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08 06 2025 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, August 6, 2025 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota, was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Lorberbaum, Mazzitello, and Maczko were also present. Councilor Paper was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. CTf� �I�I 7� 7�]�Il���►1 Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Lorberbaum seconded the motion. Ayes: 4 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 Maczko moved approval of the consent agenda as presented, pulling items G and H. a. Approval of July 15, 2025, City Council Minutes b. Approval of July 15, 2025, Council Work Session Minutes c. Approve Minutes from the July 15, 2025, City Council Special Meeting d. Acknowledge Minutes from the June 24, 2025, Planning Commission Meeting e. Acknowledge Minutes from the May 21, 2025, Airport Relations Commission Meeting f. Approve Out of Metro Travel Request for the City Clerk g. Aeoept the Resignation of Pe4ef johnseii from the Mendota Heigh4s Fire Depaftffie h. AaAherize llir-iiig ef Five Probationary Firefighters by the Mendota Heights Fire DepartmepA i. Authorize Recruitment and Approve the Addition of One Assistant Training Officer Position and Change the Position Title to Training Lieutenant with the Mendota Heights Fire Department j. Acknowledge the April, May, and June 2025 Fire Synopses k. Award Contract for Lift Station Panel Replacement 1. Adopt Resolution 2025-50 Accepting Donations Made to the Mendota Heights Police Department m. Adopt Resolution 2025-46 Accepting Work and Final Payment for Bridgeview Shores Street Improvements Project 202406 n. Adopt Resolution 2025-47 Approving an Administrative MRCCA Permit for 1128 Kingsley Circle North (Planning Case 202544) o. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS G) ACCEPT THE RESIGNATION OF PETER JOHNSON FROM THE MENDOTA HEIGHTS FIRE DEPARTMENT Councilor Maczko asked for more information on the resignation. Fire Chief Dan Johnson commented that it is always tough to lose a firefighter, especially one who has completed training. Chief Johnson shared that Peter had stated that after joining the department, he decided that he wanted to be a full-time firefighter. He noted that Mr. Johnson's wife was accepted into law school in Virginia, and he secured a full-time job with the Augusta County, Virginia, Fire Department, and they will be relocating. He commented that he was glad that the department could help someone find their calling and secure a full-time job as a firefighter. Councilor Maczko acknowledged that while they hate losing him, he was glad to see him use the training he completed to secure a new opportunity in another state. Councilor Maczko moved to accept THE RESIGNATION OF PETER JOHNSON FROM THE MENDOTA HEIGHTS FIRE DEPARTMENT. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 H) AUTHORIZE HIRING OF FIVE PROBATIONARY FIREFIGHTERS BY THE MENDOTA HEIGHTS FIRE DEPARTMENT Councilor Maczko reviewed the names of the probationary firefighters, noting that it is a fabulous testament to the department and the residents of the community. Fire Chief Dan Johnson commented that there was a large pool of applicants this year, noting that they interviewed nine candidates, and that all would be a good fit. He stated that the department selected these five to join the department. He stated that the academy starts again soon, and in two weeks, they will have the badge pinning and swearing -in of those who completed their training. August 6, 2025, n�wxdota Heights CipCo:nxcil Page 2 of 14 Councilor Maczko commented that this is a testament to the leadership and community that they continue to have people who are interested in joining the department and serving their community. Councilor Maczko moved to authorize HIRING OF FIVE PROBATIONARY FIREFIGHTERS BY THE MENDOTA HEIGHTS FIRE DEPARTMENT. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PRESENTATIONS A) MRPA AWARD OF EXCELLENCE FOR MARKETING AND COMMUNICATIONS Jared Flewellen, Assistant Parks and Recreation Director for the City of Eagan, representing the Minnesota Recreation and Park Association (MRPA), presented the 2024 MRPA Award of Excellence to the City of Mendota Heights. Parks and Recreation/Assistant Public Works Director Meredith Lawrence recognized that this award is an example of partnership, recognizing NDC4 for their assistance in creating the video. She also recognized the City staff members who worked on the project. She stated that the City received three additional awards one more for the Parks and Rec annual report, a Parks and Rec video story, and one for one for the Heights Highlights, and presented those to the Council. Assistant City Adminishator Kelly Torkelson stated that this is a great example of the collaboration between staff that allows them to best serve the community. She noted these awards were in competition against larger cities with full communication teams and recognized the quality staff that Mendota Heights has. She stated that the videos are available on the City website and would be shared on social media. Mayor Levine thanked staff for the amazing work they do, along with the work of NDC4. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2025-45 APPROVING A SPECIAL APPROPRIATIONS PERMIT APPLICATION FOR OHEYAWAHE Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2025-45, approving a special appropriation permit application for Oheyawahe. Mayor Levine thanked staff and the members of the Task Force for their work. Councilor Lorberbaum commented that this is exciting and thanked the entire team who worked on this. She asked if there was water at Oheyawahe. August 6, 2025, Meaadota Heights City Cowaci! Page 3 of t 4 Public Works Director Ryan Ruzek commented that there is a mainline for water running through the site and that they will connect to it. Councilor Lorberbaum commented that Heights rest will include a tour of Oheyawahe on Sunday. It was noted that registration for that tour closes within the next 24 hours. Gail Lewellen, 656 Sibley Memorial Highway, Chair of the Task Force, commented that this is an exciting milestone and provided highlights going back to 2017. She stated that the Task Force was created in 2020 and continues to provide guidance on the cultural importance of the site and appropriate uses. She stated that the Task Force endorses the proposal that is before the Council tonight and recommended that the Council approve the proposal. Councilor Lorberbaum moved to approve RESOLUTION NO. 2025-45 APPROVING SPECIAL APPROPRIATION APPLICATION. Councilor Maczko seconded the motion. Further discussion: Mayor Levine recognized the work of the Task Force over the past five years and the great asset that Oheyawahe is to the community. She also recognized the work of City staff. Ayes: 4 Nays: 0 B) TABLED —RESOLUTION 2025-36 APPROVING A PRELIMINARY PLAT OF MCMILLAN ESTATES TO SUBDIVIDE THREE (3) EXISTING PARCELS INTO SIX (6) S1NGLE-FAMILY RESIDENTIAL PARCELS LOCATED AT 1707 DELAWARE AVENUE AND ITS ADJACENT VACANT PARCELS OWNED IN COMMON (PLANNING CASE NO. 2025-03) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider Resolution 2025-36, approving a preliminary plat of McMillan Estates. Councilor Maczko asked for an explanation of the wetland delineation, the factors that are considered, and whether public comment is considered. Community Development Manager Sarah Madden stated that the comment was made that the wetland delineation was started under a previous development, which stopped, and therefore, people may have lost interest without knowing that this new development had picked up. Natural Resources Coordinator Krista Spreiter stated that a wetland delineation application does not require notification of the public unless that is requested by members of the public. She stated that residents were notified as part of this process, and time was allowed for comments and questions. She reviewed the elements that are considered as part of a wetland delineation, including hydrology, vegetation, and soils. She explained that even though it was completed at the beginning of a drought, the last three months are considered, and only one of those months was dry. She stated that vegetation and soils would not have been impacted by one dry month. She stated that comments were received and included in the packet for the Council, noting that staff also responded to those continents. She stated that the delineation report was accepted in 2021 by the City Council and that decision is good for five years. August 6, 2025, Mendota Heights Ctry Council Page 4 of 14 She commented that the current application is an exemption application under de minimis, and that decision is due by August 18"'. Councilor Lorberbaum referenced condition l o as proposed and asked when that would occur, recognizing that this is a preliminary plat. Community Development Manager Sarah Madden replied that the conditions on the preliminary plat would need to be addressed prior to final plat. She stated that the assessment would be expected prior to final plat, and the condition related to tree protection would be carried through the forest alteration permit application. Councilor Lorberbaum referenced condition 15, recognizing that two different opinions have been received from two different attorneys. She asked for input from legal counsel. City Attorney Amy Schmidt stated that the two opinions that have been sent to the Council represent two different points of view, as those attorneys are representing their clients and the respective views of their clients. She commented that her job is to advocate and represent the City, and as she reads the Code, the City Council does not have the authority to require the dedication of right-of-way for the extension of the street to the north edge of the property. Councilor Maczko referenced a statement from one of the letters, and it would seem that a cul-de-sac cannot or does not adjoin in nature. He stated that, from a long-term plarming perspective, it would make sense to provide access and address this now. He stated that while he understands that people want to live on cul-de-sacs, there should also be planning for future connections. City Attorney Amy Schmidt stated that both the staff recommendation and her legal advice were not to include the