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05 20 2025 CC Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL REGULAR MEETING AGENDA May 20, 2025 at 7:00 PM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Approval of the Agenda The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5.Public Comments - for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6.Consent Agenda Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from the consent agenda will be taken up as the next order of business. a.Approve Minutes from the May 6, 2025, City Council Meeting b.Acknowledge Minutes from the March 11, 2025, Parks and Recreation Commission Meeting c.Approve Liquor License Renewals d.Approve Massage Therapist License Renewals and a Massage Business License Renewal e.Approve Out of State Travel Authorization--National Recreation and Park Association f.Authorize Internal Posting for Public Works Maintenance Lead Position and the Resulting Department Vacancy Page 1 of 143 g.Authorize the Signing of a Cost Share Agreement with Dakota County for New Election Hardware, Software, and Related Services h.Approve Amendment to the Professional Services Contract for the Friendly Hills Neighborhood Improvements i.Approve Resolution 2025-27 Recognizing National Public Works Week j.Approve March and April 2025 Treasurer's Report k.Approve Claims List 7.Presentations a.Name the Snowplow Truck Survey Results 8.Public Hearings 9.New and Unfinished Business a.Ivy Hills Park Playground Recommendation b.Resolution 2025-29 to Establish June as Gun Violence Awareness Month c.Resolution 2025-28 Calling for a Public Hearing on an Easement Vacation for Lot 6 and 7, Block 1 of the Mendota Heights Industrial Park 10.Community / City Administrator Announcements 11.City Council Comments 12.Adjourn Next Meeting June 3, 2025 at 6:00PM Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov. Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at TownSquare.TV/Webstreaming Page 2 of 143 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, May 6, 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, Maczko, Mazzitello, and Paper, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Lorberbaum moved adoption of the agenda. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS City Administrator Cheryl Jacobson commented on an art project that was completed earlier in the day, noting that turtles were painted, along with slow-down cautionary words, in areas where turtles are often crossing the roads. Liz Petschel, 645 Quail Ridge Circle, commented that she came across the paintings today and found them very meaningful. She commented that the residents in the Copperfield area protect the turtles and assist them in a safe crossing to the pond. She believed that the City should publicize these efforts and share them with others, as this is a low-cost, creative solution. She recognized and thanked the Police and Fire Departments for their efforts Sunday night related to an issue with a power pole at Dodge Nature Center. Tom Bonnett, 2145 Aztec Lane, spoke about his desire to protect the turtles, noting that they are often crossing the roads to lay their eggs. He stated that the number of injured and dead turtles seems to increase each year and appreciated the pilot program of the City, intending to make drivers more attentive to the turtles. He recognized that Police Chief Kelly McCarthy is funding the project, noting that his family is 6.a Page 3 of 143 May 6, 2025, Mendota Heights City Council Page 2 of 10 donating to the cause, and encouraged others to donate as well. He asked that drivers be cautious and on alert for turtles crossing the roads. CONSENT AGENDA Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent agenda as presented, pulling items C, J, K, and L. a. Approval of April 15, 2025, City Council Minutes b. Approval of April 15, 2025, Council Work Session Minutes c. Approve Resolution 2025-21 Accepting a Donation to the Mendota Heights Music in the Park Series d. Approve Resolution No. 2025-25 Approving an Administrative MRCCA Minor Development Permit to 1125 Orchard Circle (Planning Case No. 2025-05) e. Approve Out of Metro Travel Request – Fire Marshal f. Approve Contract to Install LED Streetlight Fixtures g. Approve Massage Therapist License Renewals and a Massage Business License Renewal h. Approve Liquor License Renewals i. Approve a Change Order to the Fire Station Roof Replacement Project j. Approve an Amendment to the Lease Agreement with Verizon Wireless for Small Cell k. Accept the Retirement Notice of Public Works Maintenance Lead Tim Oster l. Accept the Resignation of Mendota Heights Firefighter Gretchen Conner m. Acknowledge the January 2025 Fire Synopsis n. Approval of Claims List Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) APPROVE RESOLUTION 2025-21 ACCEPTING A DONATION TO THE MENDOTA HEIGHTS MUSIC IN THE PARK SERIES Mayor Levine thanked the Mendota Heights Community Foundation for its donation of $1,600 to the City summer concerts. Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-21 ACCEPTING A DONATION TO THE MENDOTA HEIGHTS MUSIC IN THE PARK SERIES. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 Page 4 of 143 May 6, 2025, Mendota Heights City Council Page 3 of 10 J) APPROVE AN AMENDMENT TO THE LEASE AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL Councilor Maczko commented that he appreciates Verizon improving its cell service in this area and asked if that has also been considered for the northern portion of the community. Public Works Director Ryan Ruzek replied that there are three small cell facilities in the industrial park, and this will improve one of those towers. He commented that staff have been in contact with a cellular provider to expand coverage where there is currently a gap in the community. Councilor Maczko appreciated that effort and hoped that the City could help to encourage those efforts. Councilor Lorberbaum hoped that the effort would be duplicated by other carriers as well. Mayor Levine stated that there were changes to the City Code to make it easier for cellular providers to come into the community. Councilor Mazzitello moved to approve AN AMENDMENT TO THE LEASE AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL. Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 K) Accept the Retirement Notice of Public Works Maintenance Lead Tim Oster Councilor Maczko recognized the work that is done by staff to improve the lives of residents in the community. He stated that he has known Tim Oster for a long time, and he is an exceptional Public Works employee. He also recognized him for his 16 years of service to the Fire Department. He wished him luck in his retirement. Councilor Maczko moved to accept the RETIREMENT NOTICE OF PUBLIC WORKS MAINTENANCE LEAD TIM OSTER. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Mazzitello stated that he worked with Tim Oster for eight years in the Public Works Department and echoed the comments about his skilled and dedicated service. He recognized that this is the latest in a list of retirements of long-term employees. He recognized that the City is a great place to work, which is why employees stay for that length of time. Mayor Levine echoed the comments and thanked Mr. Oster for his service. Ayes: 5 Nays: 0 Page 5 of 143 May 6, 2025, Mendota Heights City Council Page 4 of 10 L) ACCEPT THE RESIGNATION OF MENDOTA HEIGHTS FIREFIGHTER GRETCHEN CONNER Councilor Maczko commented that while he hoped that Firefighter Conner would have stayed with the department longer, he is encouraged by the applications the department has received and thanked Ms. Conner for her service. Councilor Maczko moved to accept the RESIGNATION OF MENDOTA HEIGHTS FIREFIGHTER GRETCHEN CONNER. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine echoed the comments of thanks to Ms. Conner and all the Mendota Heights Firefighters for their service to the community. Ayes: 5 Nays: 0 PRESENTATIONS A) 2024 DAKOTA COUNTY HOUSING NEEDS ASSESSMENT Community Development Manager Sarah Madden introduced the guest. Tony Schertler, Executive Director of Dakota County CDA, commented that every five years, the County completes a housing needs analysis county-wide and stated that this year it was broken down per community as well. He introduced the consultant who was present to review the information specific to Mendota Heights. Patrick Bowen, Bowen National Research, presented an overview of the 2024 Dakota County Housing Needs Assessment and discussed the City of Mendota Heights addendum to the report. Councilor Maczko asked if a city can ever be 100 percent occupied. He stated that the housing stock is low because people want to live in the community. He recognized that more people want to live in the community, but they could also destroy the magic of the community by overdeveloping. Mr. Bowen replied that the city does not have a lot of housing available for people to rent or buy. He stated that there are times when the circumstances of residents change and they want to stay in the community, but there are no available housing opportunities. He stated that housing can also impact local businesses in their ability to attract and retain workers. Councilor Lorberbaum thanked Mr. Bowen for the information and commented that she enjoyed reading the report, which provided data and informative charts. She believed that they needed to further understand the impact and how they could take action. She recognized that the data shows a need for affordable housing, but noted that the challenge is that they lack the available space to build it. Mr. Bowen stated that there was a similar comment from Inver Grove Heights, and their takeaway was that they would use this data to begin discussions on priorities and who they want to be as a community. Page 6 of 143 May 6, 2025, Mendota Heights City Council Page 5 of 10 He stated that the study did not include available land or redevelopment opportunities. He noted that senior housing, such as condos, allows seniors to downsize and remain in the community, which also frees up additional housing stock for others to move into the community. He stated that there are great resources out there to help a city encourage and pursue the type of development it would like to attract. Councilor Maczko recognized the trend that more people want to work remotely and asked if there have been trends in that since COVID. Mr. Bowen commented that the overall study does include the number of people who work from home, although that was not in this specific chapter. He agreed that the number has increased, noting that 25 percent of his own employees work remotely. Mayor Levine commented that 22.7 percent of Mendota Heights residents work from home. Mr. Bowen commented that it is a high percentage for a community. Councilor Paper referenced the number of 12,000 people commuting into the City to work and asked for more clarification. Mr. Bowen commented that those are people commuting into the community to work in the city, but do not live in the community. Councilor Paper asked for more information on the low-income tax credit unit. Mr. Bowen stated it was a Federal program managed by the State and provided information on the financial information for the affordable or attainable housing program using the low-income tax credit. Councilor Paper referenced the statement that one in five renters are paying 50 percent or more of their income on rent and asked how that person would qualify for an apartment. Mr. Bowen replied that it would be a decision of the management for the apartment and noted that sometimes that is dipping into the lower-level rentals. Councilor Paper commented that the population dropped during COVID while the housing stock increased and asked for more information. Mr. Bowen stated that it is not unusual to have a decline in population but an increase in households, as some younger people are not having children. He noted that other households have children who move from their parents’ home to an apartment, and therefore, the household number increases, but the population does not. Councilor Mazzitello stated that there are housing shortages across the board at every level and recognized the demand for senior housing. He commented that the current generation of seniors is twice as large as the next generation and asked what will happen to the senior housing when the gap appears. Mr. Bowen agreed that the population will decline at some point because there will be more deaths than births. He was unsure what the impact would be on senior housing at that time. Page 7 of 143 May 6, 2025, Mendota Heights City Council Page 6 of 10 Mayor Levine stated that Mendota Heights is unique, recognizing the large portion of the population that is over 75. She stated that group of people may also be lower-income residents in the data but noted that she would not typically consider that group to be house stressed. Mr. Bowen stated that they used 65 and older for the senior population but noted that he did not distinguish the seniors in the lower-income data. He agreed that seniors can fall into that lower income range and can endure a higher cost burden as they are no longer raising children and have fewer expenses. Mayor Levine commented that they have talked a lot about household projections. She stated that Mendota Heights is part of a larger Dakota County community. She stated that residents move around throughout the county during their lifetime. She stated that they can look outside of the city to solve some of the issues, noting that West Saint Paul attracts young people with its apartments, and Lilydale has attracted some seniors with its new senior development. Mr. Bowen agreed that the cities are interdependent in that way. He also recognized that each community may have its limitations as to what it can accommodate. Councilor Maczko recognized the size difference of different communities and therefore agreed that looking at it region-wide makes sense because each community can offer something different. Mr. Schertler agreed with the comments about the region, noting redevelopment opportunities within Dakota County, which will provide senior and workforce housing. He commented that there is room within the county to grow, but they would not expect that to occur in Mendota Heights, which is a built- out community. He also recognized that many of the seniors within senior housing in Mendota Heights only have Social Security as their income. He explained how the County will activate the data from the study to add housing in other areas. He stated that when the senior housing bubble pops, they could remove the age restriction, and it could become open to all ages for rental. He commented that the housing options that will be developed may not be in Mendota Heights, but would be close in proximity. Councilor Maczko agreed that a greater approach does show the need within the region that would attract a developer. Mayor Levine recognized the great work that CDA does and was thankful for the partnership they continue to have. PUBLIC HEARING A) RESOLUTION 2025-26 ORDERING OF IMPROVEMENTS FOR THE KENSINGTON EAST STREET IMPROVEMENTS Assistant City Engineer Lucas Ritchie explained that the Council was being asked to approve Resolution 2025-26 ordering of improvements for the Kensington East Street Improvements. Councilor Maczko asked if ten years is the typical assessment period. Page 8 of 143 May 6, 2025, Mendota Heights City Council Page 7 of 10 Finance Director Kristen Schabacker replied that a full reconstruction of the road would have a term of 20 years, while the rehab projects would have a term of ten years. Councilor Mazzitello commended staff, noting that the last several road projects and presentations have been very thorough and well thought out. Councilor Maczko stated that perhaps when the trail is added to the north side of Mendota Heights Road, they could go into the roadway a bit rather than the right-of-way to narrow the road and help to slow traffic speeds. Public Works Director Ryan Ruzek stated that parking along Mendota Heights Road is very valuable for the park, and therefore, they would not want to go into the road. Councilor Maczko agreed that parking is valuable near the park. He noted that his comment was simply a consideration for the future. Councilor Mazzitello moved to open the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Paper moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Councilor Maczko asked if there were any written comments received related to this project. Assistant City Engineer Lucas Ritchie replied that he has not received any comments. Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-26 ORDERING OF IMPROVEMENTS FOR THE KENSINGTON EAST STREET IMPROVEMENTS (PROJECT #202506). Councilor Paper seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2025-24 APPROVING THE FINAL PLAT OF CAMPION ESTATES (PLANNING CASE 2025-01) Community Development Manager Sarah Madden explained that the Council was being asked to approve Resolution 2025-24 approving the Final Plat of Campion Estates and for the property located at 772 and 790 Ridge Place (Planning Case No. 2025-01). Councilor Maczko asked for clarification on the land to be dedicated and whether that aligns with the needs for the future trail crossing. Page 9 of 143 May 6, 2025, Mendota Heights City Council Page 8 of 10 Community Development Manager Sarah Madden provided additional information on the calculation that was completed for the land dedication. She noted that if the County does need more land, it would need to follow its typical land acquisition process, as this amount of land does equate to the ten percent dedication the City can request. Councilor Maczko commented that he wanted to ensure that the needs and desires are clearly communicated, as there is a priority for the pedestrian crossing. He did not want there to be any surprises later for the property owner. Councilor Mazzitello identified and received confirmation on the public right-of-way that now runs along Dodd. Public Works Director Ryan Ruzek commented that the County would need to acquire additional right- of-way for a tunnel if the northern alignment is chosen. He stated that this plat will provide the ability to provide a connection from Ridge Place to Dodd Road, which was a priority for the neighborhood. Councilor Mazzitello stated that Mr. Campion is the applicant, but there are actually two property owners, and the second property owner is a part of this plat. Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-24 APPROVING A FINAL PLAT OF CAMPION ESTATES AT 772 AND 790 RIDGE PLACE (PLANNING CASE NO. 2025-01). Councilor Paper seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2025-22 SANITARY SEWER RATE ADJUSTMENT Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider Resolution 2025-22, providing a new sanitary sewer utility billing rate for 2025. Councilor Mazzitello commented that the increase was identified in the rate study completed a few years ago. Public Works Director Ryan Ruzek confirmed that they changed the utility billing structure two or three years ago to provide more fair and equitable rates for users. Councilor Mazzitello stated that the 31 percent increase is from the Metropolitan Council Environmental Services is the largest he has seen and asked if there is a large project anticipated above the increase in precipitation and infiltration that drove the increase. Public Works Director Ryan Ruzek stated that the City is trying to be more proactive and provided more information. Councilor Maczko commented that the 31 percent is the increased flow rate and not the cost increase. Page 10 of 143 May 6, 2025, Mendota Heights City Council Page 9 of 10 Public Works Director Ryan Ruzek confirmed that there was a 31 percent increase in the flow rate and a 30.9 percent increase in the rate. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2025-22 AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN 2025. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2025-23 STORM SEWER UTILITY RATE ADJUSTMENT Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider Resolution 2025-23, providing a new storm sewer utility billing rate for 2025. Councilor Lorberbaum asked what the definition was for institution. Public Works Director Ryan Ruzek replied that it would be the schools and public properties. Councilor Maczko asked if there is additional credit for pervious property. Public Works Director Ryan Ruzek replied that at this time, the City does not have a credit for BMPs, noting that the City is the one installing the curb cut rain gardens, and the ponds are typically regional ponds. Councilor Maczko stated that perhaps the incentive program is something that could be considered in the future, as that could help not only the benefiting properties but other properties as well. Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-23 AUTHORIZING STORM WATER UTILITY RATES BEGINNING IN 2025. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello recognized recent events, including National Firefighter Appreciation Day, Cinco de Mayo, and the 80th anniversary of the end of the Second World War. He commented that May is the month when military families are recognized. Councilor Lorberbaum thanked Dakota County CDA for the presentation and information provided through the study. She also echoed the celebration of Cinco de Mayo. Page 11 of 143 May 6, 2025, Mendota Heights City Council Page 10 of 10 Councilor Maczko stated that as they go forward into warmer temperatures, there is also a risk of severe weather and encouraged residents to be prepared. He asked drivers to slow down and be aware, as more pedestrians and animals are crossing the road. He commented that MnDOT recently increased the speed limit on Highway 62 and would like MnDOT to make a presentation on its vision for Highway 62. He stated that the speed limit should be reduced to 50, as it separates the community, and increasing the speed only increases that divide. He noted that the increased truck traffic also increases noise for residents. Councilor Paper thanked Tim Oster for his 30 years of service to the community. He also wished a happy birthday to Levi Paper. Mayor Levine commented that she had a great time at pickleball with public safety the previous week. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 9:14 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 12 of 143 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING MINUTES MARCH 11, 2025 The March meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, March 11, 2025, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Parks and Recreation/Assistant Public Works Director Meredith Lawrence called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Jaffrey Blanks, Commissioners: Michelle Muller, Jo Schifsky, Daniel Van Lith, and Michael Toth; absent: Commissioner Jennifer Weichert, and Dan Sherer. Student Representative present: Evengeline Fuentes. Staff present: Parks and Recreation/Assistant Public Works Director Meredith Lawrence, Recreation Program Coordinator Willow Eisfeldt, Recreation Facilities Coordinator Trey Carlson, Public Works Director Ryan Ruzek, and Assistant City Engineer Lucas Ritchie. 2.a Election of Chairperson and Vice-Chairperson Parks and Recreation/Assistant Public Works Director Meredith Lawrence opened the floor for nominations for the position of Chair. Motion Muller/second Schifsky to elect Jaffrey Blanks as Chairperson of the Parks and Recreation Commission.AYES 5: NAYS 0 Chair Blanks opened the floor for nominations for the position of Vice-Chairperson. Motion Blanks/second Muller to elect Jo Schifsky as Vice-Chairperson of the Parks and Recreation Commission.AYES 5: NAYS 0 3. Pledge of Allegiance The Pledge of Allegiance was recited. 2.b Introduction of New Commissioner Chair Blanks welcomed Commissioner Van Lith. 2.c Introduction of Recreation Facilities Coordinator Parks and Recreation/Assistant Public Works Director Meredith Lawrence introduced Recreation Facilities Coordinator Trey Carlson. 4. Approval of Agenda Motion Muller/second Schifsky to approve the agenda. AYES 5: NAYS 0 5.a Approval of Minutes from December 10, 2024, Regular Meeting Motion Schifsky/second Muller to approve the minutes of the December 10, 2024, Parks and Recreation Commission Regular Meeting.AYES 5: NAYS 0 5.b Approval of Minutes from January 14, 2025, Regular Meeting Motion Schifsky/second Muller to approve the minutes of the January 14, 2025, Parks and Recreation Commission Work Session.AYES 5: NAYS 0 Page 13 of 143 6.b 6. Citizen Comment Period (for items not on the agenda) None. 7. Acknowledgement of Reports Chair Blanks read the titles of the five updates (Par 3, Park Improvement, Recreation, Park System Master Plan, and Parks and Recreation Strategic Plan Updates) and polled the Commissioners for questions. 7.a Par 3 Update Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that they are actively preparing to open the course when the weather allows. She provided an update on the status of capital improvement projects for the course. She noted that the final reports for 2024 were provided to the Commissioners tonight. She stated that 2024 saw a record number of rounds and the course fully sustained itself in 2024. Commissioner Schifsky asked the type of user that is renting the facility in regard to “rental fees?” Ms. Lawrence clarified that is the expenditure to rent the golf carts and portable bathrooms. Commissioner Toth referenced the decision for the City to purchase the property and the questions residents had about whether the course would be profitable. He commented that the golf course is doing well for the City and its residents and looked forward to the future. Ms. Lawrence noted that when she joined the City in 2017 the course had 7,000 rounds of golf that year, which has tripled. She appreciated the support from the community in sticking with it to allow the course to get to the point where it can support itself. 