Loading...
05 20 2025 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 20, 2025 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota, was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, Mazzitello, and Maczko were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. 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 h and i. a. Approval of May 6, 2025, City Council Minutes 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 £ Authorize Internal Posting for Public Works Maintenance Lead Position and the Resulting Department Vacancy g. Authorize the Signing of a Cost Share Agreement with Dakota County for New Election Hardware, Software, and Related Services i. Approve Rese'rz,.ti . i0225 27 Reeagnizing National Publn;e Wer:]Es Week j. Approve March and April Treasurer's Report k. Approval of Claims List Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS H) APPROVE AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS Councilor Maczko commented that this item is related to construction management and inspection with a cost of $176,000, which he believed to be too expensive to be on the Consent Agenda, Public Works Director Ryan Ruzek replied that there are estimations of professional costs, which are typically 20 percent. He explained that this project was spread over two years, and only the first year of this professional service was included, therefore, the amendment would add the second year of construction management and inspection. He stated that the amended total would be equal to 12.2 percent and explained the portion of costs that would be charged to St. Paul Regional Water Service. He provided more information on the total project cost and indirect costs. He stated that there would be an additional $125,000 in indirect costs related to the financing. He noted that with the high level of interest in rain gardens, a third party may be hired to provide that service. He confirmed that the project would remain within budget. Councilor Maczko moved to approve AMENDMENT TO PROFESSIONAL SERVICES CONTRACT FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 I) APPROVE RESOLUTION 2025-27 RECOGNIZING NATIONAL PUBLIC WORKS WEEK Councilor Mazzitello stated that from May 181h to the 2411, the nation recognizes Public Works Week. He commented on the great work that the Public Works Department provides to the community, which is often unrecognized. He thanked the Public Works Department of Mendota Heights as well as all other similar departments throughout the state and country. Councilor Maczko echoed those comments. He stated that Public Works provides a quality of life and the first impression of a community. He noted that they are the unsung heroes, the first to arrive in an emergency, and the last ones to leave. May �0, 2025, Mendota Heights City Council Page 2 of 17 Councilor Mazzitello moved to adopt RESOLUTION NO, 2025-27 RECOGNIZING NATIONAL PUBLIC WORKS WEEK. Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) NAME THE SNOWPLOW TRUCK SURVEY RESULTS Parks and Recreation/Assistant Public Works Director Meredith Lawrence provided background information on the process of naming the new snowplows and the related survey. The two new snowplows will be named Mendotasnowta and Saltimus Prime, Mayor Levine commented that the City has been transitioning to snowplows that use brine before snow occurs, which is more effective and better for the environment. She stated that these are not additional vehicles, but replacements. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) IVY HILLS PARK PLAYGROUND RECOMMENDATION Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained that the Council was being asked to approve a proposal from Webber Recreation (Miracle) for the replacement of the playground at Ivy Hills in the amount of $180,000, Councilor Lorberbaum asked for more information on the miracle machine referenced in the proposal. Parks and Recreation/Assistant Public Works Director Meredith Lawrence provided more information on the miracle machines. Councilor Lorberbaum commented that she does like the ADA accessibility and thanked the Parks and Recreation Commission for its thorough review, acknowledging that this park is for residents of all ages. She referenced the planned expansion of the container size and noted that the recommended proposal exceeds that amount. She asked if the additional expansion would occur to the north. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that the contractor used the map as a guide and would expand slightly more to the north. Councilor Maczko commented that originally, he had some concerns related to the replacement of the playground and what they would be getting in return for the cost. He took photographs of the playground today and did not find anything wrong with the equipment as it exists today. He stated that he would guess the playground is only a year or two old, and was amazed that it is 18 years old. He did not have an issue replacing something that was needed, but did not believe that the playground needed to be rY/ay 20, 2025, T9endota Heights Gry Comrcil Page 3 of 17 replaced and would like to see the maintenance records in support. He did not believe they were receiving an upgrade for the cost of $180,000 outside of the rubberized surface. He stated that he did watch the Park and Recreation Commission meeting and recognized the frustration of the Commission relating to the accessible feature. He stated that as an older person, he would not use a spinning feature. He was challenged to spend $180,000 for what appears to be little benefit. He stated that he fully supports accessibility for all but asked if there is another way they could do this. He referenced language on a park equipment inspection company website and asked if they could work with the City to revitalize the existing equipment without full replacement and would that be a better option. He noted a