proposed condition, due to the way the City Code is written. She explained that the Code does not give the City Council authority to require dedication of the street extension. Attorney Schmidt further explained that, when reviewing the applicable section of City Code, which begins with "except for cul-de-sacs" it states that streets normally shall "connect with streets already dedicated in adjoining or adjacent subdivisions". For the property to the north that does not exist, as it is an unplatted, unsubdivided parcel. She continued, the code then states, "or provide for future connections to adjoining unsubdivided tracts". Which is what exists to the north today, and reiterated that a street would, under the city's code, be required to do that. She added that the last piece of the city code requirement states that streets, "shall be a reasonable projection of streets in the nearest subdivided racts", which is what is happening in this case to the south, the street and cul-de-sac in the proposed subdivision is an extension of the street that exists on Ridgewood. She concluded that the condition which applies in this case and should be considered is that streets normally shall "provide for future connections to adjoining on unsubdivided tracts", with further consideration to the language "except for cul-de-sacs". Because of this language, it creates an exception to the Council to follow the code and has to be applied. Councilor Maczko stated that the property to the north would then. not be allowed to develop as they could not get a cul-de-sac back far enough to develop their property. August 6, 2025, 49etvdota Heights Cir)Council Page 5 of ]4 City Attorney Amy Schmidt stated that she understands the difficulty that Councilmember Maczko sees, but because of the quasi-judicial nature of this decision, there is very little discretion that the City would have to deny a compliant application. Mayor Levine acknowledged the residents present in the audience tonight for this case. She noted that there has been a lot of opportunity for public input throughout this process and asked that people only speak tonight if there is new information that has not already been communicated to the Council through email, testimony, and/or comments at the recent meetings. Jim Kolar, 1695 Delaware Avenue, stated that this decision hinges on one sentence in an antiquated Code. He stated that it is the prerogative of the Council as to what a cul-de-sac is or is not. He stated that the only argument he has heard justifying the use of a cul-de-sac is the developer's desire to have a cul-de- sac to build his private home. He stated that the only opportunity he would have to develop his property, if access is not provided from this property, would be to demolish his home and build a 1,500-foot-long cul-de-sac. He stated that this could be considered a temporary cul-de-sac similar to the temporary cul- de-sac that exists on Ridgewood today. He stated that if the opportunity is provided to him, he would also provide the same opportunity to the property to the north of him. He asked the Council to protect the rights of not only the developer of this property, but also the rights of his property and other properties to the north. He stated that the superblock has been destroyed by allowing exception after exception, and he is the only remaining ten -acre lot when there used to be all ten -acre lots on Delaware. He noted that this action would landlock his property. He stated that access to his property cannot come from Delaware. He stated that he has always stated that he would match the density of this property on his property, whether it was two lots or now six lots. He asked the Council to take the additional two weeks to review this. Spencer McMillan, applicant, appreciated the input of his neighbor. He stated that he started this with a small nub extension that led to a dead-end right -of --way, which would have provided the frontage for two lots. He stated that he only has 60 feet off Ridgewood, so even if he split the 16 acres into two lots, he would not have a conforming lot off Ridgewood, so that was no longer an option. He stated that the dead- end right-of-way was not allowed, so he proposed the cul-de-sac, requesting that the public improvements not be constructed, but that was also not approved. He stated that he is trying to do the right thing, while also being able to use the property, and has been forced to create a cul-de-sac in order to meet the requirements of City Code. Councilor Maczko referenced lot six, noting that it appears there is a way to provide access with a driveway, but was unsure if there is a way to provide access without disrupting trees on the northern property. He asked if there could be an alternate use for lot six. Mayor Levine stated that could be addressed under condition nine. She stated that they could change that requirement to land dedication. Community Development Manager Sarah Madden stated that condition nine is related to park dedication and staff recommend cash in lieu of land dedication, which would be $4,000 per unit. She stated that the general requirement for park dedication is land dedication, or cash in