have software to do playground design and would then need to pick a vendor on the State contract, hire that contractor to do a design, and then use that for pricing. She stated that she also does not know the cost of labor, demolition, and removal costs. She stated that she can let the Commission know they are reopening this item for discussion with the intention to repeat the previous conversation that was had in the conference room on television. She stated that she can provide direction to focus on teens, noting that a large part of the previous discussion was focused on multi -generation and aging population. She stated that it will be difficult to tell the Commission to have the same conversation they had, just on television. She noted that the previous meeting was an open meeting. Councilor Lorberbaum asked for a range of funds that would be needed to do that. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that she is unsure of the cost of that process. She stated that the City has followed this same process that she is proposing for the last two playground replacement projects. Councilor Maczko stated that staff brought up the State contractor and therefore he pictures that the contract would include the price for different park features. City Administrator Cheryl Jacobson stated that she has not reviewed the contract for playground equipment but typically the contract identifies a vendor that can do the entire park and is not a shopping list of individual items. She stated that you would select a vendor that develops a plan and proposal based on State contract pricing. She stated that the State does the vetting and procurement process to select vendors that meet those qualifications, and the contract is not a shopping list of items with prices. She stated that if the City is using the State contract, the State has vetted the pricing and therefore the City would not need to follow the RFP or bidding process. Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained that through the State contract, you provide the vendor with the features you would like, a design is developed, and the vendor provides the cost. She explained that it is not a competitive bidding process. She stated that she could do that, but it could delay the project by a few months. City Administrator Cheryl Jacobson stated that about seven years ago the City did use the State contract, and the Commission provided input on the vendor that they liked. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that was done for Wentworth and the community was not allowed to provide input through that process. She stated that this process was chosen to allow community engagement. January 2/, 202$ Mendota HeigGls City Council Page /8 of 22 Councilor Maczko stated that it would seem that this process could then be followed through the State contract and a project could then be chosen from the vendors on the contract. He stated that he was mistaken in his interpretation of what the State contract specified in terms of the details of item pricing. He stated that if the City wants to competitively bid, that would be fine too, but did not believe that changes the process of what is procured. He stated that he is unclear how the $160,000 was budgeted in the first place and how that increased to $180,000, Councilor Paper called the question. Ayes: 2 (Paper and Mazzitello) Nays: 3 Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that someone will need to make a motion as to what the Council wants. She stated that if the Council wants this reopened by the Parks Commission, she would want clear direction as she would not feel comfortable asking the Commission to repeat their previous discussion simply for it to be on camera. Mayor Levine recognized the intention of Councilor Maczko in his reference to the State contract, in order to better determine the budget needed for the project. She recognized that each piece of equipment would have a required footprint for safety and asked if it would be possible to get the must -haves and some of the additional desired pieces for a certain price. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that while there are catalogs for equipment, they do not typically include pricing. She stated that she can reach out to request the cost of certain elements from a vendor. Mayor Levine commented that she would like to see estimated pricing without hiring a vendor to do the design. She stated that staff could then use the required buffer zones to determine the equipment that could be within the allocated space and whether the budget would be accurate. Councilor Lorberbaum stated that the statement was made that pricing was unknown, but staff have created accurate budgets in the past and asked what is different in this scenario. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she typically uses square footage and noted that prior projects have followed this same process to develop the scope and RFP process. She stated that she does not know how much each item within the RFP costs and in the past, this has remained pretty open-ended to allow the consultants to propose which features they would like to include. She stated that she is not just picking a number out of the sky and that she does speak with other cities to obtain recent costs for projects. She explained that she does not have software that tells her the requirements for each piece of equipment, the cost of installation, the cost of engineered wood fiber, or the cost of demolition and disposal. She stated that this is a price estimate based on staff s professional opinion based on previous projects and other cities. She stated that she can call a vendor and get the cost for a piece of equipment but that does not include the cost for installation and how many pieces can fit within the container. January 21, 2015, Mendo(n Heights City Council page 19 of 22 Councilor Maczko stated that he ran the numbers and asked if $41 per square foot would be an accurate estimate of the cost for a playground. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that Valley View Heights was 3,000 square feet and included a shade structure. She believed that the cost was around $120,000. She stated that the square footage cost will significantly change based on the features selected for the playground. She stated that if this is not the path the Council wants to follow, involving community engagement, she would then propose to go back to the old method using State contract where the Council selects equipment it would like to see, and the vendor then provides the design and cost. She stated that the change to this process was intended to incorporate the input of the public and that has been successful not only in Mendota Heights but in other communities as well. She believed that it is important for the community to be involved in the playground, but if the square footage cost or final cost is the most important factor for the Council, then her recommendation would be to return to the State contract method. Councilor Maczko believed that Parks and Recreation/Assistant Public Works Director Meredith Lawrence is missing the point. He stated that public engagement is important and desired, but he wants more information on how the cost estimate is developed. He stated that if the square footage is the best method to determine the cost, he is okay with that but simply wants information on how the cost was estimated. Mayor Levine stated that she understands the point of staff and the point of Councilor Maczko. She stated that the process can be developed on price or could be developed based on features. She stated that in the past they followed the price path but then developed a hybrid method where features were selected, and the price was then developed. She stated that this method is purely based on the playground RFP, which can cause discomfort for those who have not been involved in this process. She stated that for Marie, a budget was provided to the vendors and the vendors then fill the concept with as much as they can for that budget. She stated that staff has suggested $180,000. She recognized that the original budget was $160,000 but that was developed two years ago and the additional $20,000 can be provided through the special parks fund. She stated that the vendors will fill the container with the desired features and more and no one is there to cheat the City. She stated that sometimes more things will be gained through this process because it is competitive. She commented that this process works and has worked for Marie and Valley View, therefore she wants to stay with this process because it does intensively engage the community. She asked that Councilors Lorberbaum and Maczko support the budget of $180,000 with additional specifications on the elements. She recognized that some larger items are proposed, and the container may not support all the other items. Public Works Director Ryan Ruzek stated that he is on a popular vendor website right now and if they select all the features, staff can try to fit all the items within the container size. He noted that some items may need to become alternates if they cannot all fit and that information could be brought back to the February 41h meeting. He stated that the Park Commission did its job in selecting these features and feel that this park would fit with the needs and wants of the community. He commented that there will be extensive community engagement, and this process has been successful. Mayor Levine commented that she agrees that the process should remain the way it is. Janemry 11, 1025, Mendota Heights City Council Page 20 of 22 Public Works Director Ryan Ruzek noted that the vendor website does show pricing but that is in $5,000 increments so with eight features the price could be off by $40,000. Mayor Levine stated that she would direct staff to complete additional research to ensure the recommended design elements could fit within the container along with the additional elements that she had recommended to address the teen population. She stated that if those items could not all fit, she would want this to go back to the Parks Commission to prioritize the equipment. Public Works Director Ryan Ruzek stated that he will provide direction to his staff to do the estimate as he described. He noted that if additional work is requested beyond that, he would estimate a cost of $2,500 for the assistance of a consultant. Councilor Mazzitello asked and received confirmation that this would return to the Council then at the February 41h meeting and would not go back before the Parks Commission. Councilor Maczko commented that he would prefer this go back to the Parks Commission as that would only then cause a delay of two additional weeks from February 41h as it could still come back to the second Council meeting in February. He referenced the comment that this item was not noticed prior to the Parks Commission discussion. Parks and Recreation/Assistant Public Works Director Meredith Lawrence commented that the item was on the agenda, which was posted and emailed which is why some residents chose to attend the meeting. Public Works Director Ryan Ruzek commented that the Park Commission did email residents, and it was noted that the playground was discussed at the Homeowners Association meeting the night before. Councilor Mazzitello asked if the information shared and clarified changes the opinion of anyone on the Council that this could move forward tonight. He stated that staff and the Parks Commission did their jobs, the estimate is based on past projects noting that this estimate is off by $1 per square foot from Valley View Heights. Mayor Levine commented that her opinion is not changed and would want to ensure the right size container is determined. Mayor Maczko moved to TABLE THIS ITEM TO THE FEBRUARY 4, 2025, MEETING WITH THE ADDITIONAL DIRECTION TO STAFF. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: I (Mazzitello) COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS January 21, 202$ Mendota Heights City Council Page 21 of 22 Councilor Lorberbaum thanked the past Fire Chiefs and wished the best to new Fire Chief Dan Johnson. She recognized Martin Luther King Day which occurred the previous day and shared a quote. Councilor Maczko echoed the congratulations to Fire Chief Dan Johnson and thanked former Fire Chief Dave Dreelan for his service. He expressed appreciation for the commitment that firefighters and police provide, referencing the situation on the West Coast. He stated that earlier tonight there was a workshop where the River to River Greenway project update was presented by the County. He believed that information would have been helpful for residents in a regular meeting rather than in a workshop setting. Councilor Mazzitello echoed the gratitude for the outgoing and incoming Fire Chief. He stated that the community is fortunate to have people who selflessly serve the community with a sense of pride of ownership. He stated that the River -to -River Greenway project will be presented at a regular meeting in a few weeks. He also commemorated Martin Luther King Day and shared a quote. Councilor Paper appreciated the professionalism of staff tonight, recognizing that this has been a long meeting. Mayor Levine echoed the comments of the Council. I�L�11T�1 Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 10:37 p.m. ZZv Step to 9. Levine Mayor A EST: Nan y Bauer City[Clerk January 17, 1025, Mendota Heigh/s City Council Page 11 of 11