comment that he received from a resident who was concerned with the funds that would be spent and what would happen to the equipment that could perhaps be reused. He stated that he got the impression that the Commission was accepting this proposal because it provided the most accessibility, but that they were settling for this, and it was not the best option in their eyes. He stated that he would have a different view if the Park Commission had provided a strong feeling of support. Parks and Recreation/Assistant Public Works Director Meredith Lawrence recognized that seniors would most likely prefer the swing over the spinner, which was part of the Parks Commission discussion. She noted that the original recommendation from the Commission for the RFP was the requirement of an inclusive swing. She explained that the City Council changed the RFP to remove the requirement for the inclusive swing and changed that to require any inclusive item, including a merry-go-round. She explained that when the requirement for a swing is removed, they cannot expect that to be included in the proposals. She stated that staff review and inspect the playgrounds, completing the necessary maintenance. She stated that there is a certified playground inspector on staff to ensure that requirements are being met and that the equipment is safe. She commented that the Public Works department does not have the maintenance data as to when things are replaced or repaired, but they are looking to track that data in the future. She stated that even though the playground looks nice, it is starting to fail from a safety standpoint and therefore needs to be replaced to ensure safety moving forward. Councilor Mazzitello asked about the disposition of the current playground equipment and whether it could be repurposed. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the equipment could not be installed in another location as it does not meet the current safety standards. She stated that there are organizations that will take the equipment and send it to another country where the standards do not exist, but noted that this equipment will not qualify for that type of reuse. Councilor Paper stated that there was a QR code that was used and asked for the number of votes that were received from that source. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she did not have that information tonight, but perhaps the communication staff can gather that data. Councilor Paper commented that there was a robust number of voters and asked if those were unique voters or whether people could vote multiple times. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that this was not a scientific survey, as the City did not pay for that service, so a person could have voted more than once. Mny 20, 2025, Mendota Heights City Council Page 4 of 17 Councilor Paper commented that proposal two received an overwhelming number of votes and noted that while that concept does have the accessible spinner, there is no way to accessibly reach the spinner without pushing a wheelchair through woodchips. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the concept did score highly with teens due to the height of the tower, but the Commission also recognized that there is no accessible way to reach the spinning feature. She stated that for that reason, the Park Commission did not recommend moving forward with that proposal. She stated that the poured -in -place surfacing could be added to provide a path, but that would have an additional cost. She recognized that while woodchips are technically considered ADA compliant, in reality, it is not feasible for someone to push a wheelchair through that type of material. Councilor Paper asked about the cost to add the rubber surfacing, as that seems to be a reasonably short distance to the feature. He noted that over 50 percent of those providing input chose this option and that should be highly considered as the residents are the ones who will be using the playground. Parks and Recreation/Assistant Public Works Director Meredith Lawrence estimated the cost to add the poured -in -place surfacing to be $12,235 which would be above the $180,000 budgeted amount. Councilor Paper asked if the feature could be moved closer to the entrance to reduce that cost. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that it is her understanding that the placement of the feature provides the necessary use zone/fall area and therefore could not be moved closer to the entrance or other features. Councilor Paper asked if that would just be a walkway or whether it would also include turnaround space. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that it is her understanding that the walkway would look similar to proposal one. She recognized that poured -in -place pricing is expensive, noting that $29,700 of option three is the poured -in -place surfacing. Councilor Paper asked about the useful life of the rubberized surface. Parks and Recreation/AssistantPuMic Works Director Meredith Lawrence replied that there is poured -in - place surfacing at Mendakota Park. She commented that staff do complete some patching of the material as necessary, but the hope is that the material will last the same amount of time as the equipment, which would be ten to 15 years. Councilor Paper asked if the poured -in -place was replaced when the playground was refurbished. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she was not on staff at that time and therefore was unsure. Mali 20, 2025, Mendotn Heiglvls Ciry Council Page 5 oj17 Mayor Levine referenced the issue of shade, noting that there is an opportunity to look at additional tree planting. She noted that it has also been mentioned that teens like areas to hang hammocks. She asked whether trees could be planted to add shade, with a picnic table. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that she met with the Natural Resources Coordinator, and they do plan to add trees after construction is completed. She stated that staff will determine where the trees could be best situated to provide shade throughout the park. Councilor Lorberbaum asked how often the playgrounds are inspected. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that documented inspections occur once per month, but visual inspections are completed each time staff are at the site. She noted that they also receive notifications from residents when equipment is not working correctly, and they address those issues right away. Councilor Maczko asked for information on the boundary of the park property. Parks and Recreation/Assistant Public Works Director Meredith Lawrence identified the boundary of the park property. Councilor Mazzitello moved to approve A PROPOSAL FROM WEBBER RECREATION (MIRACLE) FOR THE REPLACEMENT OF THE PLAYGROUND AT IVY HILLS PARK IN THE AMOUNT OF $180,000. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Paper stated that he agrees that when you look at the playground, it looks to be in good shape, but also recognized the importance of listening to staff when things need to be replaced. He commented on the public engagement that was completed and was concerned that this recommendation did not match the option desired by the public. He appreciated the work of the Parks and Recreation Commission, but noted that sometimes the Council does not always agree with the recommendation of the Commission. He stated that he is of the mindset to make the option the community wanted more accessible. He could not understand how difficult it would be to push someone in a wheelchair through woodchips and would like to find a way to move forward with option two with a rubberized surface to make the feature truly accessible. Councilor Maczko appreciated the comments of Councilor Paper. He stated that, being an engineer, he cannot overlook his experience with the shape of the equipment. He agreed that option two seems to have more amenities than option three. He also could not believe woodchips are considered accessible. He stated that he agrees with replacing items that are worn out, but perhaps there would be an option to leave the playground as is and add an accessible swing for a lower cost. He asked the warranty of the current equipment, noting that the miracle product states that it has a lifetime warranty. He stated that $180,000 is a lot of money, and he did not see much they would be gaining with this option. He suggested that they perhaps go back and start over. Councilor Mazzitello stated that he agrees with the statement that $180,000 is a lot of money, which is why they have a budget and forecast improvements in the Capital Improvement Plan (CIP). He stated that Moy 20, 2025, Mendota Heights Crty Council Page 6 of ]7 he is also an engineer who has served this city as the Public Works Director, and recognized that in that role, he often replaced infrastructure items before they failed. He stated that while still functional, this playground is at a point where failure may be in the future, which is why it was prioritized to move forward. He noted that this playground was planned for replacement last year but was delayed due to budget constraints. He referenced the large capital hole they are still trying to get out of because of the previous history of the City, where staff made a recommendation, a Commission provided unanimous support for the project, and the City Council killed the project. He noted that this project has been a priority for years, and this is a lot of money. He stated that the public, by a plurality, chose a different option, but the City Council has to make the right decision for the playground. He stated that the correct choice would be to provide the option of accessibility within the allotted budget, which is why he supports the project. Councilor Lorberbaum stated that she agrees with Councilor Paper and would love to choose proposal two, but there is not true accessibility provided. She stated that while she likes the idea of what they could do to make it work, it would exceed the budgeted amount to provide the additional surfacing. She stated that she also believed that the park looks to be in good condition, but also trusts the recommendation of staff and supports the recommendation of the Parks and Recreation Commission for option three. Mayor Levine noted her previous service on the Parks and Recreation Commission, noting that she brought forth the concept of community engagement during her time on the Commission. She stated that the Commission, Subcommittee, and Council provided input on the RFP, which then resulted in the proposals that were received. She stated that the public chose option two based on the proposals presented. She commented that the City has followed this process numerous times for playground replacement projects, and every time the Parks and Recreation Commission has supported the option chosen by the public. She noted that this would be the first time that the recommendation of the Parks and Recreation Commission does not match the public engagement results. She believed that people would be upset if they do not listen to the community. She stated that if the vote was close, she could see that the Commission may choose one over the other, but in this case, option two has 134 more votes. She was unsure that she could choose an option that was not chosen by the public engagement process. She recognized that while this playground is not failing at this time, they are getting closer to the point where equipment could be taken offline. She considered the concept of Councilor Maczko to add an accessible feature, but noted that would create a Frankenstein playground where replacement is not on the same schedule and it is pieced together. She stated that there is an option to fix option two by adding the poured - in -place surfacing for the