lieu, noting that in more recent times, the City has leaned towards cash in lieu. She stated that if land dedication is required, it would be ten percent of the gross plat area. She commented that condition could be modified if that was an interest of the Council. dugust 6, 2025, Mendoto Heights City Council Page 6 of 14 Councilor Lorberbaum stated that if the existing property owner has a concern with lot six because of the trees, a strip of property could be dedicated as park dedication, which would protect the trees, and asked if lot six would still be viable. Community Development Manager Sarah Madden stated that if land was desired by the Council for park dedication, that may change the layout of the plat. She stated that the shape of lot six and its access could be modified by the developer. She commented that 1.6 acres would roughly be the maximum size of land dedication that could be required for park dedication. Councilor Mazzitello asked if there is an idea of what the 1.6 acres would look like if they were to go down that road. Community Development Manager Sarah Madden replied that she does not have that configured in any way. She stated that the park dedication would be required in the form of land, and the final plat would include the redrawing of the plat lines to accommodate that dedication. Mayor Levine referenced condition 16 and asked if the Council accepts the redline version of condition 16. Councilor Mazzitello moved to accept THE REDLINE REVISIONS TO PROPOSED CONDITION 16. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Maczko proposed that the driveway access on lot six has be constructed by the developer as a pad for future development to ensure that it is not pushed off onto a future buyer. He stated that the development would currently place that burden on the purchaser of the lot, and if there are problems with the construction of the driveway, it should be of the developer and not a future buyer. Councilor Mazzitello asked for clarification and confirmed that Councilor Maczko would not require the pavement of the driveway but the creation of the gravel base for that driveway. Councilor Maczko moved to amend THE MOTION TO ADD A SENTENCE STATING, "THE DRIVEWAY BASE FOR LOT SIX IS REQUIRED TO BE CONSTRUCTED WITH THE PUBLIC INFRASTRUCTURE OF THE DEVELOPMENT.". Further discussion: Community Development Manager Sarah Madden commented that condition 16 applies to all lots within. the plat, and perhaps this should be its own condition specific to lot six. Councilor Maczko withdrew his proposed amendment. Ayes: 4 Nays: 0 Mayor Levine moved to condition nine, noting that the City has the option to select land dedication or cash in lieu. August 6, 2025, Mendota Heights Ci7�Council Page 7 of 14 Councilor Mazzitello commented that he would support the dedication of land for park dedication. Community Development Manager Sarah Madden stated that in a previous plat where land dedication was required, the size of the land dedication and location were specified. She noted that in that case, there were plans for a trail, and in this case, they may reference the Surface Water Management Plan or Parks Master Plan to help guide that alignment of land dedication. Councilor Lorberbaum asked who would maintain the land that would be dedicated. Community Development Manager Sarah Madden commented that the land would be dedicated for public use, and it would be required to be maintained by the City. Councilor Lorberbaum stated that they have always said that a person purchasing a plot of land would have the opportunity to choose where the home and driveway would be located. She referenced the previous discussion related to requiring a developer to construct a driveway and asked if the City has ever done that before, and whether that would be viable. City Attorney Amy Schmidt replied that she was unsure if it had ever been done before, but could not recall a time in Mendota Heights. She stated that the current discussion is related to the location of park dedication rather than a driveway. ` Councilor Lorberbaum recognized that the Council is discussing park dedication, which then changes where the driveway would be placed for that lot. She referenced a scenario in which the land is not required for park dedication and asked if the City could then choose the location and construction of the driveway. City Attorney Amy Schmidt stated that a plat shows proposed locations of various components, such as streets, lot lines, etc. She stated that if the requirement conforms to what can be required on a plat, they could do that. She stated that if they are choosing to require the dedication of land instead of cash in lieu, there would not be enough information to know where the driveway would be, as the lot lines would then change. Councilor Mazzitello asked if condition nine could state that the developer shall dedicate 1.6 acres of land as an outlot as park dedication. Councilor Loxberbaum stated that she would like more details related to the location of the park dedication to specify the area within lot six around the northern boundary line. She stated that the purpose would be to protect the trees. Councilor Mazzitello commented