7.b Recreation Update Recreation Program Coordinator Eisfeldt provided an overview of the warming house season and winter skating season. She thanked the warming house staff and rink flooders for making the season a success. She highlighted upcoming events, activities, and programming opportunities. Commissioner Schifsky thanked staff for the incorporation of the sensory hour, which makes the Touch a Truck event more accessible to the whole community. Ms. Lawrence noted the high increase in participation from the previous year for the event and commended Recreation Program Coordinator Eisfeldt for her efforts in programming and events. Commissioner Muller commented that Winter Fest was very well attended and well done. Chair Blanks echoed the comments about the sensory hour noting that it pulled people from outside of the community as well, noting that some people drove 45 minutes to participate in that event. 7.c Park Improvement Project Update Parks and Recreation/Assistant Public Works Director Meredith Lawrence noted the items that were approved in the budget for 2025. She provided an update on the playground Request for Proposals (RFP) process with the City Council, noting that the RFPs are due back to the City Page 14 of 143 this Friday and reviewed the timeline. She provided an update on the other planned park projects and their anticipated timelines. Commissioner Muller asked how Valley Park was chosen for ballfield improvements. Ms. Lawrence commented that the Two Rivers Athletic Association (TRAA) was solicited for input and that was their desire. Commissioner Schifsky asked if there is any concern with the other construction project happening in that area. Ms. Lawrence replied that access to the parking lot for a day or two is needed for the ballfield and therefore there is no concern with the other work. 7.d Park System Master Plan Update Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that the 95 percent plan is due tomorrow. She stated that internal staff will then review that plan, which will then be released for a two-week period to allow review by the Commission and Council. She stated that a two-week period will then open for the public to view the document, and a presentation will follow at a City Council meeting. She stated that the budget does not allow for two presentations from the consultant and therefore the Commission is invited to attend the Council meeting where it is presented. She noted that once the plan is adopted, they will hold a workshop to discuss implementation of the plan. Student Representative Fuentes asked how public comment will be gathered on the plan. Ms. Larwrence replied that the plan will be available on the website for people to download and view. She noted that they will also publicize the plan on other City platforms and social media. She welcomed any additional ideas. Commissioner Muller asked for more details on the public comment. Ms. Lawrence commented that they will open the public comment period and if the comments significantly differ from the public comment that has already been received, then staff would need to address that. She stated that the public comment will be used to guide implementation and will hopefully show that they are on the right path. She stated that residents will be encouraged to provide comments via email or phone calls and that will be included in the presentation of the plan. 8. New Business 8.a Ivy Hills Basketball Court Recommendation Assistant City Engineer Lucas Ritchie provided background information noting that the Commission previously discussed this at its July 9, 2024, meeting. He reviewed historical feedback related to drainage concerns and the location of the court in relation to the mature trees. He reviewed the concept layout, the activity that has occurred thus far, and the proposed improvements. He stated that notices were sent to properties within 350 feet of the park property noting that generally there was support for expansion of the court size, and noted that there were some concerns with drainage, additional lighting, and potential noise with increased use. He stated that there are no additional lights planned. He reviewed alternatives that could be considered and the available funding. He reviewed the proposed schedule and next steps. Page 15 of 143 Commissioner Muller asked the number of full basketball courts currently. It was confirmed that the current full courts are located at Marie Park, Hagstrom King, and Mendakota Park. She asked if they were adjustable hoops at all parks and was informed, they were not. Public Works Director Ryan Ruzek replied that they had some problems with the adjustable hoops and determined those were not a successful addition to the parks. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that two emails were received prior to the meeting and have been provided to the Commission. Commissioner Schifsky asked if there is an option to change the orientation of the court from east/west to north/south. Mr. Ritchie replied that would not be an option without additional reclaim material being brought onsite. He stated that they did not have as much reclaim material as they anticipated from the road project to use in this project while still accomplishing the drainage improvements. Commissioner Van Lith referenced the option to make a half-court with the other half painted for other activities such as four square. He asked if there would be an option for a full court that still incorporates the other activity painting. Mr. Ritchie replied that would be an option. He did not anticipate that the cost to paint on four square or hopscotch would add much to the project cost. Commissioner Muller asked if four square and hopscotch were painted on at Valley. Ms. Lawrence confirmed that was done at Valley and could be done here as well. Commissioner Schifsky stated that she would support that. Chair Blanks agreed it could increase usage. He asked for more details on the drainage improvements for the court. Mr. Ritchie provided information on the grading and drainage improvements that were already done and how the pad would be constructed to aid in drainage. He stated that a rain garden could be installed at a future time, but would not be done as part of this project. Commissioner Schifsky asked what is going to happen with the existing basketball court. Mr. Ritchie replied that the existing basketball court was buried as part of the grading and drainage improvements that were completed. Commissioner Toth asked why it was buried and not removed. Mr. Ritchie explained that area was so saturated to begin with that if they started to dig and remove that surface, they were unsure what problems would arise, and the area would become less stable. Commissioner Toth asked what would happen with the freeze and thaw cycles with the pad buried below. Page 16 of 143 Mr. Ritchie replied that the previous court had already settled prior to being buried and therefore is not anticipated that there would be a failure caused from that. Chair Blanks noted that approximately $18,000 would come from the special parks fund and stated that it was his understanding that there would not be a cost for the reclaim material as there was a savings to the contractor received by being able to use that storage space and not having to dispose of the reclaim. Mr. Ritchie replied that the exchange was for the reclaim material itself, which would have had a cost of $50,000 to $100,000 for the City to obtain that fill material from another source. He stated that the grading and compaction of that material was also covered by the contractor. Mr. Ruzek replied that the contractor also included the restoration. He noted that the City expenses were always identified to be the new court surface and storm sewer. Commissioner Van Lith referenced the protected tree and asked if the east/west orientation would have less tree impact. Mr. Ritchie confirmed that the proposed orientation would impact fewer trees. Chair Blanks invited members of the public to provide input. Joe Walsh, 1086 Sylvandale, stated that he is familiar with having the court behind his deck. He commented that from experience there are a lot of kids throwing basketballs from half-court and missing, which causes the ball to run down the ditch and into his yard. He asked if a small chain link fence could be placed ten or 15 feet behind the court to stop the balls from running into his yard. He asked if some trees, shrubs, or bushes could be added between his yard and the court to dampen the noise that travels as he imagined that a full court would be used more than the half court. Charlie Bands, 1100 Sylvandale, stated that he does not object to the basketball concept. He was happy that there was no additional lighting proposed and asked if there could be assurance that would not be added in the future. Chair Blanks commented that there are no plans for lights will be added, but he cannot guarantee what would happen in the future of the park. Mr. Bands suggested that a condition be added to the resolution that additional lighting would not be added. He commented that this area has always been wet and was unsure how this would last because of the drainage issues. Joe Fitzgerald, 1054 Butler, asked if the basketball court is guaranteed to be constructed. Commissioner Muller commented that they are making the decision tonight. Ms. Lawrence commented that the intention is to replace the old basketball court with a new basketball court. She stated that they are discussing what that will look like. Mr. Fitzgerald asked the goal for the total amount of traffic in the park. He noted that one of the tennis courts has been converted to a volleyball court, which has increased usage of the park. Page 17 of 143 He noted that the basketball court will also bring people, and the park is already full when there are softball games. He stated that he would like to see something in that area but did not think a full court would be needed as he worried about the amount of traffic that would bring to the park which is already well utilized. Amy Gerard, 574 Butler Avenue, asked how the basketball court would be used. She commented that they already have trouble with vehicles speeding down Butler. She wondered why the area is already all built up if this is just a proposal. Commissioner Muller commented that the drainage improvements have already been completed. Rose Agnew, 671 Woodridge Drive, stated that she is very concerned with the drainage. She stated that she has been walking the area and was nervous about the water going over the trail. She commented that the basketball court is great and liked the idea of a half-court with the other side being used for other purposes. She asked that no lights be added. Mr. Ritchie stated that the previous location of the court was probably not the best location for the court and there is more sufficient space for people to get the ball before it rolls into the ditch. He stated that they could look to add a fence line before the ditch, noting that staff could look into that potential cost and advised that could also be added in the future. He stated that he would be open to adding trees within the park, but that cost was not included in the project budget. He commented that staff could work with the Natural Resources Coordinator to look for locations where trees could be planted to dampen the noise level. He stated that additional improvements are not anticipated to the storm sewer above what has already been completed. He noted that the additional topsoil and turf would assist with runoff and if the rain garden is added that would also mitigate the potential for overflow to go over the trail. He stated that there is a chance the water could overflow during a heavy rain event. Ms. Lawrence stated that lighting is not being recommended at this time. She stated that when lights are proposed to be added to a park, residents around the park are notified and there is a opportunity for public comment. She commented that while there are no lights proposed at this time, the current City Council cannot ban a future City Council from adding lights to the park. She commented that there is not a goal for the number of visitors to the park. She stated that this park has been underutilized because of the previous drainage issues for the court. She stated that the court would be available to the public but would not be planned for programming by the City. Mr. Ruzek stated that last summer this project was discussed, and authorization was provided by the Commission and City Council to take the existing basketball court offline and add the fill with the direction for a new court to be added. He stated that data collection could occur related to the traffic complaint on Butler. He recognized that is a dead-end road and that 30 miles per hour can seem fast when you are standing in your yard. He stated that this is considered a neighborhood park that is designed to serve the half-mile radius around it. He noted that there are basketball courts in most parks and therefore this would not be a community draw but could draw some additional residents. Commissioner Toth asked for a definition of the reclaim material. Mr. Ritchie replied that is recycled pavement and explained the process that is followed to reclaim the pavement and underlying class five material. Page 18 of 143 Commissioner Toth commented that the reclaim material placed on top of the existing court will hold water and did not understand the theory of the engineering. Mr. Ritchie replied that part of the underlying issue was that the court was meant to hold water with the mounds around it, which did not allow for water to flow off the court. He stated that this new design sheds water away from the court area and suspected that the groundwater level would be ten to 30 feet below the current surface area. Mr. Ruzek stated that the statement was made that the reclaim material is a negative material that would have voids, but that is incorrect, and provided more details. Commissioner Toth asked if the creek would handle the water runoff from that site. Mr. Ritchie stated that the creek has handled the water from this site in the past and these improvements could even lessen the drainage because it is being routed back to the east to the storm sewer and then south and through. He stated that the water level in the creek would not change. Mr. Fitzgerald asked the process that would be followed to determine what this will look like. Ms. Lawrence stated that this is an opportunity for the public to provide comments and the Parks and Recreation Commission will discuss and make its recommendation to the Council. She stated that staff will then present this recommendation to the City Council at the April 1st meeting. Commissioner Muller asked when this was completed and whether time would be needed to let it settle. Mr. Ritchie replied that the fill was being brought in throughout the summer and final grading and compaction occurred in late September. He stated that work completed by a contractor includes a one-year warranty and if there is a failure in concrete work, that would occur during the freeze/thaw cycle and therefore that would be covered in the warranty. Commissioner Muller asked if the court should not be poured until September. Mr. Ritchie explained that the contract has a completion date of June 31st. He noted that a new contractor could be brought in but that would absolve the existing contractor from any future obligations in this area. He was unsure if the cost would change if a new contractor would be brought in but believed that this would be the most cost-effective option as there would not be a mobilization charge incurred. Mr. Ruzek replied that the freeze/ thaw would provide any settlements. He stated that generally, concrete can be placed on less suitable soils and therefore did not have any concerns moving ahead as planned as they have already gone through the winter. Mr. Walsh commented that the old half-court was much closer to the trees and was an absolute mess and therefore likes that the court has been pulled away from the trees. Mr. Ritchie confirmed that they did move the placement away from the trees to avoid the foliage falling onto the court. Page 19 of 143 Chair Blanks commented that he would support the full court and liked the idea of having more surface area to add the additional painting for other activities. Student Representative Fuentes also agreed with the additional painting to allow more meaningful use in addition to basketball. She asked if the full court would provide an advantage for drainage, as it could direct more water. Mr. Ritchie replied that it would be likely that a full court would provide more positive drainage to the east to the stormwater system. He noted that a half-court would require additional grading. Commissioner Van Lith stated that he would also support the full court with additional painting. Mr. Ruzek commented that the recommendation could include additional tree planting, noting that he could work with Mr. Walsh to determine if the trees should be placed nearer to the court or Mr. Walsh’s yard. He commented that chain link fencing would have a cost of $100 per foot and perhaps that be considered as a future improvement because that cost was not anticipated. Commissioner Schifsky stated that perhaps bushes are used instead of a fence as that would still stop the ball from rolling and could assist in blocking sound. Ms. Lawrence stated that perhaps there is direction for staff to work with the Natural Resources team related to additional trees and bushes. Motion Blanks/second Schifsky to recommend approval of a full court basketball court with additional lines painted for other activities and direct staff to work with Natural Resources staff to add trees and/or bushes to mitigate sound and create an additional barrier, with no additional lights to be added.AYES 5: NAYS 0 Ms. Lawrence explained that the Commission is an advisory board, and staff will bring this recommendation forward to the City Council for formal action at the April 1st meeting. She stated that residents can reach out to her if they would like her to provide an update as this moves forward. 8.b Park Bench Donation Recommendation Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that staff received a park bench donation from Sam Hanson to be installed at Mendakota Park near the basketball court. She reviewed the proposed location for the bench and commented that staff agree that this would be a good location for a bench. She noted that final determination of the bench pad would be made this spring when they can ensure the root system of the tree would not be damaged. She reviewed the desired plaque language, which recognizes a well-known member of the community that they wish to memorialize. She stated that staff would plan to bring the recommendation of the Commission forward to the City Council at its meeting next week. Motion Blanks/second Muller to recommend acceptance of the park bench donation as presented.AYES 5: NAYS 0 8.c 2025 Parks and Recreation Work Plan Approval Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that the Commission met in worksession in January to discuss the goals and priorities for 2025. She Page 20 of 143 stated that there was a lot of discussion and great ideas during that worksession, and staff attempted to put those details into the work plan. She noted that each item is tied to a Strategic Plan item and identifies the party responsible for the task as well as an associated timeline. She provided a brief review of the items included in the work plan. She welcomed any input or changes the group may have. Commissioner Muller commented that the work plan looks great. Motion Muller/second Blanks to adopt the 2025 Parks and Recreation Work Plan as presented. AYES 5: NAYS 0 8.d Approval of Commission Bylaws Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that annually the Commission is asked to review the bylaws to determine if any changes are needed. She stated that staff do not have any recommended changes. Motion Toth/second Schifsky to adopt the bylaws as presented.AYES 5: NAYS 0 8.e Assign Commissioner Parks Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that each year the Commission assigns parks to each Commissioner to visit, report any issues, and provide an update at each meeting. The Commission decided on the following assignment of parks: Commissioner Schifsky: Ivy Hills and Civic Center Chair Blanks: Valley and Market Square Commissioner Muller: Rogers Lake and Friendly Hills Commissioner Van Lith: Victoria Highlands and Marie Commissioner Toth: Valley View Heights and Wentworth Commissioner Sherer: Hagstrom King and Mendakota Commissioner Wichert: Kensington and the Dog Park Student Representative Fuentes commented that she lives near Kensington and Hagstrom King and can also provide updates. 9. Unfinished Business 10. Staff Announcements Parks and Recreation/Assistant Public Works Director Meredith Lawrence shared the following announcements: •The 2024 Annual Report for Parks and Recreation was presented to the City Council at its last meeting •Thanks to the Parks and Recreation team for another great year, recognizing the requirement of the team to work nights and weekends and their willingness to work a flexible schedule •Currently hiring seasonal staff for the upcoming summer season, positions are posted on the website •The April meeting will be held on Wednesday, April 9th at 6:30 p.m. Page 21 of 143 •The aerator at Rogers Lake will soon be turned off •Other events can be found on the City’s website 11. Student Representative Update Student Representative Fuentes stated that Two Rivers High School has created a student leadership program. Recently the City of Eagan hosted a world café, noting that six students from Two Rivers attended the event. She commented that she also attended the Eagan City Council meeting to provide input on programming. She wondered if there would be value in having a teen committee for Mendota Heights. Ms. Lawrence commented that the City would love to have a group of teens share input with Parks and Recreation staff on desired programming. 12. Commission Comments and Park Updates Commissioner Toth •The ice is breaking away from the shore at Rogers Lake and encouraged residents to stay off the ice •Dog Park has been busy Commissioner Van Lith •No updates Commissioner Muller •The trails have been heavily used •Is excited for her child to play lacrosse at the parks this summer Chair Blanks •Market Square has been great and encouraged residents to visit the shops •Valley Park is wet and asked when the bridge would be installed Mr. Ruzek replied that the existing bridge was removed from the site and may not be replaced until 2026. He noted that there is a short detour available. Commissioner Schifsky •Residents are excited for the pickleball courts to come back online at Wentworth Ms. Lawrence commented that staff continue to watch the weather and believed that nets will be installed in the next few weeks. 13. Adjourn Motion Muller/Second Schifsky to adjourn the meeting at 8:20 PM AYES 5: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. Page 22 of 143 6.c REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Approve Liquor License Renewals ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approve the renewal of liquor licenses for Courtyard by Marriott and Mendakota Country Club. BACKGROUND: Current liquor licenses will expire on June 30, 2025. Applications have been submitted for liquor license renewals and they are: On-Sale Intoxicating Liquor Tier Two Courtyard by Marriott Club Liquor On-Sale Mendakota Country Club Sunday Liquor Courtyard by Marriott Mendakota Country Club Complete applications have been submitted by the applicants, and the license fees have been paid. The background investigations have been completed on all applications with no negative findings. If the renewal applications are approved by the City Council, the liquor licenses will then be sent to the State Alcohol and Gambling Enforcement Division for their approval. Once approved by the State, the city would then issue the liquor licenses. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: Page 23 of 143 Economic Vitality & Community Vibrancy Page 24 of 143 6.d REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Approve Massage Therapist License Renewals and a Massage Business License Renewal ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Approve massage therapists' license renewals and a massage business license renewal. BACKGROUND: Current massage therapist licenses and massage business licenses will expire on June 30, 2025. The applicants listed below have submitted a complete application and paid the fees to renew their licenses. The following massage therapist licenses have been received for City Council approval: Christine Daniel, Green Lotus Yoga & Healing Center Jessica Foss, Green Lotus Yoga & Healing Center Courtni Gondreau, Hush Therapeutic Massage Deshona Humphry, Hush Therapeutic Massage Natalia Logodko, Green Lotus Yoga & Healing Center Alisa Yang, Blissful Performance Massage The following massage business licenses have been received for City Council approval: Blissful Performance Massage Green Lotus Yoga & Healing Center FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy Page 25 of 143 This page is intentionally left blank 6.e REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Approve Out of State Travel Authorization--National Recreation and Park Association ITEM TYPE: Consent Item DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation/Assistant Public Works Director ACTION REQUEST: The City Council is asked to authorize Parks and Recreation Director Meredith Lawrence to attend the 2025 National Recreation and Park Association (NRPA) Conference in Orlando, Florida from September 15-17. BACKGROUND: The City's Travel Authorization and Expense Reimbursement Policy requires that all out-of-state conferences, seminars, and other education related expenses be approved in advance by the City Council and must include an estimate of the costs of travel, lodging and programming. The NRPA conference is recognized as the premier annual conference for Park and Recreation professionals in the United States. This national conference brings together park and recreation professionals, students, citizen advocates and industry suppliers and offers attendees the opportunity to participate in education seminars, classes, professional development/networking and one of the largest product tradeshows in the industry. Parks and Recreation Director Lawrence has been chosen to speak at the conference. FISCAL AND RESOURCE IMPACT: Funds are available in the Recreation budget. The estimated total costs for attending are: Airfare: $486.97 Conference Registration: $0 (registration fee waived as presenter) Lodging: $426.15 Meals: $205 Total: $1,118.12 ATTACHMENTS: Page 26 of 143 None CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure Page 27 of 143 6.f REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Authorize Internal Posting for Public Works Maintenance Lead Position and the Resulting Department Vacancy ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator John Boland, Public Works Superintendent ACTION REQUEST: Authorize an internal posting for the Parks Maintenance Lead Worker position as well as a posting for the resulting vacancy in the public works department. BACKGROUND: The Parks Maintenance Lead Worker position is one of three Maintenance Lead Worker positions within the City. Staff would like to have authorization to do the internal posting process to support promotional and professional development opportunities for existing city staff. As staff are anticipating a fast process, in addition to the initial posting, staff are also seeking authorization to post the pending position that would result from the internal hire for the Parks Maintenance Lead Worker position prior to the next city council meeting. FISCAL AND RESOURCE IMPACT: The Parks Maintenance Lead Worker is a union position and the pay range for the position will follow the 2024-2025 Teamsters Union Contract. The pay range for this position is $41.67- $47.82 per hour. This is a budgeted position for 2025. With an internal hiring process, the City will see an extended cost savings in wages as there will need to be two hiring processes, one to fill the initial vacancy and then a second process to back fill the hired employee's position. ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 28 of 143 This page is intentionally left blank 6.g REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Authorize the Signing of a Cost Share Agreement with Dakota County for New Election Hardware, Software, and Related Services ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Authorize the Mayor and City Clerk to execute a Cost Share Agreement between the City of Mendota Heights and Dakota County for new election hardware, software, and related services. BACKGROUND: The current voting equipment the City uses was deployed in 2015. This equipment has been used in over 40 elections and is rapidly approaching the end of its life. The next generation of election equipment is critical to ensure trust, compliance with regulations, ease of use, and accessibility to all voters. The new state-of-the-art election equipment would be purchased to: •Enhance security by incorporating advanced encryption, paper audit trails, and other features to prevent tampering and ensure accurate election results •Improve accessibility to meet ADA standards and provide equitable access to voters with disabilities •Increase efficiency by providing reliability and voter trust by reducing wait times, streamlining ballot processing and minimizing the potential for errors •Support scalability to accommodate future growth in voter participation Dakota County has proposed a Cost Sharing Agreement with all local government units in Dakota County to purchase, use, and maintain new electronic voting equipment. The current voting equipment was purchased with a similar cost-share agreement between Dakota County cities and Dakota County. It is necessary for all precincts in Dakota County to use the same election equipment to ensure proper training and equipment maintenance. Dakota County will consider voting equipment that is certified for election use by the Minnesota Secretary of State and ensure that the new equipment complies with Minnesota Statute §206.57. Dakota County is seeking Requests for Proposals (RFP) for new state-of-the- art election equipment. The competitive bid process will be used for purchasing the new Page 29 of 143 voting equipment. Results of the bids will be tabulated by Dakota County staff and the final decision on the lowest responsible bidder will be made by the Dakota County Board of Commissioners. Mendota Heights staff will be invited to evaluate, assess, and provide input on the proposed new voting equipment. It is anticipated that new equipment will be in place for elections in 2026. FISCAL AND RESOURCE IMPACT: The total purchase price for the new voting equipment is estimated at $5,000,000. The cost- share agreement states that Dakota County will share the replacement costs with the cities, townships, and school districts in Dakota County. A five-year interest-free payback is proposed with payments beginning in 2027. The cost share breaks down as follows: Dakota County 65% Cities/Townships 30% School District 5% This cost share would apply to the initial equipment purchase, as well as licensing and maintenance costs. If one or more factors change in the initial equipment purchase, the cost of the City's share would likely increase. Mendota Heights' proposed costs would be a total of $47,218 spread over five years, for a per-year cost of $9,444. This budget item would be added to the City's election budget starting in 2026. ATTACHMENTS: 1.2025 Cost Share Agreement for the Purchase of New Voting Equipment CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 30 of 143 COST SHARE AGREEMENT BETWEEN __________________________________________________ AND COUNTY OF DAKOTA FOR ELECTION HARDWARE, SOFTWARE, AND RELATED SERVICES This Agreement is entered into by and between the ______________________ (“Municipality”), and the County of Dakota (“County”), 1590 Highway 55, Hastings, MN 55033. Municipality and County are referred to individually as the “Party” and are collectively referred to as the “Parties”. WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement through action of their governing bodies, may jointly exercise powers common to the governmental units; and WHEREAS, under Minn. Stat. § 201.225 the parties are empowered to purchase election hardware, software and related services; and WHEREAS, the County along with cities and townships in Dakota County shared cost for the purchase and implementation of voting equipment in 1998 and 2015; and WHEREAS, the Parties are desirous of cooperating to purchase a replacement for the voting equipment system for use by the Parties and other cities, townships, and school districts in Dakota County who enter into separate Cost Share Agreements with the County (collectively, the “Governmental Units”). NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the Parties agree as follows: I.PURPOSE A.The purpose of this Agreement is to authorize the County to purchase election hardware, software and related services for the Parties and to establish the obligations of the Parties with respect to their use and maintenance. II.TERM A.The term of this Agreement shall commence on the Effective Date, which is the date when all signatures of the Parties are obtained and shall remain in full force and effect until the Expiration Date, which is the date when the Vendor Contract entered into pursuant to Section III. A. terminates, this Agreement is terminated as provided herein, or by operation of law, whichever occurs first. This Agreement may be extended by written mutual agreement of the Parties. Page 31 of 143 2 III.DUTIES OF THE COUNTY The Vendor Contract includes hardware, software, licensing, and maintenance. A.Solicitation. In conformance with the provisions of Minnesota law, the County will prepare a Request for Proposals (RFP) for an electronic voting system that meets the requirements of all Minnesota statutes and rules, including Minn. Stat. § 206.57, to be used by all local government units in Dakota County, including the Parties. The County will consult with the Municipality in preparation of the RFP. The solicitation will consist of a competitive process consistent with state law applicable to such solicitation. The RFP will include vendor-supplied technical maintenance and regular maintenance and upgrades of the election hardware and software, wherever stored, for at least five years from the date of purchase, including assurances of sufficient parts, supplies and accessories, warranty service, and will seek to obtain a trade-in allowance for all electronic voting systems owned by Dakota County. B.Award of Contract. The final decision on the vendor to whom the contract shall be awarded will be made by the Dakota County Board of Commissioners. The contract will be awarded to a vendor whose proposal meets all of the standards for voting systems required by Minnesota law. The County will defend and indemnify the Municipality, its elected officials, employees and/or agents and hold them harmless from all claims and damages arising out of the solicitation process and the award of contract for the election hardware, software and related services. C.Repairs and Maintenance. The County will arrange for all necessary repairs, maintenance and upgrades to the election hardware and software between election seasons. D.Purchase and Delivery. The County will arrange for the purchase and delivery of election hardware and peripherals. E.Licenses. The County will obtain all licenses and other rights necessary for the Municipality to use the election hardware and software for its intended use. The County will defend and indemnify the Municipality, its elected officials, employees and/or agents and hold them harmless from all claims and damages arising out of any license, copyright or other intellectual property right. F.Insurance. The County will include the election hardware and software on its commercial property casualty insurance coverage. G.Ownership. The County will own the election hardware and software purchased pursuant to this Agreement, regardless of where the election hardware and software may be stored or used. Page 32 of 143 3 IV.DUTIES OF THE MUNICIPALITY A.Existing Election Hardware and Software. To the extent the Municipality has ballot tabulation equipment or ballot boxes in its possession, it will turn such equipment over to the County. B.Storage, Handling and Service. The Municipality must provide safe storage and handling of the election hardware and software when such equipment is in the Municipality's possession. The Municipality will report any needed hardware and software maintenance, in writing, to the County. Any election hardware or software problems on election days may be reported to the County orally. C.Payment. a.Upon award of the contract, the County will first pay 65% of the purchase price and apply trade-in credit received, if any, to each of the election hardware and software packages purchased. The Municipality will pay its pro rata share of the remaining cost, by percentage, for the election hardware and software packages purchased by the County for the Municipality as identified in Appendix A. b.Payment by the Municipality to the County will be made in five equal annual installments, without interest, on or before January 31st of each year beginning in 2027 and ending in 2031. The Municipality may prepay installments at any time without penalty. The Municipality will pay the County within 45 calendar days of receipt of an invoice from the County. c.The Municipality will pay to the County its pro rata share of the annual maintenance costs for the election equipment. The Municipality will pay the County within 45 days receipt of an invoice from the County. D.Operation of the System. Municipality shall operate in compliance with the following General Conditions Governing Operation of the System: a.Municipality shall distribute voting equipment to precincts in the quantities advised by the County in each election held in the Municipality through the term of this Agreement. b.Municipality must only use the polling place and election procedures approved by or from the County or the Minnesota Secretary of State. Page 33 of 143 4 V.INDEMNIFICATION A.Municipality. The Municipality will defend and indemnify the County, its elected officials, employees, and agents and hold them harmless from all claims and damages arising out of the use, transport, storage, handling, or maintenance of the voting equipment, which are attributable to the intentional, willful, or negligent acts or omissions of the Municipality, its elected officials, employees, or agents. B.County. The County will defend and indemnify the Municipality, its elected officials, employees, and agents and hold them harmless from all claims and damages arising out of the solicitation and award of the Vendor Contract and arising out of the transport, handling, or storage of the voting equipment attributable to the intentional, willful, or negligent acts or omissions of the County, its elected officials, employees, or agents. The County does not warrant, nor does it indemnify the Municipality for performance of or failure to perform by the Contract Vendor. Nevertheless, the County will pursue any and all rights it may have with respect to warranties, when requested by the Municipality or when necessary, to assure conformance with the intended use of the voting equipment. C.Municipal Tort Claims Act. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the Parties’ acts or omissions. Each Party warrants that it is able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. For purposes of determining total liability for tort damages which may arise from this Agreement, the Parties are to be considered a single governmental unit. VI.STATE AUDIT Under Minn. Stat. § 16C.05, subd. 5, each Party’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the Expiration Date of this Agreement. VII.GOVERNMENT DATA PRACTICES For purposes of this Agreement, all data created, collected, received, stored, used, maintained, or disseminated by the Parties in the performance of this Agreement is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and its implementing rules, as well as any other applicable State or Federal laws on data privacy or security. Page 34 of 143 5 Each Party shall provide the other Party with prompt notice of a breach of the security of data defined in Minn. Stat. § 13.055, subd. 1(a) or suspected breach of the security of data and shall assist in remedying such breach. Providing or accepting assistance does not constitute a waiver of any claim or cause of action for breach of contract. The Parties shall promptly notify each other when any third-party requests data related to this Agreement, the voting equipment, or the Vendor Contract. The Party who originated the data subject to the request will give the Party receiving the request instructions concerning the release of the data to the data requester before the data is released. VIII.VENUE Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate court of competent jurisdiction in Dakota County, Minnesota. IX.TERMINATION A.The County will notify the Municipality if its Governmental Unit Share as stated in Appendix A is projected to increase. Small cities and townships that utilize mail balloting will not be subject to this cost-share agreement. Otherwise, the parties must mutually agree to terminate this Agreement in writing by the undersigned or their successors. B.Termination.This Agreement shall remain in effect until the occurrence of any one of the following events: a.Termination is necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. b.The Agreement entered into pursuant to Paragraph III. B. above has expired or has otherwise been terminated. c.Parties mutually agree to terminate Agreement. X.MISCELLANEOUS PROVISIONS A.Severability. The provisions of this Agreement are severable. If any provision of this Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement, unless the void, invalid, or unenforceable provision substantially impairs the value of the entire Agreement with respect to either Party. B. Assignment. No Party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Party and an assignment agreement, approved and executed by all Parties to this Agreement, or their successors in office. C. Amendments. Any amendment to this Agreement must be in writing and is not effective until approved and executed by all Parties to this Agreement, or their successors in office. Page 35 of 143 6 D.Waiver. If any Party fails to enforce any provision of this Agreement, such failure does not waive the provision or its right to enforce it. E. Contract Complete. This Agreement contains all negotiations and agreements between the Parties. No other understanding regarding this Agreement, whether written or oral, is binding on any Party. F.Compliance with Laws. The Parties shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement. XI.GENERAL CONDITIONS GOVERNING OPERATION OF THE SYSTEM [Remainder of Page Intentionally Left Blank] Page 36 of 143 7 IN WITNESS WHEREOF, the Municipality and the County have caused this Agreement to be executed on their behalf. COUNTY OF DAKOTA MUNICIPALITY OF _______________________ _______________________ By: ______________________________ By: _________________________________ Mayor Name: ___________________________ Date: ______________________________ Title:_____________________________ By: ________________________________ Municipality Clerk Date: ____________________________ Date: ____________________________ Approved as to form: _________________________________ Assistant County Attorney/Date File No. KS- Page 37 of 143 8 Appendix A: COST PROJECTIONS FOR INITIAL EQUIPMENT PURCHASE* *The information in this Appendix A is informational only and based on all Governmental Units identified in the chart executing a Cost Sharing Agreement and a total Purchase Price of $5,000,000. If one or more of these factors changes, the Municipal Share will likely increase. Voters Percentage Amount Dakota County 289,935 65% $ 3,250,000 Cities/Townships 289,935 30% $ 1,500,000 School Districts 289,935 5% $ 250,000 Municipality Share Voters % of Reg Voters Amount Annual Payback Apple Valley 35,995 12.4% $ 186,382 $ 37,276 Burnsville 37,579 13.0% $ 194,584 $ 38,917 Castle Rock Twp 998 0.3% $ 5,168 $ 1,034 Coates 98 $ - $- Douglas Twp 536 0.2% $ 2,775 $ 555 Eagan 45,746 15.8% $ 236,873 $ 47,375 Empire 2,022 0.7% $ 10,470 $ 2,094 Eureka Twp 1,088 0.4% $ 5,634 $ 1,127 Farmington 14,909 5.1% $ 77,199 $ 15,440 Greenvale Twp 624 0.2% $ 3,231 $ 646 Hampton City 440 0.2% $ 2,278 $ 456 Hampton Twp 630 0.2% $ 3,262 $ 652 Hastings 15,061 5.2% $ 77,986 $ 15,597 Inver Grove Heights 23,212 8.0% $ 120,192 $ 24,038 Lakeville 49,329 17.0% $ 255,426 $ 51,085 Lilydale 802 0.3% $ 4,153 $ 831 Marshan Twp 882 0.3% $ 4,567 $ 913 Mendota City 148 0.1% $ 766 $ 153 Mendota Heights 9,119 3.1% $ 47,218 $ 9,444 Miesville 88 $ - $- New Trier 62 $ - $- Nininger Twp 631 0.2% $ 3,267 $ 653 Northfield 989 0.3% $ 5,121 $ 1,024 Randolph City 297 0.1% $ 1,538 $ 308 Randolph Twp 560 0.2% $ 2,900 $ 580 Ravenna Twp 1,738 0.6% $ 8,999 $ 1,800 Rosemount 18,686 6.5% $ 96,756 $ 19,351 Sciota Twp 340 0.1% $ 1,761 $ 352 South St. Paul 12,322 4.3% $ 63,803 $ 12,761 Sunfish Lake 435 0.2% $ 2,252 $ 450 Vermillion City 307 0.1% $ 1,590 $ 318 Vermillion Twp 918 0.3% $4,753 $ 951 Waterford Twp 395 0.1% $ 2,045 $ 409 West St. Paul 12,949 4.5% $ 67,050 $ 13,410 Page 38 of 143 9 ISD 191 33,351 11.5% $ 28,757 $ 5,751 ISD 192 24,434 8.4% $ 21,069 $ 4,214 ISD 194 37,762 13.0% $ 32,561 $ 6,512 ISD 195 1,603 0.6% $ 1,382 $ 276 ISD 196 108,067 37.3% $ 93,182 $ 18,636 ISD 197 30,660 10.6% $ 26,437 $ 5,287 ISD 199 18,833 6.5% $16,239 $ 3,248 ISD 200 20,498 7.1% $ 17,675 $ 3,535 ISD 252 129 0.0% $ 111 $ 22 ISD 659 2,337 0.8% $ 2,015 $ 403 SSD 6 12,261 4.2% $ 10,572 $ 2,114 Page 39 of 143 This page is intentionally left blank 6.h REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Approve Amendment to the Professional Services Contract for the Friendly Hills Neighborhood Improvements ITEM TYPE: Consent Item DEPARTMENT: Engineering CONTACT: Lucas Ritchie, Assistant City Engineer Ryan Ruzek, Public Works Director ACTION REQUEST: Approve an amendment to the professional services contract on the Friendly Hills Neighborhood Improvements, Project No. 202407. BACKGROUND: The Friendly Hills Neighborhood Improvements have been identified in the 2025-2029 Capital Improvement Plan (CIP) for construction in 2025 and 2026. The Council previously authorized a professional services contract with Kimley-Horn at the March 6, 2024, meeting and contract amendments at the June 4, 2024, and October 1, 2024, meetings to rehabilitate the following streets within the Friendly Hills Neighborhood totaling 3.56 miles of roadway: Apache Court, Apache Lane, Apache Street, Aztec Lane, Cheyenne Lane, Creek Avenue, Decorah Lane, Fox Place, Havenview Court, Hazel Court, Hokah Avenue, Keokuk Lane, Mohican Court, Mohican Lane, Nashua Lane, Navajo Lane, Ocala Court, Ocala Lane, Pagel Road, Pontiac Place, Pueblo Drive, and Pueblo Lane. The first contract amendment detailed the tasks and costs associated with extending the construction project over multiple years, incorporating additional street segments during the feasibility and design phases, and recognized the necessity of a subsequent amendment to cover construction administration and materials testing due to the extended timeline and added roadways. The second amendment authorized further geotechnical investigations to support project planning and design. The third, and anticipated final, amendment encompasses defined responsibilities for construction observation, administration, staking, and materials testing, ensuring comprehensive oversight and quality assurance throughout the multi-year construction period. FISCAL AND RESOURCE IMPACT: The original contract amount with Kimley-Horn for providing professional services on the Page 40 of 143 project is $599,885. As the project was split into two years and additional streets were added, the first and second amendments to the original contract revised the contract amount to $673,935. The additional requested not-to-exceed amount of $176,290 as part of the third contract amendment would result in a total contract amount of $850,0225. The total construction costs, based on awarded bid results, is estimated to be $6,989,882. The amended contract total is equal to 12.2% of the total construction costs. Planning, design, and construction costs associated with the proposed water main improvements will be funded by Saint Paul Regional Water Services (SPRWS) based on their ownership and desire to replace the water main in conjunction with the roadway rehabilitation. These indirect costs, identified as 15% of the construction costs, are anticipated to be $291,671. The City estimated indirect costs for the street improvements is at 20%. The total indirect costs for the project are budgeted at $976,840.66. The difference in funds will be used for finance costs, third party contracts (rain garden plantings), and staff engineering. ATTACHMENTS: 1.Kimley-Horn Amendment No. 3 CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship Page 41 of 143 AMENDMENT NUMBER 3 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. This is Amendment number 3 dated March 31, 2025 to the agreement between The City of Mendota Heights ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated March 8, 2024 (“the Agreement") concerning City Project No. 202407 Friendly Hills Neighborhood Improvements. The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. The Agreement is amended to include services to be performed by Consultant for compensation as set forth in Exhibit A and Exhibit B in accordance with the terms of the Agreement, which are incorporated by reference. CLIENT:CONSULTANT: CITY OF MENDOTA HEIGHTS KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________ By: ________________________________ Title: _____________________________ Title: Vice President Date: _____________________________ Date: 3/31/2025 Page 42 of 143 Exhibit A to Amendment Number 3, dated March 31, 2025. The scope of improvements for City Project 202407 Friendly Hills Neighborhood Improvements was increased as generally described below during the feasibility stage of the project. ·Splitting the project construction into two separate construction years (2025 and 2026) to maximize the amount of cast-iron-pipe (CIP) watermain replacement being performed by SPRWS. ·Adding the following street segments to City Project 202407 (approximately 0.85 miles): o Pagel Road o Hazel Court o Havenview Court o Apache Lane o Apache Court o Keokuk Lane (Dodd Road to Pagel Road) Splitting the project into two separate construction years and adding additional roadway segments to the project will require additional construction phase professional services. The original contract only included providing construction phase services for one construction season in 2025. The additional scope of work will require additional project management, construction observation, and construction administration services for the 2026 construction season. Previous amendments executed on this project did not include additional construction phase services. The additional scope items below are organized based on the task headings in the contract dated March 8, 2024. A detailed fee breakdown of the following additional services is provided on Exhibit B. Task 1 – Project Management Task 1.1 – Project Management Additional general project management will be necessary to extend the project overall schedule through the 2026 construction season. Task 5 – Construction Stage Task 5.3 – Construction Observation We will provide construction observation services for the 2026 construction season. We have assumed the work in 2026 will span between May 2026 and September 2026 for up to twenty- one (21) weeks. We have assumed construction observation efforts will require up to forty (40) hours per week during the assumed 