accessible feature. She recognized that would cause the project cost to exceed the budgeted amount, but noted that this would not be the first time that has happened. She preferred to move forward with option two, with the additional poured -in -place accessible surface to the feature. Councilor Lorberbaum stated that she likes the direction that Mayor Levine is moving but noted that she cannot support an option that is not accessible. She explained that having accessibility to the spinning feature is not enough for her. She stated that option three provides more options for accessibility. Mayor Levine commented that the Council released an RFP and did not put out an RFP for a fully accessible playground because it would be cost -prohibitive for this budget. Councilor Lorberbaum commented that option three includes more than one option for accessibility. May 20, 2025, Mendoto Heights Cig+Co¢wcil Page 7 oj17 Mayor Levine stated that accessibility is more than mobility and includes features such as the communication board. She reviewed the ages and specifications that were mentioned within the RFP, noting that they must consider the entire community. She stated that the community wanted option two. Councilor Lorberbaum asked if the poured -in -place surfacing could be added at a later time if the playground is installed this year. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she was unsure and would need to speak with the contractor. She assumed that installation costs would increase if the surfacing was added through a secondary project. Mayor Levine asked if the communication board could be moved closer, if a poured -in -place surface were added for the spinning feature. Parks and Recreation/AssisYant Public Works Director Meredith Lawrence replied that the communication board could be moved, perhaps to the other side of the merry-go-round near the container edge. She was unsure of the increase in cost for the poured -in -place surfacing to not just be a straight line, but also to access the communication board. She stated that in proposal three, the surfacing is not just a straight line, as it provides access to multiple features. She noted that if that information is desired, she would want to postpone action in order to receive a better estimate from the contractor on the cost to add poured -in -place surfacing. Councilor Lorberbaum asked if that information could be gathered between now and the next meeting, and whether that would postpone the project to next year. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that she believes atwo- week delay would be okay. Councilor Maczko commented that the memorandum states installation in September, which would be the end of the season. He stated that from his perspective, if they are going to spend the money, he could perhaps be talked into spending more money, as they have been discussing whether it would provide a better result. He explained that he is just asking staff to show the homework and records rather than not trusting staff. He stated that he could support the option that is desired by the community, but also recognized the desire of the Parks and Recreation Commission to provide accessibility. He recognized that the Commission could not modify the option as the Council is discussing, but the Council has the ability to choose to increase the budget to provide what the residents want and provide accessibility. He stated that option three, by far, provides more accessibility options. He stated that if they are going to spend the money, the additional poured -in -place surfacing added to option two would only increase the budget by ten percent. He wanted to ensure that they are choosing an option that everyone can support. Mayor Levine asked for more information as she does not want to delay for the purpose of delaying. She commented on the extensive process thus far, recognizing that the process is not perfect. She stated that they asked the community to vote and should support those results. She believed that they should then make option two work for everyone, creating more accessibility within that option, even if there is a higher cost. May 2Q 2025, Mendotn Heights Ciry Council Page 8 of /7 Councilor Paper commented that this playground is the furthest from any parking in the city and therefore believed that should be considered when they discuss accessibility. He stated that if the focus is on accessibility, perhaps the playground should be moved towards the parking lot. He noted that the desire was for accessible features and not a fully accessible playground. Mayor Levine commented that there are asphalt trails, and therefore, someone with a wheelchair or stroller could easily access the playground area by the trails. She stated that she is opposed to moving the entire playground, as that would substantially increase the cost. She noted that they have followed the same process for each playground and recognized that there are changes that should be made to the process going forward. She believed they should move forward with option two, with the additional poured -in - place surface, and they could discuss other options if they desire. Councilor Paper commented that option three does not seem to offer many options for ages ten and above. Mayor Levine agreed that option two provides a wider appeal to residents of all ages because of the variety of features. She stated that the Council could then review how they could bring in the element of accessibility. Councilor Maczko recalled an email received from a resident who found option three to be the most accessible option, given their experience with a family member. He stated that people often choose things that appeal to them rather than consider the hardships of others. He stated that he would choose option two, with the ADA accessible area of option three. He stated that he would also want to replace the spinning feature with a swing that a grandparent and child could sit on. Councilor Mazzitello stated that 44.5 percent of the residents chose option two, but 55 percent of people did not choose that option. He stated that the City issued an RFP and received proposals; the job of the Council is to review the proposals, and they are free to reject all proposals. He noted that the survey was not scientific, and people could have voted multiple times, the data is meant to be one element the Council considers in this process. He stated that if they are going to ask a vendor to modify their proposal, he believes they should go back to all vendors and ask for similar modifications, which essentially starts the process over and pushes the project back yet another year. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that staff attempt to build good relationships with the vendors to ensure they can receive parts and repairs when necessary. She stated that the vendors have spent time and money to design a playground and have not been paid for that. In order to provide fairness in the process, it would be important to allow all vendors to change their proposals if that is going to be offered to one vendor. She stated that the Council could table this, but she would need clear direction in order to move forward. Councilor Mazzitello withdrew his motion. Councilor Lorberbaum agreed and withdrew the second. Councilor Lorberbaum recognized that this is not perfect, and they could probably find a better option. She agreed that all vendors should be allowed to change their proposals. May 20, 2025, Mendota Heights CrgCouncil Page 9 of /7 Councilor Maczko asked what it would look like to allow all the vendors to change their proposals. He asked if it would be appropriate to provide the direction on what they liked from options two and three, along with a desire for the accessible swing rather than the spinning feature. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that if the Council is going to ask for new requirements, they should develop a new RFP that aligns with the vision of the Council and allows all the vendors to redesign their proposals. She noted that two additional vendors did not move on to the second phase of engagement, and they should be allowed to rebid as well. She stated that if there are specifics that the Council likes, they should be specific in their RFP requirements. City Attorney Amy Schmidt stated that it sounds like the Council is changing the scope of the project, and therefore all bids should be rejected, and the process should start again. She noted that the proposals were included in the packet and therefore everyone's bid was made public. She agreed that the Council should be very descriptive in what it wants through the new RFP. Mayor Levine asked for information on the timing of that process. Parks and Recreation/Assistant Public Works Director Meredith Lawrence replied that the Council could reject the bids this evening. She stated that they are starting engagement for the Master Plan, which will be presented to the Council in June. She stated that if the Council has specific criteria, she could most likely bring the RFP back to the second meeting in June, but questioned if that should go back to the Parks and Recreation Commission and its workgroup, who have also done significant work on the project. She estimated that the proposals would be back before the Council in the fall with a spring completion. Public Works Director Ryan Ruzek commented that the direction of the Council includes features that have a high cost and asked if there would be a budget cap or whether the vendors would provide their estimated cost without that cap. Mayor Levine commented that the accessible swing feature has a high cost of $50,000 to $75,000, which is why vendors did not choose to include that feature. Councilor Paper commented that if this is delayed Yo next year, the price will continue to increase, and he did not want to see this project continue to be pushed out. Mayor Levine agreed that they were lucky to get the prices locked in now and kicking the can down the road would only increase the cost. Councilor Maczko asked if they could choose option two and include the rubberized material or whether that would be modifying the scope. City Attorney Amy Schmidt replied that it would still be a change in the scope, and if one proposer is allowed to submit a new proposal, then all vendors should be allowed to submit a new proposal. Councilor Maczko commented that it would seem that they would need to accept all proposals as they are or reject and start over. May 20, 2025, Mendota Heights City Council Page 10 oj17 Parks and Recreation/Assistant Public Works Director Meredith Lawrence commented that she believes that modifications could be made as long as they align with the scope of the original REP. City Attorney Amy Schmidt stated that if all the proposals are based on certain criteria and some proposals do not include all the components it would create an uncompetitive situation if one proposer is allowed to make changes to their proposal in order to address more elements. Councilor Maczko agreed that providing additional funding would open up options for all vendors. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that it seems that the Council is not happy with the final proposals and would like to begin the process again. She agreed that if they were going to change the scope and rebid the project, they would need to look deeper at the budget. She explained that the vendors have already seen increases for equipment, and therefore, the equipment will have a higher cost in a few months. She noted that perhaps the accessibility elements could be funded through the special parks fund. She did not believe that $180,000 would be adequate to achieve the scope of the Council. Mayor Levine asked if they could move forward with option two, with the additional poured -in -place surfacing for a cost of $12,500, She stated that the other vendors could also submit updates to their proposal with the additional funds in that amount if desired. Parks and Recreation/Assistant Public Works Director Meredith Lawrence asked if the City Attorney would allow the additional poured -in -place surfacing to be added to option two. Mayor Levine commented that was done at Marie Park with the shade feature. Parks and Recreation/Assistant Public Works Director Meredith Lawrence explained at Marie Park that was included as a bid alternate in the original proposal. City Attorney Amy Schmidt replied that if the Council changes the budget for one proposal, that becomes an issue of fairness, as another proposal may have been able to include another feature for that cost. She stated that all the bidders need to be treated equally, and therefore, if one is given the option to change, all must be provided with that opportunity. She stated that it adds confusion to the process as no one knows what they are bidding on anymore, and would prefer to have a new, clear REP that clearly describes what the Council is looking for. Mayor Levine commented that if the bids are rejected and they start over, the pricing also goes away. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that in a quote from 2023,the accessible swing being discussed had a cost of $88,000 with the poured -in -place rubber for access to the swing. She noted that cost would be higher today. She did not believe $180,000 would be sufficient for the features the Council would like. She strongly encouraged the Council to provide a budget amount if the project is going to be rebid. Councilor Maczko moved to REJECT THE BIDS AND REBID THE PROJECT USING THE GUIDANCE OF THE COUNCIL DISCUSSION AND COMMUNITY INPUT FOR THE DESIRED May 20, 2025, Menciotn Heights City Council Page 1 / of 17 FEATURES AND ACCESSIBILITY, WITH A BID ALTERNATIVE TO REMOVE THE SPINNING FEATURE AND REPLACE THAT WITH THE ACCESSIBLE SWING ORIGINALLY REQUESTED BY THE PARKS AND RECREATION COMMISSION WITH A BUDGET OF $200,000. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Maczko explained that the accessible swing would be added as a bid alternate which would allow the Council to accept that feature above the budgeted cost, if that is a desire. Councilor Lorberbaum stated that she would want to ensure that the poured -in -place surfacing reaches more than one feature. Parks and Recreation/Assistant Public Works Director Meredith Lawrence commented that with a budget of $200,000, that could be a great playground even without the accessible feature. She stated that if the accessible swing is included in that budget, the Council would most likely not be happy with the outcome, as that would not leave much more in the budget for the other features. Mayor Levine clarified that the budget would be $200,000 and there would be a bid alternate for the accessible swing. She did not believe that this is a realistic direction given the budget constraints for the project. Public Works Director Ryan Ruzek commented that rather than giving options for the ADA feature, the merry-go-round would become the accessible feature, with the bid alternate replacing that feature with the accessible swing. He noted that they would also require the poured -in -place surfacing to reach more than one feature as part of the base bid. Councilor Lorberbaum asked if the representative from the Parks and Recreation Commission could provide input. Park Commissioner Schifsky stated that the poured -in -place surfacing keeps being mentioned as something for people in wheelchairs, but noted that surface also provides accessibility for people who are not steady on their feet. She also noted the community members who voted, noting that the neighborhood was interested in option three while the larger school community reflected the interest in option two. She was excited to hear the Council discuss the accessibility of poured -in -place surfacing and to have that surfacing reach more than one feature. She commented that the accessible swing would also be excellent for people of all ages. Councilor Paper asked for more information on the accessible swing and whether that would replace the existing swings or be in addition to those swings. Parks and Recreation/Assistant Public Works Director Meredith Lawrence commented that the swing would allow someone in a wheelchair to use the swing without leaning their chair. She explained that it allows for the feeling of motion without spinning. She commented that there have been issues of safety with some of these types of swings, which is why they are not offered by all vendors. She stated that they would still have the bank of swings and would swap the merry-go-round with the accessible swing if that were desired. A9ay 20, 2025, Hlendota Heights City Council Page I2 of [7 Councilor Paper stated that there is a reality that they could go back to the vendors and receive the same proposals for a higher cost. He stated that they will not gain anything with the additional funds that are proposed. Councilor Lorberbaum commented that they would gain accessibility. Councilor Maczko explained that the thought, with the increase in the cost was to provide sufficient space in the budget to allow the additional poured -in -place surfacing access desired. Mayor Levine acknowledged that it was a lack of specification by the Council to not require the poured - in -place surfacing for access. City Administrator Cheryl Jacobson added that the Council also changed the RFP from the requirement of an accessible swing to the encouragement of an accessible feature, which provided the option for the merry-go-round. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that the Parks and Recreation Commission brought forth an RFP that required an inclusive swing, and the Council did not move forward with that and made the RFP less restrictive. She stated that the merry-go-round is a lower - cost option that takes up less space, which is why the vendors chose that option. She appreciated the input of the City Administrator as to how they got to this point and explained that this is why it is important to be clear with what the desired outcome is. She stated that costs will increase, and she did not want to see them back in this same position. She reviewed the potential calendar to start the process again. Mayor Levine commented that they have completed the community engagement, and they can utilize the information received from the public and the Parks and Recreation Commission to continue to move forward. She did not believe they needed to repeat the public engagement and Parks Commission review and believed that this should remain at the Council level. She stated that it was the misstep of the Council in not requiring poured -in -place surfacing around the accessible feature. She suggested that staff be provided direction to create an RFP based on the proposal that the public and Council favor, adding another $20,000 to the budget to add accessibility. Councilor Lorberbaum recognized that the Mayor does not believe additional public engagement is needed and asked whether this would go back before the Parks and Recreation Commission. Mayor Levine stated that she would be inclined to keep this at the Council level, as the input of the Commission has been communicated. Councilor Mazzitello cautioned on the verbiage as the Mayor pointed towards a proposal from one vendor. He noted that most of the people who liked that proposal were high school students, not residents of the neighborhood. He suggested that they start from scratch rather than pointing to a proposal they like. Parks and Recreation/Assistant Public Works Director Meredith Lawrence stated that they have completed public engagement and cautioned against moving forward without public engagement on new concepts. May 20, 2025, Mendota Heights CiqCouncil Page !3 of 17 Councilor Mazzitello stated that proposal three is good, and they are trying to make it perfect. He stated that they have gone through a process that they have completed at multiple parks, and they should continue to follow that process. He stated that the Council was brought an RFP and made changes to that, and received proposals that were compliant with that RFP. He stated that it would now seem that the Council would want to change it back to the original RFP that the Commission recommended to them, which is an example of why government looks bad to people. He stated that they should either approve proposal three or reject all proposals and move forward with a new concept in 2026. Parks and Recreation/Assistant Public Works Director Meredith Lawrence agreed that if the bids are rejected tonight, there is no way a playground would be built in 2025. She explained that if they reject the bids, she would not want to rush through this and would want to ensure the RFP meets the desires of the Council for the playground. She commented that a playground project should be fun and exciting, and it should provide accessible opportunities for kids and people of all ages to recreate. She confirmed that the pricing would no longer be locked in and would increase. Councilor Maczko asked if the poured -in -place surface could be installed at a later date, which would allow them to accept proposal two and later bid out the poured -in -place surface to be added later. He commented that it would seem to provide the best of both worlds. Parks and Recreation/Assistant Public Works Director Meredith Lawrence commented that she would assume that could be done, but noted that it would have additional costs. She stated that it would only provide access to the one inclusive feature. City Attorney Amy Schmidt stated that if the project is changing, then it is changing. She stated that the Council needs to vote on what is before them or reject the bids. She explained that if you take one project and make it two projects, that is still no longer a competitive bidding process. Councilor Maczko asked if they could proceed with the project as is, and then in 2026 add the poured -in - place surfacing to provide accessible access as a second project. Councilor Mazzitello commented that the motion on the floor is to reject all bids, resend the RFP, and called the question. Ayes: 3 Nays: 2 (Mazzitello and Paper) Mayor Levine commented that the bids have now been rejected. Parks and Recreation/Assistant Public Works Director Meredith Lawrence asked the Council to provide clear direction on what is desired to craft an accurate RFP. She summarized the previous input from the Council for a budget of $200,000 with a bid alternate for the accessible swing, and a requirement for poured -in -place surfacing for the accessible feature and one additional feature. She asked if the Council wants this to go back to the Parks Commission. She stated that the Commission has changed their June meeting to a work session to discuss the budget and recognized that the Council had strong feelings last time the recommendation from the Commission came from a work session. She asked if the Council May Z0, 2025, n4eradota Heights City Council Page !4 of 17 would want this to go to the Parks Commission at the July meeting or whether this would go directly back to the Council. She also asked if public engagement was desired. Councilor Lorberbaum commented that if this is going to be a 2026 project, there would be time to include the Parks and Recreation Commission and public engagement. Public Works Director Ryan Ruzek commented that ideally, they would still want this project completed in November or December so that the playground could be built in March and used by the residents. Mayor Levine asked if there would be time to include those processes. Parks and Recreation/Assistant Public Works