that if they encompass the drainage line along lot six, that would be a qualifying element. Mayor Levine commented that the Cotmcil makes the choice of land or money for park dedication, and staff should work with the applicant to determine that location. Councilor Mazzitello asked if the 1.6 acres would need to be contiguous. Aazgtest t% 2025, Mendota Heights City Caunci[ Page 8 ofl4 Community Development Manager Sarah Madden read the language related to park dedication within the City Code. She stated that contiguous is not specifically noted within the City Code. She stated that staff could be directed to find the configuration and whether the land is contiguous. Councilor Maczko commented that he thinks it is important to put guidelines on why they are doing this. He commented that the driveway is close to the property line for lot six and could be a problem for trees on the neighboring property, and that is the issue they are trying to protect. He stated that the location for the driveway is a very narrow area that would encroach on the wetland area, noting that they could further encroach on the wetland area in order to move the driveway. He stated that he does not want to see the responsibility kicked down the road for a future homeowner, making it their problem. He stated that he wants the problem with access resolved now. He stated that if they require the land for park dedication, it would require different access for lot six, or the property would need to be replatted. He stated that he is trying to find a middle ground where damage is not done to the trees on the property to the north, while still allowing the development to move forward. He stated that he would just like to see the driveway base constructed to ensure that the burden is not placed on a future homeowner. Councilor Lorberbaum stated that if the land is required for park dedication, she would wonder if lot six would still be viable, because the developer has the right to develop. She stated that her concern was that she wanted to leave the developer whole. Community Development Manager Sarah Madden noted that the requirement of land for park dedication may change the lot boundaries. She stated that the requirement for land for park dedication would be based on the need for the land in conformance with the City's approved plans, and therefore, they would need to review that to bring back additional information. Councilor Lorberbaum asked what would happen if they came up with a wonderful land dedication area, and lot six would no longer be viable. Community Development Manager Sarah Madden replied that the developer would determine how other aspects of the subdivision may change to comply with the condition for park dedication. Councilor Mazzitello moved to amend PROPOSED CONDITION NINE TO READ, "THE DEVELOPER/APPLICANT SHALL DEDICATE AN AREA OF 1.6 CONTIGUOUS ACRES FOR PARK DEDICATION AS REVIEWED AND APPROVED BY CITY STAFF IN ACCORDANCE WITH THE CITY'S MANAGEMENT PLANS.". Mayor Levine seconded the motion. Further discussion: Councilor Maczko commented that he could support this if staff understand the intent to protect the trees along the property line, which could be impacted. He stated that the 1.6 acres would not be provided anywhere but in the specific area to protect the trees. Mayor Levine stated that she supports this because there is a public good to have access to the land in this area. It is in lieu of the fee. It is a good reasonable condition to have that land just to have public access. There is some potential for water mitigation, and it fits within our comprehensive plan. She stated that Augusl 6, 2025, Mendota HeigTvts Ci>)Co:nmil Page 9 of !4 staff are positioned to figure out the best location for the park dedication of the land so that it is for the betterment of parks and public lands in the city. Councilor Lorberbaum stated that she would support this and has confidence that staff will work out the details. Ayes: 4 Nays: 0 Mayor Levine moved to condition 15, noting that staff has recommended that the condition be eliminated. She recognized that the condition was recommended by the Planning Commission, and no matter the choice, it is a difficult decision. Councilor Lorberbaum moved to ELIMINATE CONDITION 15, BASED ON THE ADVICE OF LEGAL COUNSEL, Mayor Levine seconded the motion. Further discussion: Councilor Maczko stated that the developer is coming forward with a proposal for a cul-de-sac, and the Planning Commission has recommended that the cul-de-sac could be accepted, but requested public right-of-way to be dedicated. He stated that the developer is proposing a cul-de-sac, and the City does not have to accept a cul-de-sac. He stated that the cul-de-sac could be considered as temporary and proposed that the cul-de-sac be accepted as temporary with the ability to support future development to the north. He stated that there needs to be a through street, and they can accept a temporary cul-de-sac at this time. Mayor Levine stated that the issue is with the word cul-de-sac. She stated that in condition 13, they do not use that word and instead say the extension of the public street, Ridgewood Drive. She stated that the cul- de-sac that