2026 construction season. Task 5.4 – Partial Payments, Final Payments, and Change Orders We have assumed an additional five (5) partial payments will be processed during the 2026 construction season. Partial payments for work completed in 2026 will be completed in the same format and process as completed for work in 2025. Task 5.5 – Construction Administration and Weekly Meetings We have assumed up to twenty-one (21) additional weekly construction meetings will be held during the 2026 construction season. We will prepare for, conduct, and prepare meeting summaries for the additional weekly construction meetings. We will also complete spot reviews of certified payroll reports throughout the 2026 construction season. Task 5.6 – Construction Staking Additional construction staking services are necessary on the project based on extending construction into 2026 and adding the following street segments to the project: Page 43 of 143 ·Pagel Road ·Hazel Court ·Havenview Court ·Apache Lane ·Apache Court ·Keokuk Lane (Dodd Road to Pagel Road) The construction staking services to be performed including staking for curb and gutter, watermain, storm sewer, and blue topping. Task 5.7 – Materials Testing Additional materials testing services are necessary based on extending construction into 2026 and adding the following street segments to the project: ·Pagel Road ·Hazel Court ·Havenview Court ·Apache Lane ·Apache Court ·Keokuk Lane (Dodd Road to Pagel Road) Tests performed will be completed consistent with our original contract assumptions and will include the additional tests necessary per the MnDOT Schedule of Materials Control for the expanded project area. Task 5.8 – Punch List and Project Closeout We will obtain the necessary additional as-built survey for the expanded project area and prepare record drawings to include the expanded project area. For the Additional Services set forth above, Client shall pay Consultant the following additional compensation: Task 1 – Project Management $ 2,620 Task 5 – Construction Stage $173,670 Total Estimated Fees and Expenses $176,290 Kimley-Horn will not exceed the total amount shown above without authorization from the Client. Our total estimated not-to-exceed cost for the scope of services included as a part of this Amendment is, therefore,$176,290 including all labor and reimbursable expenses. Page 44 of 143 Project Manager/QA/QCTask LeadGraduate Engineeror PlannerCAD/GraphicsDesignerAdminConstructionObserverSub-Consultant(Topo Survey andConstructionStaking)Sub-Consultant(Geotech andMaterials Testing) Total Hours Expenses Estimated Fees TASK 1 PROJECT MANAGEMENT 1.1 Project Management 8 12 20 $2,520 Subtotal 8 0 0 0 12 0 0 0 20 100$$2,520 TASK 5 CONSTRUCTION STAGE 5.3 Construction Observation 940 940 $122,200 5.4 Partial Payments, Final Payments and Change Orders 2 20 8 24 54 $7,520 5.5 Construction Administration and Weekly Meetings 8 48 8 64 $9,680 5.6 Construction Staking 1 2 14 30 47 $6,200 5.7 Materials Testing 1 2 14 78 95 $12,830 5.8 Punch List and Project Closeout 2 12 16 30 60 $7,840 Subtotal 12 74 28 0 0 1008 60 78 1260 7,400$$166,270 SUBTOTAL OF ESTIMATED PROJECT COSTS $7,500 $168,790 TOTAL ESTIMATED PROJECT COST (FEES AND EXPENSES) TOTAL PROJECT HOURS 20 74 28 0 12 1008 60 78 1280 FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS EXHIBIT B - AMENDMENT NO. 3 FEE ESTIMATE $176,290 Page 45 of 143 6.i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Approve Resolution 2025-27 Recognizing National Public Works Week ITEM TYPE: Consent Item DEPARTMENT: Public Works CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Resolution 2025-27 recognizing National Public Works Week as the week of May 18, 2025 through May 24, 2025. BACKGROUND: Public Works staff provide vital and essential services to the City of Mendota Heights daily, often without formal acknowledgment. Whether it is snow plowing, street repair, sanitary sewer cleaning, water main and/or fire hydrant maintenance, parks maintenance, city-owned landscape management, facility repair and maintenance, or inspecting and repairing the inlets and outlets to our stormwater ponds; the city's dedicated Public Works staff strives to make the City of Mendota Heights safer, healthier, and a great place to work, live, and play by providing premier quality of life services. Each year, the American Public Works Association (APWA) sponsors “National Public Works Week” to help make and keep communities across the country aware of the important role public works and infrastructure plays in their everyday life. This public support is critical to the sustained efficient operation of Public Works facilities and infrastructure assets throughout the City. This year, APWA has set the week of May 18 through May 24 as “National Public Works Week.” Across the nation, municipalities are observing this week to honor their public works personnel and to educate residents and civic organizations about the significance of planning, designing, constructing, maintaining, managing, and operating municipal infrastructure. This infrastructure serves as the foundation of our communities, enhancing the quality of life for all. This year’s theme, “People, Purpose, Presence,” highlights three cornerstone ideals that motivate public works professionals to serve in their communities every day. Meeting the needs of people is what gives public works its sense of purpose. Many times, public works professionals will never meet those whose lives have been impacted because when things are going right, no one knows that public works is there. Yet, with or without fanfare, public works Page 46 of 143 is ever present, working in the background to advance quality of life for all. FISCAL AND RESOURCE IMPACT: There is no budgetary impact to recognizing “National Public Works Week.” ATTACHMENTS: 1.Res 2025-27 Recognizing National Public Works Week CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship, Inclusive and Responsive Government Page 47 of 143 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-27 A RESOLUTION RECOGNIZING NATIONAL PUBLIC WORKS WEEK AS THE WEEK OF MAY 18, 2025 THROUGH MAY 24, 2025 WHEREAS, public works services provided in Mendota Heights are an integral part of our residents’ everyday lives; and WHEREAS, the support of an understanding and informed constituency is vital to the efficient operation of public works facilities and services such as water service, sanitary sewers, storm sewers, street maintenance, trails, park maintenance, and snow plowing; and WHEREAS, the health, safety, comfort, and quality of life of Mendota Heights residents greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities and services, as well as their planning, design, construction, and maintenance is critically dependent upon the efforts and skill of public works officials and staff; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff the public works department is materially influenced by the residents’ attitude and understanding of the importance of the work they perform; and WHEREAS, the 2025 theme of National Public Works Week is, “People, Purpose, Presence,” highlights three cornerstone ideals that motivate public works professionals to serve in their communities every day. Meeting the needs of people is what gives public works its sense of purpose. Many times, public works professionals will never meet those whose lives have been impacted because when things are going right, no one knows that public works is there. Yet, with or without fanfare, public works is ever present, working in the background to advance quality of life for all. WHEREAS, it is the desire of the City of Mendota Heights to recognize the superior performance and dedication of its public works staff and honor the vital service they perform for the City on a daily basis. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the week of May 18 through May 24, 2025 is to be recognized as “National Public Works Week” in the City of Mendota Heights, Minnesota; and BE IT FURTHER RESOLVED that residents and civic organizations are called upon to familiarize themselves with the efforts necessary to provide Mendota Heights with the public works facilities and services we all enjoy, and to recognize the contributions made by public works staff every day toward out health, safety, comfort, and quality of life. Adopted by the City Council of the City of Mendota Heights this 20th day of May 2025. Page 48 of 143 CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor ATTEST _________________________ Nancy Bauer, City Clerk Page 49 of 143 Page 50 of 1436.j Page 51 of 143 Page 52 of 1436.k Page 53 of 143 Page 54 of 143 Page 55 of 143 Page 56 of 143 Page 57 of 143 Page 58 of 143 Page 59 of 143 Page 60 of 143 Page 61 of 143 Page 62 of 143 Page 63 of 143 Page 64 of 143 This page is intentionally left blank 7.a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Name the Snowplow Truck Survey Results ITEM TYPE: Presentation DEPARTMENT: Public Works CONTACT: Meredith Lawrence, Parks and Recreation/Assistant Public Works Director Ryan Ruzek, Public Works Director John Boland, Public Works Superintendent ACTION REQUEST: Informational Only. BACKGROUND: With the purchase of the last snowplow, the City began a new process of naming our snowplows. With the addition of two snowplows to our fleet, the City asked the public to submit names to be considered for naming purposes. The City received 26 name submissions. The Public Works maintenance crew narrowed down the names to be considered to four. The public had the opportunity to vote on the names at the Touch-A-Truck event on Saturday, May 10. The results are listed below: #1) Mendotasnowta: 124 #2) Saltimus Prime: 105 #3) License to Chill: 97 #4) Iceolated Incident: 62 The two new snowplows in Mendota Heights will be named Mendotasnowta and Saltimus Prime. FISCAL AND RESOURCE IMPACT: None. ATTACHMENTS: None CITY COUNCIL PRIORITY: Page 65 of 143 Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 66 of 143 9.a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Ivy Hills Park Playground Recommendation ITEM TYPE: New and Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation/Assistant Public Works Director ACTION REQUEST: Approve a proposal from Webber Recreation (Miracle) for the replacement of the playground at Ivy Hills Park in the amount of $180,000. BACKGROUND: Based on its age and current condition, Ivy Hills Park playground is scheduled for replacement this year. The majority of the existing playground was built in 2007, although the swings were existing from a prior remodel and not replaced in 2007. The standard life expectancy for playgrounds is between 15-20 years of service. The Parks and Recreation Commission established a work group that met with staff and developed criteria for an RFP (Request for Proposals) to solicit proposals to remodel the playground site. The Parks and Recreation Commission reviewed the RFP at their January Work Session and the consensus was to move the project forward based on the RFP criteria developed by the work group. The City Council reviewed the item at their January 21 meeting and asked staff to refine the RFP criteria. Staff brought back the updated RFP to the City Council on February 4 for approval to release. The scope of the project that was approved by the City Council included the following: The City encourages vendors to consider the following features when developing renderings: •At least five swings that may include any of the following types: •Parent/child swing •Belt swings (2 preferably) •Toddler swing •Multi-user swing or arch swing with sensory seat •A feature that an individual can fully utilize without transferring from wheelchair Page 67 of 143 (i.e. swing, merry-go-round, etc.) •A dramatic play element •A communication board •At least two slides •At least two vinyl-coated steel benches with backs anchored in the ground within the container area •Engineered wood fiber surfacing All proposals were required to include demolition and disposal of current playground equipment, any necessary sitework, the container shape update/increase, playground equipment, engineered wood fiber surfacing, and installation for the playground site. The RFP requested a bright color pallet to be used for the playground features. The attached map outlines the updated container shape that was provided as a guide for the increase in the playground size. Staff invited reputable playground vendors to submit responses and use their professional expertise and creativity to develop a unique play structure plan within the budget. The City received six proposals from five qualified vendors. Staff notified the work group of the number of proposals received and the subcommittee reviewed the proposals and narrowed them down to four for community engagement. The four proposals include the following: •Playground 1: Midwest Playscapes=$179,999.45 •Playground 2: Northland Recreation=$180,000 •Playground 3: Webber Recreation #1=$180,000 •Playground 4: Webber Recreation #2=$180,000 Staff hosted an in-person open house to solicit feedback on Monday, April 21 at City Hall. There were 12 residents who attended this event, of which 11 voted. The results from this engagement session are provided below: •In-Person Open House Playground Preference Votes: o Playground 1 (Midwest Playscapes): 0 o Playground 2 (Northland Recreation): 5 o Playground 3 (Webber Recreation #1): 6 o Playground 4 (Webber Recreation #2): 0 In addition, staff posted an online survey related to the playground for the public to vote on. The survey was promoted on the City’s website, Friday News, and on Facebook. The survey results are provided below: •Online Survey Playground Preference Votes: Page 68 of 143 o Playground 1 (Midwest Playscapes): 21 votes o Playground 2 (Northland Recreation): 276 votes o Playground 3 (Webber Recreation #1): 140 votes o Playground 4 (Webber Recreation #2): 183 votes The results from the in-person open house and the online survey combined are as follows: •Playground 1 (Midwest Playscapes): 21 votes=3.3% •Playground 2 (Northland Recreation): 281 votes=44.5% •Playground 3 (Webber Recreation #1): 146 votes=23.1% •Playground 4 (Webber Recreation #2): 183 votes=29.0% Total Responses=631 At their May 13 meeting, the Parks and Recreation Commission reviewed the four proposals and the results from the community engagement. One neighbor of the park was in attendance and addressed the Commission, voicing playground number three as her favorite because of the colors, features, and layout matching the feel of the neighborhood. The Commission voted 6-0 for the City Council to approve the Webber Recreation (Miracle) proposal because of its inclusive design, pour in place rubber being included, colors, and design. If approved on May 20 by the City Council, Webber Recreation (Miracle) anticipates a September, 2025 completion of the project. FISCAL AND RESOURCE IMPACT: The 2025 budget included $160,000 for this project from the General Levy--which includes all costs associated with the project, including the demolition and disposal of existing equipment, an updated container, surfacing, structures, delivery, installation, construction permits, taxes and service charges. Staff recommended increasing the size of the container by approximately 17%, which would provide additional space for features which will need larger safety zones due to new safety regulations and make it similar to other neighborhood park playgrounds recently updated. This addition required a $20,000 contribution from the Special Parks Fund to achieve the desired scope. The RFP gave vendors a total project budget maximum of $180,000. The total project cost for the Webber Recreation (Miracle) playground is $180,000, which meets the budget provided to vendors as part of the RFP. ATTACHMENTS: 1.Ivy Hills Playground RFP Final CC Approved 2.Webber Recreation 1-Ivy Hills Playground 3.Resident Email 4.Playground 1 Description Page 69 of 143 5.Midwest Playscapes Photo 1 6.Midwest Playscapes Photo 2 7.Midwest Playscapes Photo 3 8.Midwest Playscapes Photo 4 9.Playground 2 Description 10.Northland Photo 1 11.Northland Photo 2 12.Northland Photo 3 13.Northland Photo 4 14.Playground 3 Description 15.Webber1 Photo 1 16.Webber1 Photo 2 17.Webber1 Photo 3 18.Webber1 Photo 4 19.Playground 4 Description 20.Webber2 Photo 1 21.Webber2 Photo 2 22.Webber2 Photo 3 23.Webber2 Photo 4 CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 70 of 143 City of Mendota Heights REQUEST FOR PROPOSALS IVY HILLS PARK PLAYGROUND REPLACEMENT 645 Butler Avenue Mendota Heights, MN 55118 PROPOSAL DEADLINE: March 14, 2025  10:00am Released: February 5, 2025 Page 71 of 143 Section 1: General Information 1). Contract Administration All correspondence regarding this RFP (Request for Proposals) and the proposed services must be addressed to: Meredith Lawrence, Parks and Recreation Director/Assistant Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Phone: 651-255-1354 Email: mlawrence@mendotaheightsmn.gov Submission must be sent by email. One hard copy PDF of the proposal and any relevant attachments should be sent to the mailing address above. 2). Tentative Timeline Due Date: 10:00am on March 14, 2025 (includes both digital and physical submission) Review by Parks and Recreation Commission on or before June 10, 2025 City Council Approval of Project on or before June 17, 2025 Notification of Award on or before June 18, 2025 Playground should be installed as soon as possible after signed contract. 3). Acceptance of Proposals Contents The contents of this RFP and the proposal will become contractual obligations if a contract ensues. Failure of the consultant to meet these obligations may result in cancellation of the award. All information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter 13—Minnesota Government Data Practices Act. Section 2: Project Overview 1). Project Overview and Purpose The purpose of the RFP is to obtain site plan design and quotes to include demolition and disposal of current playground equipment, any necessary sitework, an expanded container, playground equipment, engineered wood fiber surfacing and installation for the playground site at Ivy Hills Park, 645 Butler Avenue, Mendota Heights, MN 55118. The Parks and Recreation Department is challenging various playground manufacturers to use their professional expertise and creativity to develop a unique play structure. 2). Owner The City of Mendota Heights is designated as Owner. All work shall be on public property. The contractor shall, at all times, confine operations to stay within the limits of the property. Any repairs or restorations required outside the property limits due to the Contractor’s carelessness shall be repaired by the Contractor at their expense. Page 72 of 143 Section 3: Proposals To be considered, each firm must submit a complete response to this RFP, using the format provided. The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least one hundred forty (140) days from the due date for this proposal. Respondents shall include one digital and one hard copy of their proposal document. Respondents may submit up to two proposals/designs per vendor. 1). Specifications A. The structure shall meet and comply with all current ADA Legislation and ASTM F1487 and include demolition and disposal of current playground equipment, any necessary sitework, an expanded container and playground footprint, playground equipment, engineered wood fiber surfacing and installation for the playground site. B. All equipment must meet age-related design criteria suitable for 2-5-year olds and 5-12 year olds and be IPEMA certified. C. The recycled wood timber container expansion must be included to meet the design of the updated enclosure attached and match the color and style of the existing container timbers to remain. The existing container does not need to be completely replaced but must have portions replaced to ensure it meets ADA requirements and safety standards. It is anticipated that the existing container timbers to be replaced will be salvaged from the existing infrastructure; however, container replacement may require select timbers to be furnished by the contractor if salvaged timbers are deemed unusable or are insufficient to meet any modified measurements of the container. a. To allow for adequate playground access space meeting current ADA requirements for a pedestrian ramp, the existing bituminous surface access shall be removed and replaced with a concrete pedestrian ramp. Bituminous surface removal limits shall be limited to only what is necessary to remove to achieve ADA compliance within the pedestrian ramp but may require removals up to the connecting trail system through Ivy Hills Park. D. The City encourages vendors to consider the following features when developing renderings: a. At least five swings that may include any of the following types: i. Parent/child swing ii. Belt swings (2 preferably) iii. Toddler swing iv. Multi-user swing or arch swing with sensory seat b. A feature that an individual can fully utilize without transferring from wheelchair (i.e. swing, merry-go-round, etc.) c. A dramatic play element d. A communication board e. At least two slides f. At least two vinyl coated steel benches with backs anchored in the ground within the container area (if vendors would like to retain and reinstall the two existing blue playground benches, that is acceptable. The two existing blue playground benches shall be removed from the site by the contractor should new vinyl coated steel benches be selected for use.) g. Engineered wood fiber surfacing E. Vendors are also encouraged to include in their playground design features that provide opportunities for improved balance, coordination, upper body strength, lower body strength and imagination for users of all ages. Page 73 of 143 F. Wear pads must be installed below the bottom of slides and swings. G. The playground container is currently 3,815 square feet. The new playground will be increased to 4,472 square feet. The attached map outlines the container space available for expansion in green and pink. a. Expansion of the northeast section of the playground container is anticipated to require saw cutting and removal of a portion of the existing concrete pad used for bicycle storage and trash collection to better align the container’s perimeter with the adjacent trail system. The anticipated concrete removal limits can be seen on the attached playground map. b. It is not a requirement that the sandbox remains. Thus, vendors are welcome to propose using that space for different features within the playground design. c. Vendors have the option to show creativity in response to the container’s contents and/or shape. Due to in place infrastructure, expansion to the southwest is prohibited. Any additional expansions beyond that shown should not infringe within the drip line of existing trees. H. The site shall have signage information provided appropriate to the structure/area. If signage includes photos of individuals, the photo must include a diverse group of users. I. All plastic and coating products must be UV and color stabilized to resist fading. J. Supplier must be able to provide a tool kit for fasteners, parts manual (both hard copy and electronic) and a touch up paint kit for all structure colors. K. All parts must have a corrosion resistant finish and be capped on the top end. L. All metal decks must be manufactured from sheet steel conforming to ASTM specification A-569 and be finished with a vinyl coating. M. All connecting hardware used must be zinc plated or stainless steel, free of protrusions, vandal resistant and have a tamper proof design. A Service kit for tamper proof fasteners must also be provided. N. The color pallet for the playground is requested to portray bright colors. 2). Submission Requirements Each of the following items shall be considered an integral part of the Contractor’s proposal and shall be submitted to the City on or before the date and time as stated: 1. One copy of a completed and signed Proposal Form. 2. A list of all base materials 3. A list of all equipment included in the plans, with quantities. 4. One copy of a play area equipment layout drawing to scale showing layout, safety zones, accessibility, border and outside dimensions. 5. One bound notebook or plan size sheet of all components and features specific to the project. 6. One complete copy of all warranty information. 7. The contractor shall indicate all deviations from the specifications. 8. Provide a letter from the manufacturer or an independent consulting firm stating all equipment meets the current ASTM F1487 standards 9. Estimated timeline for construction. a. The installation of the entire playground must be completed by paid professional staff. Any deviation from the use of paid professional installers must be approved by the Parks and Recreation Director. 10. Documentation that all equipment quoted is covered by product liability insurance. Page 74 of 143 3). Project Budget The fee proposal must not exceed $180,000 and must include all elements associated with the project, including procurement of all documents, demolition of existing equipment, new container materials and installation for area of expansion, installation of replacement recycled wood timbers in areas where unsafe, surfacing, structures, delivery, installation, construction permits, taxes and service charges. Each firm is requested to provide the maximum amount of play activities for that fee. 4). Proposal Receipt Proposals must arrive at the Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118 on or before 10:00 AM on Friday, March 14, 2025. Section 4: Playground Regulatory Compliance Each playground proposal must meet the following regulatory compliance requirements: 1.All equipment provided and all areas around and between equipment must comply with the most current Consumer Product Safety Commission (CPSC) guidelines and The American Society for Testing and Material (ASTM) standards. It is the responsibility of each bidder and manufacturer to be aware of these guidelines. Please list all deviations where your proposal does not comply and explain each in detail when submitting the proposal. Equipment that requires intensive labor measures or modifications, after installation, such as the cutting of bolts, to bring equipment into conformance with CPSC and ASTM will not be accepted. As recommended by CPSC, a project specific maintenance manual shall be provided at the end of the project. 