Director Meredith Lawrence provided details on timing and commented that this project would not be constructed this year. City Administrator Cheryl Jacobson asked if there is a playground scheduled for replacement in 2026. Parks and Recreation/Assistant Public Works Director Meredith Lawrence confirmed that Valley Park is planned for 2026, City Administrator Cheryl Jacobson reviewed the specifications within the RFP released, specifically section D, and asked if the language for B is being kept along with the bid alternate for an accessible swing. Mayor Levine confirmed that is accurate. She stated that she will plan to move this back to the Parks Commission at its July meeting. Councilor Lorberbaum thanked the Parks Commission for their discussion, acknowledging that the Commission was also not happy with the choices. Councilor Maczko commented on the accessibility design from proposal three that he liked and asked if that could be included somehow in the RFP language. Mayor Levine thanked staff and the Parks Commission, recognizing that this has been a long process. B) RESOLUTION 2025-29 TO ESTABLISH JUNE AS GUN VIOLENCE AWARENESS MONTH Police Chief Kelly McCarthy provided a brief background on this item. The Council was being asked to consider approving Resolution 2025-29 establishing June as Gun Violence Awareness Month. She provided information on the actions of the Police Department to promote awareness during that time. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2025-29 ESTABLISHING DUNE AS GUN VIOLENCE AWARENESS MONTH. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 d9ay 2Q 2025, A9endata Heights City Council Page IS oj77 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 Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider Resolution 2025-28 calling for a public hearing on an easement vacation request by petition. Evan Mattson, Endeavor, spoke in representation of the applicant and provided background information on the experience of the company and the desired redevelopment project. He explained that the vacation and relocation of the stormwater easement would accommodate the new 174,160 square foot modern business development, noting that a new stormwater easement would be established and a new stormwater pond with additional capacity would be constructed to serve the project and surrounding properties. Dan Sjoblom, Alliant Engineering, provided additional information on the existing stormwater pond and the proposed larger pond that would be located along the western property line. Councilor Mazzitello referenced the proposed new pond easement, which shows the retaining wall outside of the pond easement but the toes which wrap around the pond are within the easement. He asked if the retaining wall would belong to the City or the developer, or whether that would be a shared responsibility. Mr. Sjoblom replied that they would propose keeping the retaining wall outside of the easement. Mayor Levine asked who would be responsible for the maintenance of the pond after it was dredged the first time. Public Works Director Ryan Ruzek replied that this would be a new pond, and the dredging ofthe existing sediment would no longer be a task of the City. He stated that because this pond would provide regional benefits, the City would become the responsible party for maintenance. Councilor Maczko stated that the existing pond had a capacity of 312,000 cubic feet, and this new pond would slightly exceed the size of the original stormwater pond. He stated that the stormwater pond was originally built to address flooding on a regional basis. He stated that this action would provide something a little better than originally constructed, just in a slightly different location. Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-28 CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION FOR LOT 6 AND 7, BLOCK 1, MENDOTA HEIGHTS INDUSTRIAL PARK, Councilor Paper seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS May 20, 2025, Mendota Heights City Council Page I6 of77 Councilor Maczko apologized for his part in the earlier discussion but also recognized the importance of having that discussion for the park and believed that it would ultimately bring about a better end result. He provided an update on the County 911 meeting he attended and commented on the great service that is provided through that program. Councilor Mazzitello apologized for being terse earlier, noting that he is a supporter of the process and following procedure. He spoke about the importance of Memorial Day, which is when they honor those who have given their lives for the greater good of the community. He stated that those who serve have the knowledge that they may have to give their lives for the freedom that others enjoy. He shared a quote from Abraham Lincoln, Councilor Lorberbaum stated that May is Get Caught Reading Month and was proud of the little free library outside of City Hall and found throughout the community. She shared a related quote from Mark Twain. She also apologized for her imperfect attempt to wish everyone a happy Cinco de Mayo in Spanish. She credited Parks and Recreation for the wonderful Touch a Truck event, noting that the sensory hour was well attended. She thanked NDC4, who developed a video of the now -famous turtles on the street, which is a wonderful piece. Councilor Paper thanked John Althoff and the Dakota County Regional Chamber of Commerce who sponsored the State of the City earlier tonight. He stated that NDC4 also created a great six -minute video which features the wonderful things in the community. Mayor Levine thanked all who came to the meeting tonight, recognizing that it has been a long day for both the Council and staff. \�a(III1tLl Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 952 p.m. Stephani B. Levine Mayor ATTEST: mJ� N cy Ba4cr Cify Clerk May 20, 2025, Mendota Heights City Council Page 17 of 17