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04 01 2025 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April I, 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 Lorberbaurn, Paper, and Mazzitello were also present. Councilor Maczko was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS David Lucente, 2086 Patricia, stated that he has happily lived in his home for the past 40 years and never had an issue that caused him to reach out to the Council or Police. He stated that during the last five years, 2078 Patricia Street has been unbelievable. He stated that he has made many comments, had many meetings, and sent emails with photographs, which he also provided to the City Clerk. He asked why some people have to live by the rules, codes, and ordinances while others do not. He commented on the poor condition of the fence and the problems that need to be addressed and taken care of. He stated that the value of his home and homes in the neighborhood have gone down because of the activity at the neighboring property. Artis Walsh, 2075 Theresa Street, commented that the house has had four families live in it during the time that she has lived in her home, and the current occupant will continue to do whatever she wants. She commented on the conditions of the property and did not believe the animals on the property are being properly taken care of. She stated that the conditions are stressful, and she has asked the homeowner to stop. She commented that the property has been an issue for the past five years. Holly Walsh, 2075 Theresa Street, commented that the Police were at that house two years ago and said that a dumpster would be at the property for the property and garage to be cleaned out. She stated that has not been done, and there was possible hazardous waste on the property and in the garage. She commented that the back bedroom windows are being blocked by garbage bags and expressed concern about what is going on with the property. Mayor Levine commented that they are aware of the property and staff will follow up with the residents following this meeting. CONSENT AGENDA Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent agenda as presented. a.Approval of March 18, 2025, City Council Minutesb.Approve Resolution 2025-18 Changing the Start Time of City Council Meetingsc.Accept the Retirement Notice of Firefighter Jay Taylor from the Mendota Heights Fire Departmentd.Authorize the Signing of Joint Powers Agreement with Dakota County for Absentee BallotServicese.Approve Resolution 2025-16 Accepting a Donation for Trees at Victoria Highlands Parkf.Approve February 2025 Treasurer's Reportg.Approval of Claims ListCouncilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A)RESOLUTION 2025-17 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLICHEARING FOR THE KENSINGTON EAST STREET IMPROVEMENTS Assistant City Engineer Lucas Ritchie explained that the Council was being asked to approve Resolution 2025-17 accepting the Feasibility Report and calling for a public hearing for the Kensington East Street Improvements. He gave a presentation of the feasibility report. Councilor Paper asked for more information on the City watermain. Assistant City Engineer Lucas Ritchie replied that while the City no longer owns or maintains the watermain within the city, when street rehabilitation projects are completed, there are some driveway impacts, at which time they may adjust a curb stop and gate valves, which are City costs. April 1, 2025, Mendota Heights City Council Page2of/0 Public Works Director Ryan Ruzek replied that in the agreement from 2016, with St. Paul Regional Water Services there are certain items that are the responsibility of the City, such as impacts from moving a hydrant, hydrant markers and hydrant painting. Councilor Paper asked if this would be bid too late to entice the Friendly Hills contractor, which could potentially result in better pricing. Assistant City Engineer Lucas Ritchie replied that they have heard there is a sweet spot in July for contractors and stated that the contractor may be able to align the paving schedules and successfully bid on this project. Councilor Paper commented that 3 7 years does not seem like a long lifespan for a road and asked if something could have been done different to extend the lifespan. Assistant City Engineer Lucas Ritchie replied that the lifespan of roads differs. He stated that perhaps something could have been done to extend the roadway, such as a mill and overlay, but at this time, a full­ depth reclamation is the recommended improvement based on the current conditions of the streets. Councilor Mazzitello asked whether these roads were installed by the developer or the City. Assistant City Engineer Lucas Ritchie said he was not sure who installed the roads. Councilor Mazzitello commented that during the time the subdivision was developed, it was common for developers to install the roads as part of the development, and the lifespan varies based on how the roads were constructed. Councilor Mazzit ello moved to approve RESOLUTION 2025-17 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE KENSINGTON EAST STREET IMPROVEMENT PROJECT (PROJECT #202506). Councilor Paper seconded the motion. Ayes: 4 Nays: 0 B)CHANGE ORDER FOR IVY HILLS BASKETBALL COURT AS P ART OF EMERSON AVENUE STREET IMPROVEMENTS PROJECT Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to approve a change order to construct a new concrete pad for a full-size basketball court within Ivy Hills Park as part of the Emerson Avenue street improvements. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence provided additional information on the public engagement process for this project and the input received. She stated that a portable basketball hoop was placed inside the tennis court last summer to ensure that teens could continue to play during this time of construction. She noted that the basketball court was in poor condition prior to the work that was completed, and the decision the Council made related to the stockpile. She commented April 1, 2025, Mendota Heights City Council Page3ofl0 that the Park Commission discussed this matter again at its March meeting, and the main comments received from residents were related to potential noise from increased use, whether the City would have recreational programming at the court, potential increased traffic coming to the park, and lighting. She stated that the City does not plan to have progrannning for the court and does not have plans to add lighting. She stated that neighbors had concerns with balls rolling into yards and suggested trees or bushes be planted to block that, noting that staff is happy to work with the residents to do that. Assistant City Engineer Lucas Ritchie stated that at the Parks and Recreation Commission meeting, it was discussed that the existing court would stay in place. He noted that they were unsure that this project would come to fruition, and therefore, removal/replacement costs would have been incurred. He stated that they also did not have soil borings and were therefore unsure what the soil conditions would have looked like. He stated that it was determined that the better decision would be to leave that material and not disturb the soils, placing the material above. He stated that the grading and compaction occurred in 2024 and settled over the winter in anticipation of the new court in 2025. Councilor Lorberbaum commented that she was confused about whether there would be a full-court space with half of it used for four-square and hopscotch and the other half for basketball or whether there would be a full-court with additional painted areas and users choose which activity they would want. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence stated that staff recommends installation of a full-court basketball court with two hoops, explaining that in the middle, they would install the lines for hopscotch or foursquare. Councilor Lorberbaum stated that she gets the sense that there is not consensus with the neighborhood. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence stated that there were comments from neighbors in favor of a full-court, while there were concerns from other residents about increased opportunities for recreation in the park. She stated that the Parks and Recreation Commission supported the additional painted activities on the court to provide options to residents in addition to basketball to ensure the best use of dollars. Councilor Mazzitello asked what was included in the original contract. Assistant City Engineer Lucas Ritchie replied that there was an agreement with the contractor for them to bring the reclaimed material and grade and compact the site at Ivy Hills Park. He explained that was not within the original contract but was a beneficial arrangement for both the City and the contractor. He noted that the basketball court surface would be an additional cost through the change order. Councilor Mazzitello stated that when a slab is placed over another slab, without breaking up the original slab to allow for drainage, there is a potential for water to hold between the two surfaces. He asked if there are any plans for drainage to ensure there is not a freeze-thaw issue. Assistant City Engineer Lucas Ritchie explained that the new court would not be directly over the existing court, except one small corner. He stated that the grading is directing water to the east as well. He stated that if there are concerns in the future, they could add additional storm sewer or drain tile, which would April 1, 2025, Mendota Heights City Council Page 4 of 10 have a low cost. He noted that the project would have at least a one-year warranty on the work, which would span over the freeze-thaw cycle. Councilor Mazzitello stated that a concern that has been voiced to him by residents is that this is a neighborhood park that would receive a new amenity, which could make it more of a community park. He asked for information on the number of full-court basketball courts in the park system and whether they are only found at community parks rather than neighborhood parks. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence replied that the City currently has three full-court facilities at Marie, Hagstrom King, and Mendakota. She stated that Mendakota Park is a community park while the other two parks are neighborhood parks. She stated that within the 2025 CIP, there was a proposal to increase the basketball court at Wentworth Park to a full-court, but that ultimately did not move forward and will again be proposed in 2026. She commented that there will likely be additional requests to expand the courts at other parks as well. Councilor Mazzitello asked if the Parks System Master Plan identified a shortage of full-court basketball courts in the commun ity. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence replied that was not a specific recommendation, but there was a statement that more opportunities are needed for teens, and teens often choose to utilize the full-court basketball courts. She stated that the consultant did believe that additional full-courts would be a benefit. She stated that in terms of equity, Ivy Hills Park is one of the top three parks identified for the need to provide more equity. She explained that basketball is a low-cost opportunity for recreation, as you do not need a team and only need a ball. Councilor Mazzitello stated that a neighborhood park is meant to serve the residents within one mile, while a community park is meant to serve a larger population. He asked how staff would address the concern that this amenity could cause the park to be seen as a community park rather than a neighborhood park. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence replied that she did not feel that a basketball court expansion from a half-court to a full-court would change the designation of the park based on usage. She stated that this is not the first full-court basketball court in the community or in neighborhood parks. She used the example of pickleball, noting that the first courts installed caused an increase in traffic to that specific park and explained that this would be the fourth park to have a full-court with the potential to add a fifth very soon. She stated that community parks are used for large-scale events and tournaments that generate a significant amount of traffic, and did not see that being the case with the expansion of the court. She believed that neighbors will see increased use at the park because the previous court was unusable during times of the year when it would hold water. Councilor Mazzitello noted a comment that he received expressing concern with park users being able to see into his home and from the noise. He recognized that there is a significant amount of vegetation between the court and that home currently, and asked if additional screening could be added along that park border. April 1, 2025, Mendota Heights City Council Page5 of JO Assistant City Engineer Lucas Ritchie stated that there is nothing specifically included with the project at this time for screening, but they could choose to add that, whether it be done with trees or bushes. She commented that shifting to the right pulls things away from the creek, which provides the opportunity for additional screening on both sides if that were desired. He noted a memorial tree that will be protected as shown on the plans. Councilor Paper referenced paving that was done for the project to provide protection from plowing in the winter and asked how that would be addressed in the final wear course. Public Works Director Ryan Ruzek replied that would be milled down to the base layer prior to the fmal wear course being added. Councilor Paper asked why they would not just install drain tile now before they put the slab over it to prevent a potential future water issue rather than addressing it later. Assistant City Engineer Lucas Ritchie agreed that now would be an opportune time to install drain tile, but noted that was not included in the proposed change order total. He stated that it could be added for an additional cost. He stated that he did not know that the drain tile would be required, but it would provide redundancy. Councilor Paper explained that his concern would be that the project survives the first few years past the warranty, and then the problems begin to show. He believed that spending the additional money now would help to ensure they would not have that problem in the future. Assistant City Engineer Lucas Ritchie acknowledged that every improvement requires ongomg maintenance. He agreed that in order to ensure a longer lifespan, the drain tile could be added. Councilor Paper commented that it would seem reasonable to install the drain tile now to ensure a quality project. Councilor Lorberbaum asked about the potential cost for drain tile and where the funding would come from. Public Works Director Ryan Ruzek estimated about $2,000 to $2,500 for drain tile, and the stormwater utility fund could provide that funding. He stated that staff could get pricing from the contractor, and the improvement could be added to the project. Councilor Paper asked for information on the proposed orientation of the court. Assistant City Engineer Lucas Ritchie explained that the amount of stockpile was reduced from what was originally anticipated to address subsurface corrections in the road project as well. He stated that this alignment makes the best use of the land and provides the best path for drainage to get from the court to the storm sewer. Councilor Paper asked if the proposed slab breaks east and west or whether the drainage would all flow east. April 1, 2025, Mendota Heights City Council Page6of JO Public Works Director Ryan Ruzek replied that it is proposed for all the drainage to flow to the east from the court. Councilor Paper commented that he visited the site today and there is water pooled in the park. He commented that the surface area for the court is high and asked why the fill was not better spread out to address the drainage issues. Assistant City Engineer Lucas Ritchie explained that they wanted to stay within the confines of the depressed area and original pad area. He stated that they did not want to disturb more area than necessary. He stated that if they moved the fill further south, that would not necessarily assist in the low area and could have disturbed additional soils at the park. Councilor Paper asked if it would be possible to add drain tile in the area, which he noticed was low as well. Assistant City Engineer Lucas Ritchie commented that would be possible, but he would want to review the grades. He noted some opportunities that could be reviewed but stated that he would not want to commit to that until he could see the existing conditions. Councilor Paper commented that he would like to take the opportunity to dry the area and make it more usable. He believed that the contractor was going to be paying for part of the court because of the savings they would realize through this agreement. Assistant City Engineer Lucas Ritchie stated that they never intended for the contractor to replace the court. He stated that the tradeoff was that the contractor was not required to haul the material offsite, and in return, the City received that material for free. He stated that while there may have been savings on the side of the contractor, the City received that equal benefit in return for the material remaining onsite. Councilor Paper asked which end of the court would have the hoop if this is a full slab with one hoop. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence replied that if the design were kept the same, they could do a larger-scale half-court north/south with the hoop closest to the parking lot, or they could do a hoop on the east side, using the west side for other activities. She stated that if two hoops were installed, and if there were issues, they could always go back and remove a hoop. Councilor Lorberbaum moved to approve CHANGE ORDER FOR IVY HILLS PARK BASKETBALL COURT AS PART OF THE EMERSON AVENUE STREET IMPROVEMENTS PROJECT, WITH DIRECTION FOR THE COURT TO BE A FULL-COURT WITH OTHER ACTMTIES PAINTED IN THE CENTER AND INCLUDE DRAIN TILE AT A COST NOT TO EXCEED $5,000. Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello asked if staff would review the space between the court and townhome for the opportunity to add additional vegetative screening. Assistant City Engineer Lucas Ritchie replied that staff would look into that. April 1, 2025, Mendota Heights City Council Page 7ofl0 Councilor Paper asked if the hoops are adjustable. Mayor Levine replied that they are not. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence replied that while the City had installed adjustable hoops in the past, staff has removed the adjustable mechanism as the hoops continued to be damaged and broken. She stated that staff recommend non-adjustable hoops to deter damage. Councilor Paper asked if the rain garden would be installed with the project. Assistant City Engineer Lucas Ritchie explained that would be a future project that would be separate, and additional vegetative screening could be considered at that time as well. He commented that while that area is currently designed as a swale, there would be additional excavation needed for a rain garden. He stated that the storm sewer was designed low enough to allow the future construction of a rain garden. Councilor Paper asked the estimated cost for a rain garden. Assistant City Engineer Lucas Ritchie estimated about $100 per square yard. He estimated perhaps $4,000 for the rain garden. Councilor Paper stated that if they are doing the improvements in this location, why not just do it all at once. He stated that they should find the money, do the project right the first time, and then move on. Councilor Mazzitello was unsure if a pavement contractor should be the party installing the rain garden. He stated that perhaps the work could be done in conjunction with the construction of the court, whether that is done through volunteer staff or a separate contract. Councilor Paper stated that the site should be prepped for the rain garden to occur in this calendar year as well. Mayor Levine stated that she has a concern with the drain tile, as it was not recommended by staff, although supported by the Council. She stated that she would prefer not to spend money that is not warranted. Councilor Mazzitello stated that if the drain tile is not feasible, he could agree with it not being there, but wants the engineer to look and see whether it would be feasible. Mayor Levine asked for clarification on the motion and whether the direction is for a review or to include the drain tile. Councilor Lorberbaum stated that the motion was to include the drain tile with the understanding that if staff believes that it would not make sense, it would not be installed. Councilor Mazzitello stated that he would support that. April 1, 2025, Mendota Heights City Council Page 8of /O Mayor Levine commented that she does not want to spend $5,000 that would not be needed. She explained that this is not slab-on-slab and she would prefer to allow staff and the contractor to look at the situation and determine the best course forward. She stated that if drain tile would be a good addition, the Council would be okay with the additional expenditure, but did not want staff to feel pressured that it needs to be added. Councilor Mazzitello suggested using the language "to install drain tile if deemed feasible and necessary, not to exceed $5,000". He explained that would give the authorization without having to come back for a second change order. Parks and Recreation/ Assistant Public Works Director Meredit h Lawrence commented that the City Administrator does have the purchase authority to approve expenditures up to $10,000. She stated that if staff felt that it would be a necessary addition to the project, the City Administrator could approve that expenditure. Mayor Levine thanked the Parks and Recreation Commission for their great review and recommendation. She also thanked staff for their work and the community who provided input throughout this process. She recognized the comments received and noted that the City will not be adding programming to the court, and this will remain as a neighborhood park. She stated that the people who come to this park come from the pedway, and she did not anticipate a huge amount of traffic. She stated that this will be a great addition for the children and families in this area. She hoped that people in the community would visit the park. Councilor Lorberbaum asked if the motion should be clarified to state that they would not install lighting. Mayor Levine commented that has been made clear through the discussion tonight. Councilor Paper asked the threshold that will be used to determine if the full-court is a problem for nearby residents. Parks and Recreation/ Assistant Public Works Director Meredith Lawrence connnented that if there are issues with noise, parking, balls running into yards, etc., she would ask that residents call her. She stated that there have been issues with noise at other parks (not just from basketball), and they worked with users to ensure the area remains enjoyable for those who live there. She stated that if the situation were deemed necessary, they would bring that to the Council. Mayor Levine commented that she lives near Marie Park and the expansion of the basketball court did bring additional activity, but she enjoys the activity. She stated that if there are issues, she simply walks up to the children and asks them to change their behavior. She noted that she also comments when she enjoys the behavior of the children playing. She encouraged residents to speak with children if there are issues, but if they feel uncomfortable doing so, they could reach out to staff. Councilor Mazzitello thanked staff for acknowledging the flexibility and the desire to have continued input from residents prior to, and following, improvements. Ayes: 4 Nays: 0 April 1, 2025, Mendota Heights City Council Page9of JO COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello stated that 15 years ago today, he hung up his military uniform for good and retired from the National Guard. He recognized the recent Vietnam Veterans Day and offered a heartfelt thank you and welcome home to those who served. He encouraged middle-aged people to have a colonoscopy as it may save their lives. Councilor Lorberbaum stated that Ramadan has concluded and wished those celebrating Passover a happy and meaningful holiday. She commented that April is National Pickleball Month. Councilor Paper thanked the residents for attending tonight and expressing their concerns, noting that no neighborhood should have what they have to look at and experience. He stated that there are rules for everyone and not just some, noting that it is a tight-knit neighborhood, and it should be fixed. Mayor Levine stated that while there is a lot to be concerned about in life, there should also be time for fun and to be foolish, wishing everyone a happy April Fool's Day. ADJOURN Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:35 p.m. Mayor April 1, 2025, Mendota Heights City Council PageJ0ofJ0