2.The entire playground must meet the current requirements of the Americans with Disabilities Act and ASTM F1487. 3.All equipment must be IPEMA certified. 4.All surfacing materials must meet current CPSC guidelines, ASTM F1951 and ASTM F1292 standards, as well as be IPEMA certified. a.Once installation is complete on all equipment, the supplier must provide a formal safety audit of the installed equipment. The audit must document that equipment meets all current standards listed above. Final payment for the structure, payment for base materials and installation will not be processed until after the safety audit inspection and document has been completed and delivered from a certified playground inspector. CPSI documentation must be included. Section 5: Proposal Selection Responses to this RFP will be evaluated based on the following process: 1.Staff will review the firm’s response to the RFP and determine if the proposal meets all criteria for consideration. 2.The Parks and Recreation Commission’s subcommittee and staff will narrow down the complete proposals to the top three designs to be considered by the community. 3.A neighborhood meeting and community survey will be conducted so residents can review the proposed play structure options and provide feedback on a preferred plan. 4.The Parks and Recreation Commission will review the neighborhood meeting and community survey results and make a recommendation to the City Council on the desired playground for the park. 5.City staff will present the Parks and Recreation Commission’s recommendation to the City Council for a final decision. Page 75 of 143 Staff will use the feedback from the resident groups and a recommendation from the Parks and Recreation Commission to enable the City Council to make a formal decision. If necessary, an interview/informational meeting may be requested by staff with potential vendors. 1). Award of Contract The City of Mendota Heights will award one contract for this entire project to a responsible bidder submitting the Quote meeting all performance and required criteria as set forth by this set of contract documents, plans and specifications. Section 6: Project Terms and Conditions The following terms and conditions apply to this Request for Proposals (RFP): 1. The City of Mendota Heights is not liable for any cost incurred by the prospective firms prior to the signing of the contract. 2.The contents of this proposal will become contractual obligations if a contract ensues. Failure of the selected consultant to accept these obligations may result in cancellation of the award. 3.The City of Mendota Heights reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects, in the City’s judgment. In determination of award, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied and delivery terms will be considered. 4.The city assumes no responsibility or liability for costs incurred by the firms prior to the submission of a proposal. Total liability of the City of Mendota Heights is limited to the terms and conditions of this agreement. 5.The successful respondent will be required to furnish appropriate certificates of insurance as part of the final contract negotiations. 6.The contractor shall pay all sales, consumer, use and other taxes required to be paid by them in accordance with the law of the place where the work is to be performed. 7.The contractors shall provide and maintain all necessary temporary enclosures and barricades to adequately protect the work and materials from the elements and persons not involved with construction. The Contractor shall remove all temporary enclosures, barricades and fences upon completion of the work. 8.The contractor shall provide for and be responsible for protection of existing pavements, utilities, fencing, etc. In general, all existing materials, surfaces, sod, etc., to remain which are affected by the work shall be repaired and restored to an original and functional condition. 9.Before making any shipment of materials to the site, the contractor shall ascertain whether the site is in a condition to receive the shipment. Where this provision is neglected and material is delivered to the site when the latter is not in condition to receive it, such materials shall be properly stored elsewhere at the contractor’s expense and adequate insurance coverage provided for off-site storage. 10.The contractor shall provide storage as required to protect and preserve all materials stored at the site. Materials are not to be stored directly on the ground. Storage of materials is to be confined to areas designated by the City. The city will not sign for or be responsible for materials delivered to the site. a.Equipment delivered early will not be paid in full. Full payment of structure and installation will be paid when installation is complete and a compliance audit has been received. Page 76 of 143 11. Working hours shall be from 7:00am- 8:00pm on Monday-Friday and 9:00am-5:00pm on Saturday and Sundays. 12. All work areas shall be returned to a condition equal to or better than was in existence at the beginning of the project. All construction debris, including excavated soil, shipping materials including cardboard, pallets, etc. shall be removed and disposed of in a manner satisfactory to the City. Page 77 of 143 Dakota County, Maxar, Microsoft 0 20 SCALE IN FEETDate: 1/9/2025 Ivy Hill Playground Existing Playground 3,815 Square Feet Northeast Addition 492 Square Feet +12.9% Increase to Ex Northwest Addition 165 Square Feet +4.3% Inc to Ex Page 78 of 143 Ivy Hills Park (Option 1)Mendota Heights, MNPage 79 of 143 Page 80 of 143 3/12/2025 Page 1 of 5 QUOTE: OE25002478 Miracle Recreation Equip. Co. 878 E. US Hwy 60 Monett, MO 65708 1-888-458-2752 QUOTE: OE25002478 CUSTOMER: TEMP25000186 Project: 25003525 Prepared For: Project Name & Location:PPrepared by: City of Mendota Heights Ivy Hill Park- (Option 1) WEBBER RECREATIONAL DESIGN, INC. 1101 Victoria Curve Mendota Heights, MN 55118 Jay Webber 1442 BROOKE COURT HASTINGS, MN 55033 Ship To Address: End User: Meredith Lawrence Ivy Hill Park 645 Butler Avenue West Mendota Heights, MN 55118 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 (651)255-1354 Ext. (phone) mlawrence@mendotheightsmn.gov Quote Number: OE25002478 Quote Date: 3/12/2025 Valid For: 30 Days From Quote Date 2-5 Product line: TotsChoice Age group: 2-5_ASTM Components Part Number Description Qty 718555 3 1/2" OD X 70" POST FOR PLAY PANELS 2.00 71871328B COMMUNICATION PANEL (BELOW DECK) 1.00 787001 WELCOME SIGN AGES 2-5, FREESTANDING 1.00 9452 SADDLE SEAT, STRAIGHT POST 1.00 MR0881 MC TRUCK 1.00 MR0889 MC COMM HELPERS W/O CRAWL TUBE 1.00 Page 81 of 143 3/12/2025 Page 2 of 5 QUOTE: OE25002478 Freestanding Product line: Freestanding Age group: 5-12_ASTM Components Part Number Description Qty 2740 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 1.00 2760 SWG PART GENERATION SWG SEAT W/CHAIN 1.00 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2.00 307 INCLUSIVE WHIRL (2023) 1.00 925920Z TOUCH UP PAINT KIT - FREESTANDING (NO PRICE) 1.00 994167BK FRICTION WEAR MAT - 32" x 54", BLACK 4.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1.00 MR0932 3.5" ARCH SWG- ADD-A-BAY (2 ST REQ'D) 1.00 MR0940 3.5" MULTI-USER ARCH SWING ADD-A-BAY 1.00 MRSG303D BENCH W/BACK 6' DIAMOND ING 2.00 5-12 Product line: KidsChoice Age group: 5-12_ASTM Components Part Number Description Qty 4536 MM CURIOSITY THRILLED THE CAT 1.00 7145029 SQUARE DECK (ATTACHES TO 4 POSTS) 1.00 7145039 1/2 HEX FULL DECK (ATTACHES TO 4 POSTS) 2.00 714554 5" OD X 178" POST (7' TO 8' DKS) 4.00 714576 5" OD X 204" POST FOR ROOF (8' DK) 6.00 7146078 BRAIDED CLIMBER (8' DECK) 1.00 7146701 CHAMII ENTRY & EXIT (5' - 6'6" DK) 1.00 7146706 CHAMII LEFT SECTION 1.00 7146706 CHAMII LEFT SECTION 1.00 7146707 CHAMII LONG STRAIGHT SECTION 1.00 7146708L CHAMII SPIRAL SLIDE LH (8' DK) 1.00 7146806C WAVE HEX ROOF W/TOPPER 1.00 71471524 WIDGET PANEL 1.00 71471527B MUSEUM PIN PANEL (BD) 1.00 714808 CLIMBING POLE (3', 5' OR 6'6" DK) 1.00 714816W FULL WAVE BARRIER, TUBE 1.00 7148486 TWISTER CLIMBER (6' 6" DK) 1.00 71485169 SQ TRSFR PT, CLSD HR (6' & 6'6" DK) 1.00 7149939E ADA STAIRS BTWN DECKS W/1'6" RISE, EXT. 1.00 714999Z CUSTOMER SERVICE KIT (NO PRICE) 1.00 787003 WELCOME SIGN AGES 5-12, FS 1.00 9461 SURFER 1.00 994167BK FRICTION WEAR MAT - 32" x 54", BLACK 1.00 Page 82 of 143 3/12/2025 Page 3 of 5 QUOTE: OE25002478 RiskSign_Included Product line: Freestanding Age group: Components Part Number Description Qty 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1.00 Additional Items Part Number Description Qty 105295 BAG ZIPLOCK 12" X 14" X 4MIL(OFFICE USE) 1.00 925961 THUMB DRIVE 2GB - MREC 1.00 926458 LABEL,GENERATION SWG, 2YR-12YR, MR 1.00 INSTALL BOOK INSTALL BOOK FOR PP ORDERS 1.00 Parts By Other Part Number Description Qty Weight Unit Price Total EWF- Spread EWF (200 Cu.Yds.) Delivered and Spread Certified EWF Delivered and Spread 1 0.00 9,000.00 9,000.00 No Fault PIP Poured in Place Rubber Poured in Place Rubber (Per Design) 1 0.00 29,700.00 29,700.00 Recycled Timbers Recycled Timbers and Installation Recycled Timbers and Installation 1 0.00 5,610.00 5,610.00 Removal Removal and Disposal Equipment Existing equipment, surfacing, and border removal 1 0.00 15,600.00 15,600.00 Site Prep Removal and Site Prep Site Prep 1 0.00 2,250.00 2,250.00 Totals: Equipment Weight: 10,163.00 lbs Freight: $3,981.65 Code: Needed Installation: $32,246.18 Products by Other: $62,160.00 Grand Total: $180,000.00 Notes: Please make PO’s out to WEBBER RECREATIONAL DESIGN, Inc. This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Page 83 of 143 3/12/2025 Page 4 of 5 QUOTE: OE25002478 Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:OE25002478 Quote Date:3/12/2025 Equipment: $114,956.17 Grand Total: $180,000.00 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS & CONDITIONS OF SALE 1.Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2.Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3.Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4.Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5.Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6.Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7.Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8.Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in Page 84 of 143 3/12/2025 Page 5 of 5 QUOTE: OE25002478 writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9.Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 Page 85 of 143 Page 86 of 143 Page 87 of 143 Page 88 of 143 IVY HILLS PARK (Option 1) MENDOTA HEIGHTS, MN MIRACLE RECREATION PLAY EQUIPEMNT GENERAL SPECIFICATIONS SAFETY STANDARDS & GUIDELINES All public playground equipment supplied shall meet all applicable provisions of the current "Handbook for Public Playground Safety" published by the Consumer Product Safety Commission (CPSC), and of ASTM F1487-17 "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use," published by the American Society for Testing and Materials (ASTM). Products bearing the certification seal of the International Play Equipment Manufacturers Association (IPEMA) have received written validation of compliance with ASTM F1487-17. TRADEMARKS Aquarius (R), Big Kahuna (R), Big Timber (R), Bongo (TM), Boulder Ridge (R), Bug Bites (R), Camel Back (TM), Center Stage (R), Chameleon (TM), Champions Trek (TM), Coil Curler (TM), Connexion (R), Dupli-Gator (R), Flex Jet (R), Flippo (TM), Flippopotamus (R), Fun Fone (TM), Fun Tunnel (R), Funnel Tunnel (TM), Funshades (TM), Gator Grip (R), Gemini (TM), Gravity (TM), Grizz-Lee Bear (R), Groove (TM), Groove II (R) Slide, Hang-A-Round (R), Interaxion (TM), JAX (R), Kidrox (R), Kids’ Choice (R), Kids’ Perch (TM), Libra (R), Linkz (TM), Loopz (TM), Mega Tower (R), Miracle (R), Miracle Recreation (R), Mira-Cote (R), Mira-Lam (TM), Mira-Lene (TM), Mira-Therm2 (TM), Mogul (TM), Mountain Trail (R), N-Dure Cycle (R), Nexus (R), Observation Deck (R), Offspring (TM), OrbX (R), Pegasus (R), Perma-Guard (TM), Perseus (TM), Phyzics (R), Play Cover (R), Play Terrain (R), PolyTuf (TM), Power Pedaler (TM), Pull Up!Lift (R), Reflex (R), Relay Racer (R), Rock-ite (R), Rodeo Rocky (TM), Serpent Trek (TM), Sneak-A-View (TM), Sun Sparkle (TM), Surfer (R), Tensile Tough (TM), Tensile Tower (TM), Thunder Tunnel (TM), Timber Topper (TM), Toboggan (TM), Toddlers’ Choice (R), Tots’ Choice (R), Tots’ Choice (R) Expansion, Tots' Choice (TM) for Toddlers, Trim Timber (R), Triple Play (TM), Typhoon (TM), Versalok (R), View Groove (TM), Wavy Waffle Wall Walker (TM), Webscapes (R), Whirlwind (TM), Xcalator (R), and X-Cavator (TM) are trademarks of Miracle Recreation Equipment Company. Tornado (TM), Multi-Pondo (TM), and Pirouette (TM) are trademarks of HAGS (TM). Miracle and HAGS are divisions of PlayPower, Inc. PlayPower (R) is a trademark of PlayPower, Inc. QUALITY SYSTEM CERTIFICATION The manufacturer's quality system is certified to ISO 9001 since December 1998. PRODUCT CHANGES At Miracle Recreation Equipment Company, we strive for the utmost in quality and safety in our entire product line. Therefore, in order to honor this commitment to you, our customers, we reserve the right to make changes on any product released and/or published in our annual catalog and other promotional or technical literature. WARRANTY Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below. Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties: 1. LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, VersaLok® fastening system, cast aluminum parts, and stainless steel hardware. 2. LIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below. 3. LIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, Shadesure™ and Colourshade FR fabrics (Note Exception: Limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, Zesty Lime, Cinnamon, and Olive.) 4. LIMITED EIGHT (8) YEAR WARRANTY: x Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. x Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. x Integrated shade fabric and components against rot, UV deterioration and defects in materials and workmanship (Note Exception: Limited Three (3) Year Warranty for fabric in shades of red). 5. LIMITED FIVE (5) YEAR WARRANTY: x Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. x Mira-Therm™ PVC coating and PE coating against cracking or peeling. x Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). x GFRP (Glass Fiber Reinforced Polymer) Products. x Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating). 6. LIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards. 7. LIMITED ONE (1) YEAR WARRANTY: Page 89 of 143 x Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. x Pool slide support structures, stairways, landings and railings. x All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products. BUYER'S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. LIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable. Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions. Warranties specifically do not cover Miracle products: x for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber; x that have been modified, altered, or repaired by unauthorized third parties; x that have not been used as designed or intended, or misused; x to which non-Miracle parts have been added or substituted; x that have been removed from their original location and re-installed elsewhere; x or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God. Miracle does not warrant that any particular color will be available for any specific period of time, and reserves the right, its sole discretion, to discontinue any color for any reason. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFICT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT. Consult Miracle’s “Glossary of Technical Data for Materials, Processes and Finishes” for specifications of items listed in bold type. xInclusive Swing Seat is constructed of Rockite seats molded to form a chair. Models that are 8’ or 10’ with chains each have two chains to suspend the swing from a swing frame header. The attached seat is a reinforced polyurethane rubber bumper. The sliding latch mechanism is constructed from 6061 machined aluminum. The chain assembly is fabricated from 4/0 straight link coil chain. The chain is manufactured to ASTM A467-86A Class CS specifications. All rubber surfaces are EPDM. The Rockite seats have molded-in color. All exposed metal surfaces are bright zinc plated. The clevises are zinc plated. The chain has a Mira-Therm coating. xKIDS' CHOICE MIRA-THERM2 DECKS: The deck models in the 714-50X-9 series shall consist of a (3) sided equilateral triangle deck: Model # 714-501-9, with a deck top surface area of 7 sq. ft. (1008 sq. in.); a (4) sided square deck: Model # 714-502-9, with a deck top surface area of 16 sq. ft. (2304 sq. in.); (4) sided (3) opening half hex decks: Model #s 714-503-9 and 714-504-9, with a deck top surface area of 21 sq. ft. (3024 sq. in.); (4) sided (6) opening rectangular decks: Model #s 714-508-9, 714-509-9 and 714-510-9, with a deck top surface area of 32 sq. ft. (4608 sq. in.); a (5) sided pentagon deck: Model # 714-512-9, with a deck top surface area of 23.8 sq. ft.. (3427 sq. in.); an (8) sided octagon deck: Model # 714-519-9, with a deck top surface area of 60 sq. ft. (8640 sq. in.); (; and a (7) sided heptagon deck: Model # 714-517-9, with a deck top surface area of 55 sq. ft. (7,920 sq. in.).Model # 714-511-9 shall be an isosceles triangle split deck (single section) designed to serve as a step platform for lower deck Page 90 of 143 heights: 18” or lower for 2-5 year olds, and 30” or lower for 5-12 year olds. All other Model # 714-511-X9 split decks shall feature two triangular deck sections which shall be mounted between four posts at different heights so that a 6”, 12”, 18”, or 24” (X) rise shall be formed along the hypotenuse between two posts. Models which rise greater than 6” shall contain a riser plate; models which rise greater than 12” shall also contain an arched enclosure assembly. The deck top surface area of split deck models shall be 8 sq. ft. each for both sections, or total 16 sq. ft. Riser plates shall be constructed of 11 ga. A-60 Galvannealed sheet; risers for 18” and 24” rises shall contain a rung and vertical supports of 1" tube, solid welded, all finished in Mira-Cote. The arch enclosure assembly accompanying models which rise 18” and 24” shall comprise top and bottom supports and an arched upright constructed of 1" pipe, drilled, formed and mashed, all solid welded, and vertical rungs of 1" tube, with plastic pipe plugs inserted in open ends, and finished in Mira-Cote. Decks shall be designed for maximum flexibility in height of deck surface, from 0” to (in 6” increments,) though 3’, 5’ and 6’-6” shall be considered standard heights. Decks shall be designed on a 48” center-to-center spacing on 5” deck posts, at equal or varied heights. All deck-to-post connections shall be made with a deck support clamp. All deck connections shall be made beneath deck with no exposed fasteners on deck perimeter. Decks with 8’ wide open side shall be designed to attach to another deck with 8’ wide open side at same deck height, or to a Model # 714-770-6 Flippopotamus Slide/Climber. All decks shall be constructed with folded 11 ga. steel sheet forming 3” tall sides. Decking sheets shall be perforated with a staggered pattern of 3/8” diameter holes (5/16" after dipping) at 5/8” apart center-to-center. The decking shall have 7 ga. by 2” flat steel braces and corner braces of 7 ga. steel. The entire assembly shall be solid welded prior to polyvinyl coating. Each assembly shall contain Versalok Fasteners and Fastener Style A hardware. All deck surfaces shall be coated in Mira-Therm2 or Mira-Therm2 PE. xKIDS' CHOICE POSTS: STEEL POSTS: The steel posts each shall be constructed of 5" tube, 11 ga. with a 5" round end cap pressed into its top end. Post and end cap shall have a Mira-Cote finish. xTOTS' CHOICE STEEL POSTS: The steel posts shall be constructed of 3-1/2" tube, 13 ga. with 3-1/2" round end caps mechanically fastened to the top end. Posts for roof attachment shall not receive end caps. After fabrication, all posts and end caps shall have a Mira-Cote finish. xBRAIDED CLIMBER shall be a twisting, vertical climbing challenge rising to an 8’ deck height with arch enclosure. Climber shall comprise two uprights with coped plugs inserted into top ends, and eight rungs. The uprights and rungs shall be constructed of 1" pipe, Gator Grip. Upright shall measure 174-1/16” in length and shall be solid welded to rungs. Top support shall be comprised of 1" pipe, Gator Grip, solid welded. The arch enclosure shall comprise top supports and an arched upright of 1" pipe and spoked infill of 1" tube, all solid welded. For models that have the Nature Arch enclosure, enclosure shall comprise two top supports and arched upright of 1" pipe solid welded. Brackets of 11 ga. galvanized sheet steel are stitch welded to the 1" pipe frame. Boards of 1" x 5.5" recycled plastic and wood composite are fastened to the frame with Fastener Style A hardware. All models shall contain Fastener Style A hardware. xCLIMBING POLE/BUMPER LADDER/SPIRAL CLIMBER/CLIFF CLIMBER/TRAP DOOR CLIMBER shall each be used as an entry to or an exit from a deck. The cliff climber side rails and rungs shall be constructed of 1" pipe, formed, drilled and all solid welded construction, with an extension tube constructed of 1-1/4" pipe, 10 ga. The trap door climber pole shall be formed 1-1/4" pipe. The "U" shaped rungs shall be formed 1" pipe. The extension shall have a 3/8" aluminum insert. The climber shall be a welded assembly. The climbing pole shall be constructed of 1" pipe, 12 ga. The spiral climber shall be constructed of 1" pipe, formed, drilled and all solid welded construction with plastic pipe plugs inserted in open ends. For the Tots' Choice system, the spiral climber center pole shall be constructed of 1" pipe, formed, drilled and all solid welded construction with plastic pipe plugs inserted in open ends and the spiral shall be constructed of 1" tube and shall be attached to the center pole by means of six spacers, also constructed of 1" tube. The assembly shall be solid welded. The bumper ladder shall be constructed of Rockite bumpers supported internally by a pole constructed of 1" pipe, 10 ga. Each bumper shall measure 18" high x 19" wide. The Kids’ Choice arch enclosure assembly shall consist of top supports, a bottom support, and an arched upright, which shall be constructed of 1" pipe, formed, mashed, and punched, with vertical infill of 3/4" x 1" oval tube. The Tots’ Choice arch enclosure shall comprise two top supports and infill of 1" tube and a climbing pole support and arch support of 1" pipe, all solid welded. Kids’ Choice arch enclosure for split decks shall consist of top rails, a receiver tube, an arched upright and outer upright, which shall be constructed of 1" pipe, drilled, formed and mashed, and vertical spokes which shall be constructed of 3/4" x 1" oval tube. The enclosure assembly shall be solid welded. Enclosure shall measure 55” in width and 62” in height. All enclosure assemb lies shall have an extension tube of 1" pipe, 10 ga. Enclosure assemblies shall be solid welded. For models with the nature arch enclosure, enclosure shall comprise two top supports and arched upright of 1" pipe solid welded. Brackets of 11 ga. galvanized sheet steel are stitch welded to the 1" pipe frame. Boards of 1" x 5.5" recycled plastic and wood composite are fastened to the frame with Fastener Style A hardware. The sleeve support shall be constructed of 1-1/4" pipe, 10 ga., solid welded to the arch. The cliff climber, trap door climber, climbing pole, spiral climber, bumper ladder pole, and enclosure assembly shall have a Mira-Cote finish. The Rockite bumpers shall have color molded in. xTWISTER CLIMBER shall be a deck-mounted rung climbing challenge that twists 90 degrees from ground level to 5’, 6’-6” or 8’ heights for Kids’ Choice, or 5’ or 6’ deck heights for Tots’ Choice and Tots’ Choice Expansion. Climber assembly shall comprise an upright, lower side rail, upper side rail, end rail, and tee frame assembly of 1" pipe, with 10 climbing rungs of 1" pipe Gator Grip. Rungs shall measure (ascending) 34-1/8", 34-3/16", 34-1/16", 33-3/4", 33-3/4", 34-3/8", 33-3/4", 33-11/16", 33", and 32-5/8". Climber bracket shall be constructed of 7 ga. sheet. Enclosures shall each comprise a handhold of 1" pipe Gator Grip, 37-5/16" in length and a spoke of 3/4" x 1" oval tube, 34-9/16" in length. The tee frame shall be constructed of 2-3/8" tube, 12 ga. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The enclosures, tee frame and climber assembly shall have a Mira-Cote finish. xFLOWER STAND, THRUWAY, WIDGET PANELS The panels shall be constructed of Mira-Lene ™. The panels shall be supported between posts by tops and bottom rungs (as required) of 1” pipe, each with two tabs of 11 ga. A-60 Galvannealed sheet, solid welded. Flower Stand Panel: In addition to above panel materials, panel shall feature Mira-Lene ™ flower accents fastened to the panel. Seats shall be supported with tabs of 7 ga. A-60 Galvannealed sheet, bent. Thruway Panel: In addition to above panel materials, panel shall feature a combination of 1/4” and 1/2” HDPE interactive accents fastened to the panel. The panel shall attach to the panel bracket with a tab of 7 ga. A-60 Galvannealed sheet. Widget Play Panel: In addition to above panel materials, panel shall feature a combination of perforated 11 ga. A-60 Galvannealed sheet, 1/2” HDPE, and marble accents fastened to the panel. Posts: The posts shall be comprised of 5” tube or 3 1/2" tube, 11 ga. or 13 ga. wall thickness. All model fasteners: Page 91 of 143 Panel assemblies shall contain Versalok Fasteners. All hardware shall be Fastener Style A. Finishes (unless otherwise stated): The rungs, clamps, and other steel frames and accents shall have a Mira-Cote ™ finish. xIMAGINATION PANELS and Activity Panels are deck-mounting representational activity panels that are designed to enhance imagination and creative play. Welcome panels are decorative and display the intended user age range. Vehicle-themed panels feature steering wheel assemblies. The Piston Panel and Gear Panel contain dynamic, user-driven parts sealed behind a transparent, tamper-resistant cover. The Sliding Tile Panel contains 15 routed, moveable tiles with one empty space challenging users to shift the tiles into proper sequence. The Calypso 3-Drum Panel allows musical expression, that may be struck with the hands to create different sounds. The panels shall be constructed of Mira-Lene with all corners rounded. Panels shall measure 36-1/2" x 40". In addition to the above materials and specifications, gear panel shall contain a clear polycarbonate cover mechanically fastened over two side-by-side sets of 1/4" thick gears, to be constructed of high-density polyethylene, which shall turn on nylon bushings, except for black nylon handles and drive gears which shall turn on bronze bushings. Its opposite side shall contain side-by-side routed finger mazes. Piston panel shall contain a cover, gears, and knob as described herein, and connecting rod and piston shapes of 1/4" thick high- density polyethylene as well. Its opposite side shall contain routed designs. In addition to material and specifications detailed in "panels" paragraph above, sliding tile panel shall contain 15 moveable, tongue-and-groove tiles with routed numerals constructed of 1/4" thick high-density polyethylene. In addition to material and specifications detailed in "panels" paragraph above, calypso 3 drum panel shall contain 3 rotational molded drums of low density polyethylene resin. Each drum is attached to the panel through a cover plate constructed of 11 ga. galvanized steel sheet with a Mira-Cote finish. In addition to material and specifications detailed in “panels” paragraph above, museum pin panel shall contain polystyrene high impact static cylinders in red and blue and ½” stainless steel rods. In addition to material and specifications detailed in “panels” paragraph above, museum washer panel shall contain ½” stainless steel acme threaded rod. In addition to material and specifications detailed in “panels” paragraph above, museum washer panel shall contain ½” stainless steel acme threaded rod. In addition to material and specifications detailed in “panels” paragraph above, museum zoetrope shall contain the weldment for the spinner event which shall be constructed of SHST HR 4.5mm (7 ga.) and 1215 steel. The rung brackets shall be constructed of 1" pipe with bolting tabs of 11 ga. A-60 Galvannealed sheet, all solid welded. The steering wheel on vehicle-themed panels shall be constructed of a high density polyethylene produced from high performance U.V. stabilized rotational molding grade resins with a comprehensive additive package. These resins are tested in accordance with ASTM testing procedures D-1505, D-1248, D-1693 (b), D-638, D-790 and D-746. Resin's properties shall exhibit a balance of toughness, rigidity, environmental stress crack resistance and excellent low temperature impact performance. Wall thickness shall be 1/8". The steering wheel hub cover shall be constructed of injection molded polypropylene which shall contain U.V. light stabilizers. Model 714-714-11 4 X 4 Panel shall contain two side-by-side steering wheels for cooperative play. Themed for Space Ship Panel, star brackets will be constructed of 11 ga. HRPO steel and powder coat painted. Each assembly shall contain Versalok Fasteners and Fastener Style A hardware. The panels and steering wheels shall have molded-in color. Each panel assembly shall have a two-colo r scheme. The rung brackets and clamps shall have a Mira-Cote finish. The following information is for below deck panels: The panels shall be constructed of Mira- Lene with all corners rounded. Panels shall measure 36-1/2" x 40" and shall contain routered designs in several themes. The panel shall be supported between posts by top and bottom rungs of 1" pipe, each with two tabs of 11 ga. A-60 Galvannealed sheet, solid welded. In addition to material and specifications detailed in "panels" paragraph above, calypso 3-drum panel shall contain 3 rotational molded drums of low density polyethylene resin. Each drum is attached to the panel through a cover plate constructed of 11 ga. galvanized steel sheet with a Mira-Cote finish. In addition to the above materials and specifications, gear panel shall contain a clear polycarbonate cover mechanically fastened over two side-by-side sets of 1/4" thick gears, to be constructed of high-density polyethylene, which shall turn on nylon bushings, except for black nylon handles and drive gears which shall turn on bronze bushings. Its opposite side shall contain side-by-side routed finger mazes. Piston panel shall contain a cover, gears, and knob as described herein, and connecting rod and piston shapes of 1/4" thick high-density polyethylene as well. Its opposite side shall contain routed designs. In addition to material and specifications detailed in "panels" paragraph above, sliding tile panel shall contain 15 moveable, tongue-and-groove tiles with routed numerals constructed of 1/4" thick high-density polyethylene. In addition to material and specifications detailed in "panels" paragraph above, store panel shall contain brackets holding the counter panel on constructed of 7ga. glv bent sheet steel. In addition to material and specifications detailed in “panels” paragraph above, model museum pin panel shall contain polystyrene high impact static cylinders in red and blue and ½” stainless steel rods. In addition to material and specifications detailed in “panels” paragraph above, museum washer panel shall contain ½” stainless steel acme threaded rod. In addition to material and specifications detailed in “panels” paragraph above, museum zoetrope shall contain the weldment for the spinner event which shall be constructed of SHST HR 4.5mm (7 ga.) and 1215 steel. The rung brackets shall be constructed of 1" tube with bolting tabs of 11 ga. A-60 Galvannealed sheet, all solid welded. The steering wheel on vehicle-themed panels shall be constructed of a high density polyethylene produced from high performance, U.V. stabilized rotational molding grade resins with a comprehensive additive package. These resins are tested in accordance with ASTM testing procedures D-1505, D-1248, D-1693 (b), D-638, D-790 and D-746. Resin's properties shall exhibit a balance of toughness, rigidity, environmental stress crack resistance and excellent low temperature impact performance. Wall thickness shall be 1/8". The steering wheel hub cover shall be constructed of injection molded polypropylene which shall contain U.V. light stabilizers. Model 718-714-11B shall contain two side-by-side steering wheels for cooperative play. Themed for Space Ship Panel, star brackets shall be constructed of 11 ga. HRPO steel and powder coat painted. Each assembly shall contain Versalok Fasteners and Fastener Style A hardware. The steering wheel and two-color panels shall have molded-in color. The rungs, clamps, and steel panel shall have a Mira-Cote finish. Page 92 of 143 xMIRA-THERM2 SQUARE TRANSFER POINTS shall be designed to assist disabled users gain access to and egress from a deck system. The stair assembly shall be constructed of 11 ga. steel stringers solid welded to 11 ga. steel sheet decking that is perforated in a staggered pattern of 3/8” diameter holes at 5/8” apart center-to-center. Approximate dimensions of stair assembly shall be 26” overall width, 14” deep step tread and 8” high step rise. The 26” square (approximate) transfer point shall be constructed of 11 ga. steel sheet folded to form approximately 3” high sidewalls. The decking shall be perforated as described above. It shall be reinforced with cross braces of 3/16” x 2” HR flat solid welded. The bottom step shall be constructed of 11 ga. steel sheet (with folded edges) perforated as described above. The step shall be approximately 26” wide by 14” deep by 6- 1/2” high. Kids’ Choice deck enclosures shall be constructed of formed 1" pipe, including a welded upright of the same material. Tots’ Choice deck enclosures shall be constructed of 1" pipe and a formed and welded upright of 1" tube. Each deck enclosure assembly shall be drilled for field assembly of a stair handrail and shall have its bottom end mashed and punched for field assembly to deck. Stair handrail assemblies shall be welded upper and lower handrails of formed 1" pipe. Closed handrails shall contain vertical uprights of 3/4" x 1" oval tube welded within. Swaged handrail extensions for field assembly to handrails shall be constructed of 1" pipe. A transfer deck handrail constructed of formed 1" pipe shall be field assembled to one handrail newel upright and transfer point deck edge. Models designed for assembly to 5’ and 6’ or 6’-6” decks shall contain handrail sleeve supports constructed of 1-1/4" pipe, 10 ga. The “U”-shaped transfer step handrail shall be formed 1" pipe, drilled for field assembly to transfer point deck and bottom step. Its apex shall be 36-1/8” from finished grade. The rung leg shall be 1" pipe with ends mashed and punched for field assembly to bottom step. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The stairs, bottom step, and transfer point deck shall be finished in Mira-Therm2 or Mira-Therm2 PE. The deck enclosures, handrails, extensions, sleeves, leg and clamps shall be finished in Mira-Cote. xWAVE ROOFS act as an attractive roof to provide shade to your system. Roof and Post Topper shall be constructed of Rockite. Post Weldment shall comprise an angle plate, cape and plate of 3 mm galvanized sheet, a tube support of RDTB ILG 60.3 mm x 2.7 mm, a 12.5 mm diameter steel rod roof support and a swage constructed of RDTB ILG 127.0 mm x 3.0 mm. The assembly shall use Fastener Style A hardware. xCHAMELEON II SLIDE SYSTEM shall feature interchangeable bedway sections to present maximum versatility in design configuration. The componentized, open bedway slide assembly may be attached to 2'-6" - 8' decks. The bedway sections, entry panel and exit section shall be constructed of double wall Rockite with a 18" bedway and 13-3/4" high sidewalls. The entry panel shall be supported by a rung of 1" pipe. The "T" front leg shall be constructed of 1.5" X 16 ga. square tube and a bracket of 7 ga. galvanized sheet steel. Support legs shall be constructed of 1.66 OD x 13 ga. tube and a mounting bracket of 7 ga. sheet, solid welded. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The rung, front leg, support legs and leg brackets shall have a Mira-Cote finish. The Rockite slide sections shall have color molded in. xCHAMELEON II SPIRAL SLIDES shall feature narrower canopy and bedway sections and can be attached to 8' and 9' decks. The bedway sections, entry panel and exit section shall be constructed of double wall Rockite. Enclosure shall be constructed of 3/4" x 1" x 15 ga tube and 3 mm galvanized sheet. The front leg shall be constructed of 1.5" X 16 ga. square tube and a bracket of 7 ga. galvanized sheet steel. Support legs shall be constructed of 1.66 OD x 13 ga. tube and a mounting bracket of 7 ga. sheet, solid welded. Shall be constructed of 7 ga. galvanized sheet steel, solid welded. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The rung, front leg, enclosure supports, support legs and leg brackets shall have a Mira-Cote finish. The Rockite slide sections shall have color molded in. xMIRA-THERM2 ATA STAIRS BETWEEN DECKS shall be stair assemblies, with spoked or open handrails, designed to connect decks of different heights. The steps shall be constructed of 7 ga. steel stringers with treads constructed of 11 ga. steel sheet perforated with a staggered pattern of 3/8” diameter holes at 5/8” apart center-to-center, solid welded, with polyvinyl coating. The braces shall be constructed of 11 ga. black. The spoked handrails shall consist of a top and bottom rail and newel post, all of 1" pipe, and uprights constructed of 3/4" x 1" oval tube, all solid welded, with plastic pipe plugs inserted in open ends. Top rails shall have 3/8” aluminum inserts. The open handrails shall consist of a top and bottom rail and newel post of 1" pipe, all solid welded, with plastic pipe plugs inserted in open ends. Top rails shall have 3/8” aluminum inserts. The top deck enclosure shall consist of enclosure rails and an upright, both to be constructed of 1" pipe, drilled and solid welded, with one end of upright mashed for field attachment to deck. The bottom deck enclosure shall consist of horizontal rails and an upright of 1" pipe, drilled and solid welded, and a spoke upright of 3/4" x 1" oval tube. The upright shall be mashed on one end for field attachment to deck. Inserted in open ends will be plastic pipe plugs. The assembly shall include Fastener Style A hardware and Versalok Fasteners. The step assemblies shall be finished in Mira-Therm2 or Mira-Therm2 PE. The deck enclosures, handrails, and clamps shall be finished in Mira-Cote. xWAVE BARRIERS are designed to provide fall protection on Kids' Choice Deck systems. The barrier shall comprise a frame with uprights and rungs of 1.315" O.D. x 14 ga. galvanized, embossed tubing, fully welded. Brackets of 11 ga. galvanized sheet steel are stitch welded to the tubing to complete the frame. Top Barrier shall be Mira-Therm. The barrier shall comprise a frame with uprights and rungs of 1.315" O.D. x 14 ga. galvanized, embossed tubing, fully welded. Brackets of 11 ga. galvanized sheet steel are stitch welded to the tubing to complete the frame. Top Barrier shall be Mira-Therm. Mesh shall be constructed of galvanized welded wire, 0.224" dia. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The frame and clamps shall have a Mira-Cote finish. The Top Barrier shall be available in Mira-Therm finishes. xMINI CITY PLAYHOUSES are designed to be enjoyed by children of all abilities, including autism, developmental delays and those that use mobility devices. Children can use their imagination, improve strength, agility and mobility. The steel frame shall be constructed from 2" square tube, 16-gage galvanized steel tubing, 1/4" steel plates. The steel frame (sensory garden wall, traffic light) shall be constructed from 12-gage and 14-gage galvanized steel. The steel roof/end walls shall be constructed from 12-gage galvanized steel plate. The stairs shall be constructed from 12- gage steel coated with durable, thermoplastic coating. The deck platform shall be constructed from 12-gage steel coated with durable, thermoplastic coating. The rope shall be 16mm rope with aluminum connector. The steel crawl tube shall be constructed from 14-gage galvanized steel, 8-gage galvanized steel, 1-1/4" pipe, 13-gage galvanized steel tubing. The steel climber shall be constructed from 1-1/2" pipe, 13-gage galvanized steel tubing, 8-gage and 1/4" steel plate. The plastic slide shall be 1/2" Mira-Lene bedway, 3/4" Mira-Lene sides. The plastic steps/seat shall be 3/4" textured Mira-Lene. The plastic walls/ends/panels shall be 3/4" Mira-Lene. The plastic tire shall be Rockite.The skylight (chattery) shall be 1/4" Koda XT. The skylight ( playhouse, chattery) shall be 3/16" screen printed Lexan. The castings shall be 319 aluminum. The finishes shall be in Mira- Page 93 of 143 Cote. All fastening hardware shall be Fastener Style A. The shelves shall be constructed from 12-gage steel. The graphic panels shall be 1/4" fiberglass signs. The dog door/belt bridge shall be 3/8" Flextread. The colored lenses shall be 1/8" acrylic colored panels with 3/16" Lexan covers. xMIRACLE MACHINES playevents are designed to be enjoyed by children of ages. They feature sensory-rich details with fun auditory feedback. Interactive gears and levers at a variety of heights and reach ranges provide children of varying abilities with a real play ch oice. The Miracle Machines play events may be freestanding, clustered or grouped with other Miracle Machines, and Miracle Museum play events. The frame weldments shall be constructed of tube 3.500 OD x 11 ga galvanized with sheet steel 3.0mm thick (11ga) galvanized welded to it. The supports shall be constructed of 1" pipe gator grip. Footings for bolt down version will be made from plate 7.9mm thick and welded to the main frame. For inground, the bolt on legs shall be constructed of 5" 11ga pipe with a 7.9mm plate welded to it. The structure shall be constructed from 3/4" sheet laminated HDPE, with a 1/8" sheet of polycarbonate on the outsides. The insides of the panel shall be constructed of 3/4" and 1/4" mira-lene routed panels, bronze bushings, 1” square galvanized pipe and stainless-steel balls. The frame shall have a Mira-Cote™ Finish. xSADDLE SEAT shall be an amazing spinning component that supports the principles of inertia by keeping kids spinning merely by use of body weight. Entire assembly shall measure 66 5/8" in height, 18 5/8" in width and 16 13/16" in length. The Seat shall be constructed of rotomolded Rockite which shall be contoured for comfort and include water drain holes. Hand grips shall be molded into the sides. Post Assembly parts - spindle shaft shall be fully welded to a spacer constructed of 3/8" A36 hot rolled steel plate, which shall be fully welded to a post constructed of 3 1/2" x 13 ga. galvanized steel tubing. A base plate of 11 ga. galvanized sheet steel shall be welded to the bottom of the post to facilitate installation and retain the post in the concrete footing. Model 945-1 post assembly shall have a 10° bend. Hub Spindle assembly shall comprise a 2,500 lb. capacity industrial trailer hub with tapered roller bearings. Bearings shall be packed with grease prior to assembly and protected against contaminants through an elastomeric seal around spindle shaft. All fastening hardware shall be Fastener Style A. The Rockite seat shall have color molded in. The post assembly and exposed hub surfaces shall be finished in Mira-Cote. xRISK MANAGEMENT SIGN is intended to inform the parents and children that adult supervision is recommended, along with smart play on the equipment in the play area. Sign shall be constructed of fiberglass embedded, gloss finish, 0.125" thick. Steel frame shall be 2-3/8" OD 12 gauge galvanized steel tubing, 13 gauge galvanized steel sheet for mounting sign, and 3/8" thick hot rolled steel base plate on each leg. Extension tube shall be 2.375 12GA GLV-IL X 24' tube round. Hardware shall be stainless steel that requires tooling to install or remove. Frame shall have a Mira- Cote finish. xWELCOME SIGN The Welcome Sign displays the age range of intended users in English, French Canadian/English (CSA) and Spanish with single or doubled sided posts. Sign posts, each, shall be constructed of 3-1/2” tube, 13 ga., 1-5/8" tube and plate of 12ga. A-60 Galvannealed sheet and solid welded. The sign panel shall be a fiberglass embedment sign with an approximate graphics area of 23" and approx. 0.09" thick. This sign will have a tensile strength of 12,000 psi, a compressive strength of 20,000 psi, a flexural strength of 18,000 psi, an impact strength of 6 ft.lbs/inch notch, a barcol hardness of 50 and a modulus of elasticity of 2,000,000 psi. The sign shall have an excellent resi stance to mild acids, a fair resistance to alkalis and an excellent resistance to solvents. The assembly shall container Fastener Style A hardware. Sign posts shall have a Mira-Cote finish. xSURFER shall be a bouncing, wobbling coil spring component that encourages children to develop imagination, balance and motor skills while “surfing” the waves. The rider body shall consist of a Rockite mold measuring 24-7/8" in length, 16-1/4" in width and 6-11/16" in height. Surfer shall have 5 pre-drilled 7/16" bolt holes and one 9/16" vent hole in its center. Surfer's top surface shall have a criss-cross tread design etched into the Rockite to deter slipping. The coils spring shall be 3/4" steel wire, consisting of eight 5-1/2" O.D. coils, with a free height of approximately 13". The coil spring shall have a spring rate of 650 lbs./inch and shall be secured to the base plates by Spiral-Loks constructed of cast iron. Bolting Board Plate shall be constructed of 1/4" black ASTM-36 sheet pre-drilled with five 7/16" bolt holes and one 9/16" vent hole, and a center 'keyhole' to lock in carriage bolt during installation. Bolting Spring Plate shall be constructed of 1/4" black ASTM-36 sheet predrilled with three 11/32" inch holes, one 9/16" vent hole, and overlapping center "keyholes" to lock in carriage bolts during installation. A bolting pin shall be solid welded to bolting spring plate and shall measure 2" in length. The base weldment shall comprise an anchor plate of 1/8" x 2" flat sheet, a top plate of 1/4" black sheet, and a center tube constructed of 5" tube, all solid welded. All fastening hardware shall be Fastener Style A. The Rockite body shall have color molded in. The coil spring and Spira-Loks shall be finished in Mira-Cote. Bolting plates are zinc plated. xINCLUSIVE WHIRL is a classic style whirl designed for ADA accessibility, containing one ADA compliant parking space and a single seat for kids or caregivers. Inclusive Whirl decking is level with surrounding surfacing, allowing easy access via wheel chair. Rotating base weldment is comprised of 2-3/8" x 1/8" thick square steel and 3/16" rolled angle steel. The rotating platform is supported by four, 100mm (4") diameter caster wheels for smooth operation. Two (2) layer decking system designed to reduce surface temperature of the platform on installations in warmer climates. The lower layer is comprised of 14ga. solid sheet steel. The upper layer is comprised of 14 ga. perforated sheet steel. Hand rail weldment is constructed of 1.66 OD 13 ga. galvanized steel tube. Seat is comprised of anti-slip 3/4" thick HDPE sheet plastic. All hardware is 18-8 stainless steel tamper resistant. In-ground footer frame weldment is comprised of 3" x 3" 11 ga. square steel tubing. Decking upper layer shall be finished in Mira-Therm. Rotating base, decking lower layer, hand rail, and footer frame shall be finished in Mira-Cote. xARCH BASKET SWINGS shall consist of arch weldments and headers which assemble to form a swing frame. Basket swing included. For models with 3-1/2” diameter arch posts, Arch weldments shall consist of the arch and stub(s). Arches shall be constructed of 3-1/2” tube, 11-gauge. Stubs shall be constructed of 4" tube, 7-gauge. The stub(s) shall be solid welded to the arches. For models with 5” diameter arch posts, Arch weldments shall consist of the arch and stub(s). Arches shall be constructed of 5” tube, 11-gauge. Stubs shall be constructed of 4" tube, 7-gauge. Page 94 of 143 The stub(s) shall be solid welded to the arches. For all models, the header shall be constructed of 3-1/2" tube, 8 gauge. Ropes shall be constructed of 16mm diameter, steel reinforced nylon braided rope with a galvanized foundation steelwork. Mounting hardware shall be stainless steel. All hardware shall be Fastener Style A. The arches and header shall be finished in Mira-Cote. Chain shall be 5/0 straight link coil chain. xARCH SWING FRAMES 3.5” (inground and bolt down) shall consist of arch weldments and header weldments which assemble to form a swing frame. Swings must be ordered separately. Arch weldments shall consist of the arch and stub(s). Arches shall be constructed of 3-1/2” tube, 11-gauge. Stubs shall be constructed of 4" tube, 7-gauge. The stub(s) shall be solid welded to the arches. The header weldment shall consist of the header and bushing housings. The header shall be constructed of 3-½" tube, 8-gauge. The header shall have bushing housings welded to it with oil- impregnated bushings installed after painting. The clevises shall be cast of ductile iron grade 60-40-18. All fastening hardware shall be Fastener Style A. The arches and header shall be finished in Mira-Cote. The clevises shall be zinc plated. xGENERATION SWING SEAT is a Rockite seat molded to form a double-sided swing, one side a tot swing design and the other for an adult. xSWING SEATS shall reference one of the following in Miracle’s “Glossary of Technical Data for Materials, Processes and Finishes”: Slashproof Seat, 360 Degree Slashproof Tot Seat, Inclusive Swing Seat or Generation Swing Seat. x SIGNATURE SERIES 6' & 8' BENCH WITH & WITH OUT BACK EXPANDED METAL & PERFORATED - PORTABLE, INGROUND & SURFACE MOUNT shall have heat fused poly-vinyl coating, finished on inner-metal structure, to an approximate 3/16" thickness. Framework assemblies are finished with powder coating; electrostatically applied and oven cured according to powder manufacturer's specifications. Fasteners are stainless steel to resist corrosion. BENCH FRAME: Main supports are constructed of 2 3/8" od x 12 gage structural steel tub ing. Braces are 1" od x 15 gage structural steel tubing. Mounting brackets on legs are 1/4" x 2' steel flat bar or 10 gage sheet steel. Base plates are 1/4" plate steel. SEATS: Seat and back uses 3/4" #9 expanded steel mesh and 12 gage sheet steel for the perforated. Framing consists of die formed 10 gage mitered angles 3/4" x 1 3/4". Center brace and mounting brackets are 1/4" x 1 1/2 " steel flat bar. GENERAL: 6' bench, ground space requirements are; inground and surface mount without back is 10 3/8" x 72 3/8", with back is 19 5/8' x 72 3/8", portable without back is 18 1/8" x 72 3/8", with back is 23 3/16" x 72 3/8". Seats are 10 3/8" wide x 72 3/8" long, 19" to top of seat and 31 3/4" to top of bench. Corner radius is 3" to the outside. 8' Bench ground space requirements are; inground and surface mount without back is 10 3/8" x 96 3/8", with back is 19 5/8 x 96 3/8", portable without back is 18 1 /8" x 96 3/8", with back is 23 3/16" x 96 3/8". Seats are 10 3/8' wide x 96 3/8' long, 19" to top of seat and 31 3/4" to top of bench. Corner radius is 3" to the outside. Technical Data for Processes and Finishes of the Highlighted Items x4/0 straight link coil chain is trivalent zinc finish with a 670-pound working load limit. All chain shall be manufactured to ASTM A467-86A Class CS specifications. x5/0 straight link coil chain is trivalent zinc finish with a 880-pound working load limit. All chain shall be manufactured to ASTM A467-86A Class CS Specifications. xMira-Therm2 coated chain is a welded chain with links sufficiently wide to allow them to pass one another freely, eliminating the tendency to kink. The links are low carbon zinc plated steel with a polyvinyl chloride coating. xVersalok Fasteners (R) are cast aluminum alloy. Each fastener consists of two die cast aluminum alloy "half ring" pieces, which were designed to fasten onto the round posts by use of a male/female interlock. For 3-1/2" post, outside dimension of the completed fastener (joined "half-rings") is 5". For 5" post, outside dimension of the completed fastener is 6-1/2". Rungs and components connect to clamps on posts by means of die cast aluminum alloy, two-piece socket receptors which may be assembled to a previously-installed clamp ring and secured to the clamp and component by set screws (and tek screws in some cases). Decks connect to clamps on posts by means of die cast aluminum alloy, one-piece deck support castings. The clamp assembly and socket receptor have a Mira-Cote finish. Kids’ Choice components with 2-3/8" tube, 12 ga. mounting points attach to 5” posts using aluminum alloy sand cast header supports. x3-1/2" round end cap is die cast aluminum alloy. x5" round end cap is die cast aluminum alloy. xFastener Style A is a corrosion resistant, 18-8, stainless steel, vandal resistant fastener. xfiberglass components are sprayed-up isophthalic molding resin with fiberglass reinforcements. The resins and fiberglass are tested in accordance with ASTM D-790, D-38-0651 and D-638. All sprayed up fiberglass components have a Gelcoat finish which is molded in during the spray up process. xFlextread is a .375” (.95cm) thick, 2-ply performance-woven mesh with a high-quality rubber/nitrile blend. Breaking strength of 21,120 lbs. (9579kg) per 12” width. Non-marking, odorless and textured for excellent grip when wet. Page 95 of 143 xGATOR GRIP (TM) is a three-dimensional textured pattern exclusive to Miracle, embossed in steel to a depth of .014” to .017”. xKoda XT is a polycarbonate resin designed for exterior architecture and featuring superior impact strength, formability and high-temperature resistance. xA-60 Galvannealed indicates that a coating of .60 ounces of zinc per square foot alloyed with substrate steel has been applied on each surface side. xMira-Cote (TM) is a Super Durable formulation of a polyester powder coating finish that is applied to a thickness of 3-5 mil. This finish gives metal parts long term protection from chipping, fading and peeling. Miracle's finishing system washes the metal parts with detergent and etches the metal for optimum adhesion. The part is then rinsed clean with water. Next the part is coated with a non-chromic sealer and dried. The Mira-Cote powder is then applied electrostatically to the metal part. The metal parts are then baked at a high temperature to fuse a hard, smooth durable finish to the metal. Mira-Cote has an impact value of 160 in. lbs., flexibility value of 180 degree-1/4" mandrel, shore hardness value H and a crosshatch adhesion of 100%. Mira-Cote is tested in accordance with ASTM D-792, D-523, D-2794, D-1737, D-3363, D-3359 (b), B117 and D-2247. xMira-Lene (TM) is compression-molded, 3/4" thick, high density polyethylene that has been specifically formulated for optimum U.V. stability and color retention. Compression-molded products have a density of .952 g/cm3 per ASTM D1505 and tensile strength of 3900 PSI per ASTM D638. xMira-Therm2 PE is a non-toxic copolymer polyethylene coating applied to a thickness of 1/16”. Mira-Therm2 PE contains U.V. light stabilizers , anti-microbial additives and color pigments. Mira-Therm2 PE contains no orthopthalates or other banned substances. Mira-Therm2 PE is a proprietary brand of PE coating. Materials are tested in accordance with ASTM D-638, ASTM D-412, ASTM D-2240 and ASTM D-1004. Mira- Therm2 PE meets the FMVS 302 flammability rating, the requirements of California State Law and the 2008 CPSI Act. x1" pipe is GATOR GRIP embossed 14 ga., 1" pipe sized tube (1.315" OD; approx. 1-5/16" OD.) x1" pipe, 10 ga. is 10 ga., 1" pipe sized tube (1.315" OD; approx. 1-5/16" OD.) x1" pipe, 12 ga. is 12 ga., 1" pipe sized tube (1.315" OD; approx. 1-5/16" OD.) x1-1/4" pipe is 13 ga., 1-1/4" pipe sized tube (1.660" OD; approx. 1-11/16" OD.) x1-1/4" pipe, 10 ga. is 10 ga., 1-1/4" pipe sized tube (1.660" OD; approx. 1-11/16" OD.) x1-1/2" pipe is 13 ga., 1-1/2" pipe sized tube (1.900" OD; approx. 1-7/8" OD.) xplastic pipe plugs are injection molded polypropylene containing U.V. light stabilizers. xRockite (R) (Rotational Molded Polyethylene) is a low-density polyethylene produced from high performance, U.V. stabilized rotational molding grade resins with a comprehensive additive package. These resins are tested in accordance with ASTM testing procedures D-1505, D-1248, D- 1693(b), D- 638, D-790 and D-746. Resin's properties exhibit a balance of toughness, rigidity, environmental stress crack resistance and excellent low temperature impact performance. Wall thickness of molded components is 3/16" to 1/4". xSlashproof Seat is a flexible flat single strap seat with end attachment points and an exterior surface of blue EPDM rubber. Models with chain have two segments of 4/0 straight link coil chain to suspend the swing from a swing frame header. The Slashproof seat is constructed of a 4" wide inner steel insert of type 301 stainless spring steel, 0.020" thick. The Slashproof seat is 26" long (excluding mounting triangles) x 5" wide x 5/8" thick at the front and rear leading cushion edges. The rubber molded to the steel core is 70 durometer blue EPDM. At each end, a 16 ga. galvanized steel clip 3" wide is attached by three stainless steel rivets through the clip and seat subassembly. A 3/8" diameter galvanized steel mounting triangle is encompassed by the steel clip at each end of the seat. For Model # 284-74, the lower 30" of the chain is finished in Mira-Therm2. x360 Degree Slashproof Tot Seat is a flexible seat fabricated into a configuration of a wide strap under and through the bottom, a wide strap running completely around at the top, and two (2) interconnecting straps at the front and rear of the seat for complete enclosure of the small user. The exterior surface is blue EPDM rubber. Models with chain have two segments of 4/0 straight link coil chain to suspend the swing from a swing frame header. The 360-degree tot seat is constructed of a one-piece die cut 0.020" thick, martinsitic spring steel insert with 70 durometer blue EPDM rubber, 1/4" thick, molded to the insert. The main seat strap is 5" wide, the back strap is 4" wide, and the front strap is 2" wide. The two (2) places where the straps are interconnected and form the suspension points for the seat are held by a clip and grommet system. The clip is 4" wide 16 ga. galvanized steel. There are two grommets per clip, each of which is 3/4" O.D. by 14 ga. wall galvanized steel tube, flared to securely attach the clip to the seat. The two (2) mounting triangles are secured to the seat by clips and are made from 3/8" steel round stock, formed and galvanized. For Model # 299-74, the lower 30" of the chain is finished in Mira-Therm2. Page 96 of 143 xGeneration Swing Seat is a Rockite seat molded to form a double-sided swing, one side a tot swing design and the other for an adult. Models with chains have two chains to suspend the swing from a swing frame header. The chain assembly is fabricated from 4/0 straight link coil chain. The Rockite seat has molded-in color. All hardware used is Fastener Style A except for the spacer collar which is aluminum. xInclusive Swing Seat is constructed of Rockite seats molded to form a chair. Models that are 8’ or 10’ with chains each have two chains to suspend the swing from a swing frame header. The attached seat is a reinforced polyurethane rubber bumper. The sliding latch mechanism is constructed from 6061 machined aluminum. The chain assembly is fabricated from 4/0 straight link coil chain. The chain is manufactured to ASTM A467-86A Class CS specifications. All rubber surfaces are EPDM. The Rockite seats have molded-in color. All exposed metal surfaces are bright zinc plated. The clevises are zinc plated. The chain has a Mira-Therm coating. xsquare tube is fabricated of 1010 hot rolled, Flo-Coat, galvanized tube manufactured from steel, cold formed and high frequency induction welded continuously. It conforms to ASTM A-513 and ASTM A-500 and is tested in accordance with ASTM E-8. The minimum mechanical properties of the tube are yield strength of 50,000 p.s.i. and tensile strength of 55,000 p.s.i. x3/4" x 1" oval tube is 15 ga. wall. It is fabricated of 1008 hot rolled, Flo-Coat, galvanized tube manufactured from steel, cold formed and high frequency induction welded continuously. It conforms to ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. The minimum mechanical properties of the tube are yield strength of 50,000 p.s.i. and tensile strength of 55,000 p.s.i. x2" square tube is 12 ga., 2" square tube. x1" tube is 1" OD, 15 ga. fluted round tube. It conforms to ASTM A-500. x2-3/8" tube, 12 ga. is 2-3/8" OD, 12 ga. round tube. It conforms to ASTM A-500. x3-1/2" tube, 13 ga. is 3-1/2" OD, 13 ga. round tube. It conforms to ASTM A-500. x5" tube is 5” OD, 13 ga. round tube. It conforms to ASTM A-500. x5" tube, 11 ga. is 5" OD, 11 ga. round tube. It conforms to ASTM A-500. xwelded refers to welds that are made by certified welders, tested in accordance with AWS D1.1-94, structural welding code specifications for steel. Welds conform to AWS A5.17 ASME SFA-5.17 EML3K and AWS A-5.18ER70S-3 ASME SFA-5.18 ER70s-3 LE332- C and LE-559-L. xSpecification Policy: Specifications were current at the time of publication. Miracle Recreation Equipment Company has a policy of ongoing product improvement and therefore reserves the right to modify specifications or discontinue products without notice. Page 97 of 143 Miracle® Limited Warranty 878 E Highway 60 / Monett, Missouri, USA 65708 / Miracle-Recreation.com USA 888-458-2752 CANADA 866-516-0245 INTERNATIONAL +1 417-235-6917 Miracle Recreation Equipment Company is a PlayPower, Inc. company. Copyright ©2020 by PlayPower, Inc. All rights reserved. 20_MREC_Warranty_191209 • 191209 ® Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below. Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties: 1.LIMITED WARRANTY FOR AS LONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, VersaLok® fastening system, cast aluminum parts, and associated fastening hardware. 2.LIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below. 3.LIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, Shadesure™ and Colourshade FR fabrics (Note Exception: Limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, Zesty Lime, Cinnamon, and Olive.) 4.LIMITED EIGHT (8) YEAR WARRANTY: • Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, UV deterioration and defects in materials and workmanship (Note Exception: Limited Three (3) Year Warranty for fabric in shades of red). 5.LIMITED FIVE (5) YEAR WARRANTY: • Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PVC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products. • Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating). 6.LIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards. 7.LIMITED ONE (1) YEAR WARRANTY: • Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products. BUYER'S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle® in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle® may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle® unless authorized by Miracle® to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle® may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non-conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. LIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle® or a Miracle® authorized reseller, and are not transferable. Warranties apply only to Miracle® products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle® maintenance and operational instructions. Warranties specifically do not cover Miracle® products: • for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber; • that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle® parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God. Miracle® does not warrant that any particular color will be available for any specific period of time, and reserves the right, its sole discretion, to discontinue any color for any reason. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFICT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. Page 98 of 143 Holder Identifier : 7777777707070700077763616065553330770407467205575507553017663515103073773545365130120760735554267745207724715572154530075263264670777750725154575147775307631511560577021077727252025773110777777707000707007 6666666606060600062606466204446200622000406026202206202204062260200062220060402400020622200406206202006202006262042200062200240422400020622220604004202206222206040060220066646062240664440666666606000606006Certificate No :570108749096CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/02/2024 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. St. Louis MO Office 4220 Duncan Avenue Suite 401 St Louis MO 63110 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 12203James River Insurance CompanyINSURER A: 12262Pennsylvania Manufacturers' Assoc Ins CoINSURER B: 36897Manufacturers Alliance Ins CoINSURER C: 31127Columbia Casualty CompanyINSURER D: 19489Allied World Assurance Company (US) IncINSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Playpower Holdings, Inc. 11515 Vanstory Drive #100 HUNTERSVILLE NC 28078 USA COVERAGES CERTIFICATE NUMBER:570108749096 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X XX GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $300,000 $10,000 $1,000,000 $2,000,000 $2,000,000 $500,000SIR A 10/01/2024 10/01/2025 SIR applies per policy terms & conditions 000959655 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X X BODILY INJURY (Per accident) $1,000,000C10/01/2024 10/01/2025 CA 152400 0652321AB 10/01/2024 10/01/2025 AOS $1,000 Ded. Collision COMBINED SINGLE LIMIT (Ea accident) 152400 0652321B $1,000 Ded. CompX EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 $10,000 10/01/2024UMBRELLA LIABE 10/01/202503140086 RETENTIONX X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ER PER STATUTEB10/01/2024 10/01/2025 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 2024750652321 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. The Excess Liability policy is endorsed with a Blanket Additional Insured Endorsement. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEPlaypower Holdings, Inc. 11515 Vanstory Drive, Suite 100 Huntersville NC 28078-6417 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Page 99 of 143 AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: 570108749096 570108749096 Aon Risk Services Central, Inc. 570000052633 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Playpower Holdings, Inc. TYPE OF INSURANCE POLICY NUMBER LIMITS EXCESS LIABILITY D 7040440664 10/01/2024 10/01/2025 Aggregate $5,000,000 Each Occurrence $5,000,000 01 Excess Liab$5M xs $5M ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 100 of 143 Named Insured Schedule AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: Aon Risk Services Central, Inc. 570000052633 570108749096 570108749096 Page _ of _ Playpower Holdings, Inc. PlayPower Inc. (First named insured) Additional Named Insureds Play Holdings Inc. PlayPower, Inc. PlayPower Holdings, Inc. PlayPower Finance, Inc. Miracle Recreation Equipment Company, Inc. E-Z Dock, Inc. Kid Play, Inc. Soft Play, L.L.C. PlayPower LT Farmington, Inc. Play Design International SARL PlayWorld Systems, Inc. PlayWorld Preferred, Inc. Playtime LLC No Fault LLC ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 101 of 143 878 E Highway 60 / Monett, Missouri, USA 65708 / Miracle-Recreation.com USA 888-458-2752 CANADA 866-516-0245 INTERNATIONAL +1 417-235-6917 Miracle Recreation Equipment Company is a PlayPower, Inc. company. Copyright ©2021 by PlayPower, Inc. All rights reserved. 21_MREC_Colors • 210209 ® Color Choices Red Lime Forest GreenTropical Yellow Yellow ChartreuseOrange Green LavenderBurgundy PlumSkyTeal Cyan Blue Cobalt Beige White Brown Light Gray Brownstone Graystone Dark Brown Gray Black (Roofs Only) ROCK-ITE® PLASTIC COLOR CHOICES Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels. MIRA-LENE™ PANEL COLOR CHOICES Red-Sand Plum-Sand Beige-Forest Green Beige-Red Beige-Gray Gray-Black Black-WhiteWhite-BlackDark Brown-Sand Red-Yellow Yellow-Sand Yellow-Blue Yellow-Black Orange-Sand Lime-Sand Forest Green-Sand Blue-Sand Blue-Yellow Cobalt-Sand Red Lime Forest GreenTropical Yellow Yellow ChartreuseOrange Green White Brown Light Gray Sand Silver Dark Brown Metallic Gray Black (Posts & Clamps Only) Beige Lavender PlumAzureTealBlueCobalt MIRA-COTE® POWDER-COATED PAINTED METAL COLOR CHOICES Posts, Arches, Swings and Accents (Railings & Climbers). ANTI-MICROBIAL PAINTED METAL COLORS This proprietary treatment helps prevent bacterial mold, algae growth and stains. Yellow Habanero Rainforest Desert Dunes GrayOrangeMediterranean Safari Mahogany White Burgundy Page 102 of 143 878 E Highway 60 / Monett, Missouri, USA 65708 / Miracle-Recreation.com USA 888-458-2752 CANADA 866-516-0245 INTERNATIONAL +1 417-235-6917 Miracle Recreation Equipment Company is a PlayPower, Inc. company. Copyright ©2021 by PlayPower, Inc. All rights reserved. 21_MREC_Colors • 210209 ® Color Choices SHADESURE™ FABRICS PASSES: NFPA 701 / ASTM-E84 COLOURSHADE® FR FABRICS PASSES: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Navy Blue 90% shade factor 94% UV factor Chocolate 92% shade factor 93% UV factor Blue 80% shade factor 85% UV factor Royal Blue 86% shade factor 94% UV factor Cinnamon 92% shade factor 93% UV factor Green 80% shade factor 85% UV factor Laguna Blue 91% shade factor 96% UV factor Arizona 84% shade factor 92% UV factor Yellow 80% shade factor 89% UV factor Turquoise 83% shade factor 92% UV factor Desert Sand 80% shade factor 92% UV factor Red 80% shade factor 86% UV factor Rain Forest 89% shade factor 96% UV factor Terracotta 84% shade factor 90% UV factor Terracotta 75% shade factor 82% UV factor White 57% shade factor 86% UV factor Olive 89% shade factor 95% UV factor Sunflower Yellow 70% shade factor 94% UV factor Desert Sand 80% shade factor 92% UV factor Silver 88% shade factor 93% UV factor Zesty Lime 84% shade factor 92% UV factor Electric Purple 83% shade factor 91% UV factor Silver 80% shade factor 81% UV factor Black 95% shade factor 96% UV factor Page 103 of 143 878 E Highway 60 / Monett, Missouri, USA 65708 / Miracle-Recreation.com USA 888-458-2752 CANADA 866-516-0245 INTERNATIONAL +1 417-235-6917 Miracle Recreation Equipment Company is a PlayPower, Inc. company. Copyright ©2021 by PlayPower, Inc. All rights reserved. 21_MREC_Colors • 210209 ® Color Choices Red Hunter Green Royal Blue SandBrown Dark Gray TEXTURED MIRA-THERM™ COLOR CHOICES Mira-Therm™ coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm™ 2 (vinyl) or Mira-Therm™ PE (polyethylene)–based coatings with anti-microbial enhancements. Yellow Hunter Green Sand BlackRed Royal Blue MIRACLE SWING SEAT COLORS FURNISHING COLOR OPTIONS Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs. Powder Coat Only BrownBlue CharcoalGreen Red Sand WhiteBlack Powder Coat and Plastisol Perforated Diamond SITE FURNISHING PATTERNS Slat and Rib patterns (not shown) available in select site furnishing products. Milwaukee Brown RECYCLED PLASTIC COLORS Cedar Page 104 of 143 878 E Highway 60 / Monett, Missouri, USA 65708 / Miracle-Recreation.com USA 888-458-2752 CANADA 866-516-0245 INTERNATIONAL +1 417-235-6917 Miracle Recreation Equipment Company is a PlayPower, Inc. company. Copyright ©2021 by PlayPower, Inc. All rights reserved. 21_MREC_Colors • 210209 ® Color Palettes ENERGY MOTHER EARTH OCEAN PRIMARY SPRING ISLAND OASIS NAUTICAL PATRIOTIC SAHARA EARTH TONE Beige Sand Forest Green Green Metallic Gray Dark Gray Silver Chartreuse Teal Blue Sand Beige Green Blue Sand Beige Orange Blue Sand White Teal Red White Blue Beige Brown Forest Green Sand Blue Red Yellow Green Sand Yellow Forest Green Royal Blue Cobalt Cyan Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration. Actual colors in catalog may vary due to four color printing process. Page 105 of 143 From:Ryan Ruzek To:Meredith Lawrence Subject:FW: Support for Option #3 in Ivy Falls Playground Renovation Date:Thursday, April 24, 2025 11:44:42 AM For you From: Judd Fenlon <jfenlon@grandrea.com> Sent: Thursday, April 24, 2025 11:10 AM To: Stephanie Levine <SLevine@mendotaheightsmn.gov>; Sally Lorberbaum <SLorberbaum@mendotaheightsmn.gov>; John Maczko <JMaczko@mendotaheightsmn.gov>; John Mazzitello <JMazzitello@mendotaheightsmn.gov>; Joel Paper <JPaper@mendotaheightsmn.gov> Cc: Ryan Ruzek <RRuzek@mendotaheightsmn.gov> Subject: Support for Option #3 in Ivy Falls Playground Renovation Dear Mayor and Councilmembers, I hope this message finds you well. First, I’d like to express my appreciation for the city’s commitment to community engagement and thoughtful planning, as demonstrated in the Ivy Falls Playground renovation process. It’s clear that significant planning has gone into designing four excellent proposals, and I commend you for seeking public input to guide the final decision. As someone who had the pleasure of working with several of you during the development of the Linden/Copperfield project in 2022, I’ve seen firsthand the dedication you bring to creating inclusive, forward-thinking spaces for all residents. That spirit of inclusion is why I am writing today to advocate strongly for Option #3 as the selected design for the new Ivy Falls Playground. My nephew lives just a few doors down from Ivy Falls and has mobility restrictions that limit his ability to use most traditional playground equipment. Option #3 stands out for its exceptional accessibility features, offering inclusive play elements that allow children of all abilities to participate and engage fully. Where other designs may unintentionally create barriers, Option #3 opens doors. Choosing this option isn’t just about accommodating one child — it’s about making a clear statement that Mendota Heights values inclusion. It says to families with children of varying abilities that they are seen, welcomed, and supported in our public spaces. It also ensures that siblings, friends, and classmates can play side-by- side, strengthening community bonds from a young age. All four options are impressive, but only one provides the level of accessibility that truly serves the full diversity of the neighborhood. I hope you will give strong consideration to Option #3, not only for what it offers to current residents like my nephew but for the legacy it will create for generations of families in Ivy Falls. Page 106 of 143 Thank you again for your leadership and dedication. I’m excited to see this project come to life! Sincerely, Judd Fenlon Grand Real Estate Advisors 651-492-1741 Page 107 of 143 PLAYGROUND #1—Midwest Playscapes The Ivy Hills Playground will provide an exciting and inclusive play experience for children ages 2-5 and 5-12. Featuring a mix of dynamic play structures, the design includes multiple slides, climbers, and interactive panels that encourage adventure and physical activity. A rope bridge and hammock connector add unique climbing challenges, while the accessible whirl ensures inclusive play for all abilities. The swings include traditional belt seats, a basket seat, and tot seats for varied experiences. The playground is designed with safety in mind, incorporating poured-in-place rubber surfacing and ADA-compliant features. With a thoughtfully planned layout, this space will inspire active and imaginative play for children of all ages. Page 108 of 143 Page 109 of 143 Page 110 of 143 Page 111 of 143 Page 112 of 143 PLAYGROUND #2—Northland Recreation The design Northland Rec submitted incorporates a towered structure that is accessible for all ages with 8” steps going from the ground to the top 18’ deck. Kids love it, parents and grandparents love it because they can access the complete structure without climbing ropes or crawling through tunnels. Highlights: o Giant 360 degree tunnel slide off 18’ deck o SkyBuilder has enclosed decks a￿er 8’ high o Rubber mats under swings, slides and spinner o Suspended crawl tunnel o 2-5 play area with climbers, slide and ground level play o Accessible swing o Communication board o Upper body events and balance pods on the NRG structure The design also offers a ground level accessible spinner that allows children in wheelchairs to access without leaving their wheelchair. Page 113 of 143 Page 114 of 143 Page 115 of 143 Page 116 of 143 Page 117 of 143 PLAYGROUND #3—Webber Recreation (1) Key features include the Inclusive Whirl, Rube Goldberg Miracle Machine, and Communication Panel set in rubber surfacing, fostering inclusive play for children of all abilities. The Inclusive Whirl is built level to the ground and accommodates up to two wheelchairs easily. The Rube Goldberg play piece, Curiosity Thrilled the Cat, encourages cause-and-effect learning through diverse outcomes. The Mini City line, designed with input from child development experts, offers whimsical designs accessible to children with autism, developmental delays, and mobility needs. For ages 2-5, the Mini City play structure and Truck cater to smaller bodies with caregiver access. The 5-12 play structure features ADA-compliant tall decks accessible via rubber surfacing, boasting challenging climbers. Swing options include ADA, Parent/Child, two belts, and an inclusive multi-user seat. Page 118 of 143 Page 119 of 143 Page 120 of 143 Page 121 of 143 Page 122 of 143 PLAYGROUND #4—Webber Recreation (2) The Diamond Cyclo Cone spinner combines spinning with physical, cognitive, imaginative, and social play for children of all ages and abilities. Rube Goldberg pieces promote interactive cause-and-effect learning and teamwork. My Cup of Tea encourages creative play by guiding objects to a cup using accessible wheels. In Goooaaal, children develop motor skills and strategic thinking by scoring goals with manipulative elements. The Miracle Museum Grand Gallery offers inclusive design for wheelchair users, focusing on STEAM/STEM-based learning. A Communications Panel facilitates easy interaction. Age-specific play structures (2-5 and 5-12) feature slides and climbers suited to different abilities. The 5-12 structure includes two tiers with accessible lower levels and HUGE slides on the upper level. Swing options include ADA, Parent/Child, two belts, and a multi-user seat. Page 123 of 143 Page 124 of 143 Page 125 of 143 Page 126 of 143 Page 127 of 143 This page is intentionally left blank 9.b REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Resolution 2025-29 to Establish June as Gun Violence Awareness Month ITEM TYPE: Presentation DEPARTMENT: Police CONTACT: Kelly McCarthy, Police Chief ACTION REQUEST: Approve Resolution 2025-29 establishing June as Gun Violence Awareness Month BACKGROUND: In October of 2024, City Council voted to support gun violence awareness and prevention by approving the 2020 Project. The goal of the project is to raise awareness of the fact that in 2020, firearms became the leading cause of death for youth in our country. Along with awareness of the issue, the Police Department is taking proactive steps to make it easy for staff and citizens to securely control their firearms when not under their immediate control. In addition to subsidized gun safes for officers, the Police Department provides free gun locks to anyone and an informational packet to anyone applying for a permit to purchase a firearm. I am before you today to ask that the Council reaffirm its commitment to community safety by approving the included resolution to establish June as Gun Violence Awareness Month in the City of Mendota Heights. FISCAL AND RESOURCE IMPACT: No known fiscal impact. The funds for promotional materials, literature creation and dissemination were provided by a $2,500 grant from the Chiefs of Police Foundation. ATTACHMENTS: 1.Resolution Establishing June as Gun Violence Awareness Month CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 128 of 143 2020 Project A RESOLUTION ESTABLISHING JUNE AS GUN VIOLENCE AWARENESS MONTH WHEREAS, every day, more than 100 Americans are killed by gun violence, with many more wounded, resulting in a public health crisis that impacts communities across the United States, including Mendota Heights; and WHEREAS, gun violence impacts people of all ages and backgrounds and contributes to a significant loss of human potential and security; and WHEREAS, June is chosen as Gun Violence Awareness Month in honor of those who have lost their lives and those who have been impacted by gun violence, and to recognize the efforts of all those working to reduce gun violence; and WHEREAS, Wear Orange is observed on the first Friday in June to honor the life of Hadiya Pendleton, a 15-year-old Chicago student who was tragically killed in 2013, and to promote awareness around the issue of gun violence; and WHEREAS, the color orange symbolizes the value of human life and is worn by millions across the country who advocate for a future free from gun violence; and WHEREAS, Mendota Heights residents and organizations have consistently demonstrated a commitment to the safety and wellbeing of their community by supporting sensible policies that aim to reduce gun violence; and WHEREAS, by observing June as Gun Violence Awareness Month, the City of Mendota Heights seeks to honor and remember all victims and survivors of gun violence and to bring heightened awareness to its prevention; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Mendota Heights does hereby declare June as Gun Violence Awareness Month in the City of Mendota Heights, and encourages residents to promote community awareness and engagement in efforts to prevent gun violence. BE IT FURTHER RESOLVED, that the City of Mendota Heights will encourage its residents to Wear Orange on the first Friday in June in support of a future free from gun violence, and to honor those whose lives have been affected by it. Passed and adopted by the City Council of Mendota Heights, Minnesota, this 20th day of May 2025. MENDOTA HEIGHTS POLICE DEPARTMENT 1101 Victoria Curve ∙ Mendota Heights, MN 55118 NON-EMERGENCY (651) 452.1366 ∙ FAX (651) 452.2995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2025-29 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST _______________________ Nancy Bauer, City Clerk Page 129 of 143 9.c REQUEST FOR CITY COUNCIL ACTION MEETING DATE: May 20, 2025 AGENDA ITEM: Resolution 2025-28 Calling for a Public Hearing on an Easement Vacation for Lot 6 and 7, Block 1 of the Mendota Heights Industrial Park ITEM TYPE: New and Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Resolution 2025-28 calling for a public hearing on an easement vacation request by petition. BACKGROUND: The city of Mendota Heights received a petition for vacating drainage and utility easements on Lot 6 & 7, Block 1, Mendota Heights Industrial Park. An exhibit of the property is attached which shows the easement areas that were dedicated and obtained. Endeavor Development is under contract to purchase the property at 1315 Mendota Heights Road. The applicant has submitted plans for redevelopment of this site. The proposed site layout relocates an existing pond to an adjacent area on site where a reconfigured pond will be located. The Lot 6 & 7, Block 1 parcel proposed for redevelopment also has reconfigured utility layouts which do not align with the previously dedicated utility easements. A petition was received to vacate the existing drainage and utility easements for a water service line. New easements will be granted to the city for the proposed storm water treatment device. The property owner will also enter into a private watermain agreement with St. Paul Regional Water authority for the proposed water supply lines. The stormwater easement was acquired by the City of Mendota Heights in 1994 by purchasing approximately 62,931 square feet of easement at $1.80/square foot for $113,275.80 through a former TIF district. The city then constructed the current storm water pond in 1998. The proposed easement contains approximately 52,200 square feet resulting in a net reduction of around 10,000 square feet of purchased easement. The Council should direct staff on which options the city chooses to proceed with the vacation: Page 130 of 143 Option 1 – No interest in vacating the easement and keep the pond in its current configuration. The pond will need dredging in the near future estimated to cost $100-$150K. Option 2 – Allow the relocation of the pond but maintain the existing 62,931 feet in area for the reconfigured pond. Option 3 – Allow the relocation of the pond to a reduced easement footprint but require compensation for the reduced area. This option is further complicated by the original use of TIF Funds and respective payments would need to be provided to the County and School District. Option 4 – Allow the relocation of the pond to a reduced footprint with the city receiving benefit from not having to proceed with a future pond dredging project and a higher assessable value of the new building. Notices will be sent to all properties within the Mendota Heights Industrial Park plat and all properties within 350 feet of the property if not already included in the plat. FISCAL AND RESOURCE IMPACT: The Mendota Heights fee schedule includes a required $500 application fee to cover mailing, recording fees and staff time. ATTACHMENTS: 1.Res 2025-28 Call for Public Hearing - Mendota Heights Industrial Park Easement Vacation 2.EXHIBIT A - Water Easement Vacation 3.EXHIBIT B - Stormwater Easement Vacation 4.Petition to Vacate 5.Cobalt Business Center - Civil Plans - 05.09.2025 6.Cobalt Business Center Pond Reconfiguration Plan 5-9-25 CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Environmental Sustainability & Stewardship Page 131 of 143 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2025-28 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION FOR LOT 6 & 7, BLOCK 1, MENDOTA HEIGHTS INDUSTRIAL PARK WHEREAS, the City Council, pursuant to Minnesota Statute §412.851, desires to vacate certain drainage and utility easements on Lot 6 & 7, Block 1, Mendota Heights Industrial Park, Dakota County, Minnesota; and NOW, THEREFORE, BE IT RESOLVED, the Mendota Heights City Council will consider the vacation of easements and a public hearing shall be held on such proposed vacation on the 17th day of June, 2025, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 6:00 p.m. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this twentieth day of May, 2025. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY________________________________ ATTEST Stephanie B. Levine, Mayor BY_________________________ Nancy Bauer, City Clerk Page 132 of 143 MENDOTA HEIGHTS RDENTERPRISE DRDate: Dwg Name: Design File: DE MT 4000651 Checked By: Drawn By: 1" = 100' Scale: WATER ESM VAC EXHIBIT 5/8/25 MENDOTA HEIGHTS INDUSTRIAL PARK WATERMAIN EASEMENT VACATION EXHIBIT MENDOTA HEIGHTS, MINNESOTA 733 Marquette Ave, Ste 700 Minneapolis, MN 55402 612.758.3080 612.758.3099 www.alliant-inc.com MAIN Alliant Engineering, Inc. FAX EASEMENT VACATION AREA SHEET 1 OF 2 SHEETS EXHIBIT A Page 133 of 143 Date: Dwg Name: Design File: DE MT 4000651 Checked By: Drawn By: 1" = 100' Scale: MENDOTA HEIGHTS INDUSTRIAL PARK WATERMAIN EASEMENT VACATION EXHIBIT MENDOTA HEIGHTS, MINNESOTA 733 Marquette Ave, Ste 700 Minneapolis, MN 55402 612.758.3080 612.758.3099 www.alliant-inc.com MAIN Alliant Engineering, Inc. FAX Watermain Easement Vacation Description Vacating the permanent watermain easement per Document No. 2338919, on file and of record in the Office of the County Recorder, Dakota County, Minnesota, described as follows: Perpetual easements for watermain purposes over, under, and across that part of the following described property: Lots 6 and 7, Block 1, Mendota Heights Industrial Park, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota. Which lies within the perpetual easements for watermain purposes described as follows: A strip of land 30.00 feet in width over Lots 6 and 7, Block 1, Mendota Heights Industrial Park, according to said plat on file and of record in the office of the County Recorder, Dakota County, Minnesota, the centerline of which is described as follows: Commencing at the Southwest corner of said Lot 6; thence North 89 degrees 50 minutes 27 seconds East, an assumed bearing along the South line of said Lot 6, a distance of 368.43 feet to the point of beginning of said centerline to be hereinafter described; thence North 03 degrees 23 minutes 13 seconds East, a distance of 12.03 feet; thence North 15 degrees 51 minutes 25 seconds East, a distance of 55.17 feet to a point to be hereinafter referred to as “Point A”; thence continuing North 15 degrees 51 minutes 25 seconds East, a distance of 145.57 feet; thence North 73 degrees 26 minutes 41 seconds West, a distance of 33.16 feet and said line there terminating. Said strip of land is to extend by its full width from said South line of Lot 6 to a line which bears North 16 degrees 33 minutes 19 seconds East and passes through said point of termination. And also: A strip of land 30.00 feet in width, over that part of said Lots 6 and 7, the centerline of which is described as follows: Beginning at said above described reference "Point A”; thence South 73 degrees 30 minutes 28 seconds East, a distance of 53.77 feet; thence North 90 degrees 00 minutes 00 seconds East, a distance of 151.33 feet; thence North 67 degrees 33 minutes 39 seconds East, a distance of 40.31 feet; thence North 01 degrees 38 minutes 34 seconds West, a distance of 103.71 feet; thence North 00 degrees 04 minutes 14 seconds West, a distance of 241.04 feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of 17.97 feet and said line there terminating. Said strip of land is to extend by its full width from the East line of said first above described perpetual easement to a line which bears North 00 degrees 19 minutes 00 seconds West and passes through said point of termination. WATER ESM VAC EXHIBIT 5/8/25 SHEET 2 OF 2 SHEETS Page 134 of 143 MENDOTA HEIGHTS RDENTERPRISE DRDate: Dwg Name: Design File: DE DE 4000651 Checked By: Drawn By: 1" = 100' Scale: ESM VAC EXHIBIT 5/5/25 MENDOTA HEIGHTS INDUSTRIAL PARK EASEMENT VACATION EXHIBIT MENDOTA HEIGHTS, MINNESOTA 733 Marquette Ave, Ste 700 Minneapolis, MN 55402 612.758.3080 612.758.3099 www.alliant-inc.com MAIN Alliant Engineering, Inc. FAX Drainage and Utility Easement Vacation Description Vacating the permanent drainage and utility easement for storm water purposes described in Document No. 1386087, on file and of record in the Office of the County Recorder, Dakota County, Minnesota, as being located over, under, and across that part of Lot 6, Block 1, Mendota Heights Industrial Park, according to the recorded plat thereof, said county, described as follows: Beginning at the southwest corner of said Lot; thence North 89 degrees 50 minutes 27 seconds East, a distance of 355 feet along the south property line of said Lot; thence North 00 degrees 17 minutes 13 seconds West 15.00 feet; thence North 55 degrees 54 minutes 45 seconds West 26.65 feet; thence North 00 degrees 17 minutes 13 seconds West 60.00 feet; thence North 59 degrees 50 minutes 27 seconds West 386.27 feet to the west line of said Lot; thence South 00 degrees 17 minutes 13 seconds East, a distance of 285 feet along said west line to the point of beginning. EASEMENT VACATION AREA EXHIBIT B Page 135 of 143 1 Ryan Ruzek From:Evan Mattson <evan@endeavorshield.com> Sent:Friday, May 9, 2025 2:30 PM To:Ryan Ruzek; Sarah Madden Cc:Mark Kronbeck; Dan Sjoblom Subject:Cobalt Business Center | Easement Vacation Application Attachments:Cobalt Business Center - Civil Plans - 05.09.2025.pdf; Cobalt Business Center Pond Reconfiguration Plan 5-9-25.pdf; Easement Descriptions and Vacations.zip Hi Ryan and Sarah, I am sending this email to serve as our formal request to vacate/terminate the storm pond and watermain easement located at 1315 Mendota Heights Road, Mendota Heights, MN to facilitate the development of Cobalt Business Center. Attached to this email are civil plans, a storm pond relocation analysis and easement descriptions/exhibits. Please let me know if you have any questions or need anything else for this application. We are happy to provide it. We are looking forward to working with the City of Mendota Heights and presenting information on the redevelopment at the May 20 th City Council meeting. Thank you and enjoy your weekend! Evan Evan Mattson Development Manager 200 Southdale Center Minneapolis, MN 55435 651.343.1118 www.endeavorshield.com Page 136 of 143 N89°52'24"E 881.26 N0°11'53"W 500.03N89°52'24"E 888.46 N0°15'16"W 423.94R=434.70 L=76.50 Δ=10°04'59" C.Brg=N5°17'45"W C=76.40 MENDOTA HEIGHTS RDENTERPRISE DR85485685886086286486686886686888 2 8 8 08788768748 7 2 87 08688668648 6 28608588 5 6 8 5 4852 848 850 852 854 856 858 860 84 8 85 0 85 2 85 4 85 6 85 8 86 0 862 864864 862862862852860850 8 5 0 870870872874 876 878880882884886890892874876878880882884868 864 862 860 866866866 SITE Lot 6, Block 1, MENDOTA HEIGHTS INDUSTRIAL PARK, Dakota County, Minnesota. AND That part of Lot 7, Block 1, MENDOTA HEIGHTS INDUSTRIAL PARK, lying South of the Easterly extension of the South line of Lot 5, Block 1, MENDOTA HEIGHTS INDUSTRIAL PARK, through Lot 7 to the East line of said Lot 7, Dakota County, Minnesota. (Abstract Property) PROPERTY DESCRIPTION 1.Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the property, unless already marked or referenced by existing monuments or witnesses to the corner are shown hereon. 2.Address of the property is 1315 Mendota Heights Road and indicated on map. 3.The property lies within Zone X (unshaded - areas determined to be outside the 0.2% annual chance floodplain) of Federal Emergency Management Agency (FEMA) Flood Insurance Community Panel No. 27037C0081E, effective December 2, 2011. 4.The area of the above described property is 440,946 square feet or 10.123 acres. 5.Contour lines depicted hereon are based on ground measurements and referenced to North American Vertical Datum of 1988(NAVD88). Benchmark: Top nut of Hydrant located at the southeast corner of subject property and has a elevation of 882.97 ft. 6(a). No zoning information provided. 7(a). Exterior dimensions of all buildings are shown at ground level. 8.Substantial features observed in the process of conducting fieldwork, are shown hereon. 9.There are 524 regular parking stalls and 13 handicapped parking stalls on site. 11(a). The locations of existing public utilities on or serving the property are depicted based on Gopher State One Call Ticket Nos. 250761178 & 250761125, available city maps, records and observed evidence locations. Lacking excavation, underground utility locations may not be exact. Verify critical utilities prior to construction or design 13.Names of adjoining owners are depicted based on Dakota County GIS tax information. 16.There was no observed evidence of earth moving work or building construction at the time of our field work. 17.We are not aware of any proposed changes in street right of way lines or observable evidence of recent street or sidewalk construction or repairs. TABLE A ITEMS The following are survey related exceptions set forth in Schedule B, Part II of the herein referenced Title Commitment: Item No. 12:Drainage and utility easements as shown on the recorded plat of Mendota Heights Industrial Park, recorded July 22, 1969, as Document No. 363029. Depicted on survey. NOTE: As evidenced by Declaration Vacating Private Easements dated October 3, 1978, recorded January 9, 1979, as Document No. 529936, all railway easements shown on the plat which were not dedicated as a public easement were vacated. Item No. 13:Declaration of Covenants by Northland Land Company, a Minnesota corporation, dated October 31, 1978, recorded December 21, 1978, as Document No. 528779. Affects property; not plottable. As amended by Amended, Extended and Restated Declaration of Covenants dated July 31, 1987, recorded August 6, 1987, as Document No. 799509. As affected by Waiver Letter dated May 3, 2004, recorded November 17, 2004, as Document No. 2268025. Affects property; not plottable. Item No. 14:Declaration of Covenants by The Northland Company, a Minnesota corporation, dated December 23, 1986, recorded January 15, 1987, as Document No. 762195. As amended by Amended, Extended and Restated Declaration of Covenants dated July 31, 1987, recorded August 6, 1987, as Document No. 799509. Affects property; not plottable. Item No. 15:Easement for drainage and utility for storm water purposes, together with any incidental rights, in favor of the City of Mendota Heights, a municipal corporation, as contained in the Easement Agreement, dated October 15, 1996, recorded November 6, 1996, as Document No. 1386087. Depicted on survey. Item No. 16:Memorandum of Ground Lease Agreement by and between CEC Investment LLC, as Landlord, and CEC Holdings LLC, as Tenant, dated September 30, 2004, recorded December 13, 2004, as Document No. 2275506. As affected by Limited Warranty Deed dated February 1, 2011, recorded May 3, 2011, as Document No. 2798820. Affects property; not plottable. Item No. 17:Terms, conditions, covenants, reservations, regulations and easements as contained in the Private Water Main Agreement, dated March 22, 2005, recorded July 12, 2005, as Document No. 2338919. Depicted on survey. Item No. 18:Terms and conditions as contained in the Resolution No. 10-103, Approving a Conditional Use Permit for a Restaurant and Cafe, recorded December 17, 2010, as Document No. 2773148. Affects property; not plottable. Item No. 19:Riparian rights of others in and to wetlands crossing or abutting premises. No wetland flags were observed in the process of conducting the fieldwork. SCHEDULE B, PART II EXCEPTIONS VICINITY MAP LEGEND 1.This survey and the property description shown here on are based upon information found in the commitment for title insurance prepared by First American Title Insurance Company National Commercial Services, file no. NCS-1253903-MPLS, dated March 13, 2025. 2.The south line of Lot 6, Block 1, MENDOTA HEIGHTS INDUSTRIAL PARK is assumed to have a bearing of N89°52'24"E 3.All distances are in feet. 4.The property has vehicular access to Mendota Heights Rd and Enterprise Dr, public rights of way, via curb cuts. NOTES To Endeavor Holdings, LLC, a Minnesota limited liability company and First American Title Insurance Company National Commercial Services: This is to Certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 5, 6(a), 7(a), 8, 9, 11(a), 13, 16 and 17 of Table A thereof. The field work was completed on April 17, 2025. Date of Plat or Map: __________________________________________ __________________________________________________________ Daniel Ekrem, Professional Land Surveyor Minnesota License No. 57366 Email: dekrem@alliant-inc.com CERTIFICATION Know what's below. Call before you dig. R Dial 811 FOR REVIEW ONLY PRELIMINARY NOT FOR CONSTRUCTION Sheet ofJOB NO.DRAWN BY:CHECKED BY:SCALEFIELD CREW:DATEDESCRIPTIONFIELD DATE:CLIENTDOCUMENTPROPERTY ADDRESSwww.alliant-inc.com 0 SCALE IN FEET 25 50 100 N File Location: X:\4000651-00\001\40 Design\00 Sheets - Survey\ALTA-ECON.dwg Plotted By: Mike Taverna on April 18, 2025 at 1:52:04 PM1315 MENDOTA HEIGHTS ROADMENDOTA HEIGHTS, MINNESOTA---- 4000651RS,DA,MN,RJ04/17/2025Review copy issued 04/18/2025 ENDEAVORJDT,MDT1"=50'DPEALTA-NSPS LANDTITLE SURVEY---- Page 137 of 143 850852852852852850848845856 854 852 850 848 846845844846838844 838 STORMWATER PONDPROPOSED BUILDING 622' x 280' 174,160 S.F. 20' FRONT PARKING SETBACK 40' YARD BUILDING SETBACK20' FRONT PARKING SETBACK40' YARD BUILDING SETBACK10' FRONT PARKING SETBACK30' YARD BUILDING SETBACK10' FRONT PARKING SETBACK 50' YARD BUILDING SETBACK FOR RE V I E W O N L Y PRELIM I N A R Y NOT FO R C O N S T R U C T I O N C-3.0COBALT BUSINESS CENTERCITY SUBMITTALSITE PLAN733 Marquette Avenue Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Suite 700 Know what's below. Call before you dig. R Dial 811 SITE NOTES: SITE LEGEND: SITE DATA: Page 138 of 143 8548568588608628648668688668688 8 08788768748 7 2 87 08688668648 6 28608588 5 6 8 5 4852 848 850 852 854 856 858 860 84 8 85 0 85 2 85 4 85 6 85 8 86 0 862 864864 862862862852860850 8 5 0 870870872874 876 878880882884886890892874876878880882884868 864 862 860 866866866 N89°52'24"E 881.26 N0°11'53"W 500.03N89°52'24"E 888.46 N0°15'16"W 423.94R=434.70 L=76.50 Δ=10°04'59" C.Brg=N5°17'45"W C=76.40 STORMWATER PONDPROPOSED BUILDING 622' x 280' 174,160 S.F.850852852852852850848845856 854 852 850 848 846845844846838844 838 FOR RE V I E W O N L Y PRELIM I N A R Y NOT FO R C O N S T R U C T I O N C-4.0COBALT BUSINESS CENTERCITY SUBMITTALGRADING PLAN733 Marquette Avenue Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Suite 700 LEGEND: GRADING NOTES: EROSION CONTROL SCHEDULE: EROSION MAINTENANCE: Page 139 of 143 STORMWATER PONDPROPOSED BUILDING 622' x 280' 174,160 S.F. FOR RE V I E W O N L Y PRELIM I N A R Y NOT FO R C O N S T R U C T I O N C-5.0COBALT BUSINESS CENTERCITY SUBMITTALUTILITY PLAN733 Marquette Avenue Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Suite 700 UTILITY NOTES: LEGEND STORM SEWER SCHEDULE: Page 140 of 143     File Location: X:\4000651-00\001\40 Design\45 Stormwater\HYDRO-X - 1998.dwg  Plotted By: Dan Sjoblom on May 2, 2025 at 1:08:13 PMKnow what's below. Call before you dig. R Dial 811 0 SCALE      IN      FEET 30 60 N W S E MENDOTA HEIGHTS, MN 551201315 MENDOTA HEIGHTS ROADEXISTING CITY POND - 1998 DESIGNCOBALTwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of     DAN SJOBLOM, PE 54821  I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.  05/02/2025  EDRN HYDROCAD MODEL EXISTING POND DESIGN SUMMARY: DEAD STORAGE: 57,123 CF LIVE STORAGE: 255,009 CF OUTLET: 12" RCP INV:848.70 LEGEND: DEAD STORAGE LIVE STORAGE Page 141 of 143 N89°52'24"E 881.26 N89°52'24"E 888.46 N0°15'16"W 423.94MENDOTA HEIGHTS RDENTERPRISE DR8548568588608628648 7 2 87 08688668648 6 28608588 5 6 8 5 4852 848 850 852 854 856 858 860 84 8 85 0 85 2 85 4 85 6 85 8 86 0 862 864864 862862862852860850 864 866866866 File Location: X:\4000651-00\001\40 Design\45 Stormwater\HYDRO-X.dwg Plotted By: Dan Sjoblom on May 2, 2025 at 1:07:08 PMKnow what's below. Call before you dig. R Dial 811 0 SCALE IN FEET 30 60 N W S E MENDOTA HEIGHTS, MN 551201315 MENDOTA HEIGHTS ROADEXISTING CITY POND - 2025COBALTwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. EDRN EXISTING POND DESIGN SUMMARY 1998: DEAD STORAGE: 57,123 CF LIVE STORAGE: 255,009 CF OUTLET: 12" RCP INV:848.70 2025 EXISTING HYDROCAD MODEL EXISTING POND ACTUAL 2025 SUMMARY: DEAD STORAGE: 51,296 CF LIVE STORAGE: 182,108 CF (EOF 1FT LOW) OUTLET: 12" RCP INV:848.70 LEGEND: DEAD STORAGE LIVE STORAGE DAN SJOBLOM, PE 54821 05/02/2025 Page 142 of 143 N0°15'16"W 423.94MENDOTA HEIGHTS RDENTERPRISE DR8548568588608608588 5 6 8 5 4852 848 850 852 854 856 858 84 8 85 0 85 2 85 4 85 6 85 8 86 0 862862862852860850 STORMWATER POND858852850852852852852862 860866850848845858856 854 852 850 848 846845844846838844 838 File Location: X:\4000651-00\001\40 Design\45 Stormwater\HYDRO-PRO.dwg Plotted By: Dan Sjoblom on May 2, 2025 at 2:39:48 PM0 SCALE IN FEET 30 60 N W S E MENDOTA HEIGHTS, MN 551201315 MENDOTA HEIGHTS ROADPROPOSED CITY PONDCOBALTwww.alliant-inc.com PROJECT TEAM DATA QA/QC CHECK DateBy CERTIFICATION Date License no.DATEDESCRIPTIONProject No.: Drafted By: Designed By: Sheet of DAN SJOBLOM, PE 54821 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 05/02/2025 PDRN HYDROCAD MODEL EXISTING POND DESIGN AND MODELING SUMMARY: DEAD STORAGE: 57,123 CF LIVE STORAGE: 255,009 CF OUTLET: 12" RCP INV:848.70 LEGEND: DEAD STORAGE LIVE STORAGE EXISTING POND ACTUAL 2025 SUMMARY: DEAD STORAGE: 51,296 CF LIVE STORAGE: 182,108 CF (EOF 1FT LOW) OUTLET: 12" RCP INV:848.70 PROPOSED POND  2025 SUMMARY: DEAD STORAGE: 96,003 CF LIVE STORAGE: 258,944 CF OUTLET: 12" RCP INV:845.0 NWL: 845.0 Page 143 of 143