exists today will be removed through condition 13, and therefore, condition 15 could then use the term turnaround rather than cul-de-sac. She stated that the problem they have had since day one has been the idea of extending the road to create another cul-de-sac. She stated that if they have a turnaround rather than a cul-de-sac, they could require the right-of-way, and the road would eventually continue through Foxwood. City Attorney Amy Schmidt reviewed the definition of cul-de-sac in the subdivision Code. She stated that this has been presented as a cul-de-sac because the applicant was told in a previous application that he needed a cul-de-sac. She stated that because of the definition of cul-de-sac, the proposal would effectively mean the same thing. She stated that the motion on the table is whether to keep condition 15 as written or eliminate it, whereas Councilor Maczko would be proposing a different condition. Councilor Mazzitello stated that he has served this City for 17 years in various capacities, and they always seem to uncover these nuggets where past actions and the City's goals and polices contradict something in the City Code. He recognized that they had made an excellent effort in resolving those issues, and while they are trying to clean this issue up, the application came in before that occurred. He stated that they are faced with a situation where they have to make someone mad. He stated that the applicant has submitted a proposal in technical compliance with the City Code, while the neighboring property owner August 6, 2025, A�endota Heights City Council Page 10 of 14 is asking the Council to look beyond the technical letter of the Code and do the right thing. He stated that he would rather have someone be mad at them for doing the right thing than doing the wrong thing. Ayes: 4 Nays: 0 Councilor Mazzitello moved to PROPOSE A NEW CONDITION IN PLACE OF DELETED CONDITION 15, TO READ, "THE APPLICANT/DEVELOPER SHALL PLAT RIDGEWOOD DRIVE AS A THROUGH STREET RIGHT-OF-WAY TERMINATING AT THE NORTH PROPERTY LINE, A TEMPORARY TERMINAL TURNAROUND AS PROPOSED BY THE APPLICANT IN THE PRELIMINARY PLAT IS ACCEPTABLE AS A TEMPORARY TERMINAL TURNAROUND.". Councilor Maczko seconded the motion. Further discussion: Mayor Levine asked whether that condition would conform to City Code. City Attorney Amy Sclunidt commented that it would conform to the section of Code related to streets providing connection to adjoining tracts. She stated that there is nothing within the general subdivision ordinance that requires that to be done through a cul-de-sac. Councilor Lorberbaum asked if the frontage road for the lots near the temporary turnaround would have the necessary frontage if the temporary turnaround were someday a more normal -looking straight street. Mayor Levine commented that it would become an existing nonconformity. Community Development Manager Sarah Madden replied that the circular boundary may not be terminated in the case when a street is constructed. She stated that the right-of-way would remain circular unless the right-of-way is vacated. Ayes: 4 Nays: 0 Councilor Mazzitello moved to approve RESOLUTION NO.2025-36 APPROVING A PRELIMINARY PLAT OF MCMILLAN ESTATES LOCATED AT 1707 DELAWARE AVENUE AND "1'HE ADJACENT VACANT OUTLOTS (PLANNING CASE NO, 2025-03), AS AMENDED, Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 C) RESOLUTION 2025-48 APPROVING A CONDITIONAL USE PERMIT FOR A CANNABIS RETAILER AT 1155 CENTRE POINTE DRIVE (PLANNING CASE NO. 2025-1 I ) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider Resolution 2025-48, approving a Conditional Use Perniit for a cannabis retailer at the property located at 1155 Centre Pointe Drive, August 6, 2015, Nendara Heights Ciry Cour�ei7 Page 71 of 14 Councilor Lorberbaum asked if approved tonight, would there be any requirement for the business to be opened by a certain date by the applicant, and is there a grand opening date. Community Development Manager Sarah Madden replied that some of that will be up to Lite continued timing of the Office of Cannabis Management (OCM). She stated that this would fulfill the requirement of allowing one cannabis operator within the city, and any other applications would be turned away. She stated that a building permit would need to be obtained in order to be compliant with the building code and State requirements, which will take some time. Councilor Mazzitello referenced condition one related to parking and asked if the existing location has sufficient parking for the multi -tenant building. Community Development Manager Sarah Madden commented that the existing parking is more than what is required by City Code for the multi -tenant building. Councilor Maczko asked if on -site consumption would be allowed. Community Development Manager Sarah Madden replied that the retail license would not allow onsite consumption. City Attorney Amy Schmidt confirmed that is accurate. Councilor Mazzitello moved to approve RESOLUTION NO.2025-48 APPROVING A CONDITIONAL USE PERMIT FOR A CANNABIS RETAILER LOCATED AT 1155 CENTRE POINTE DRIVE (PLANNING CASE 2025-11), Councilor Lorberbaum seconded the motion. Further discussion: Councilor Maczko stated that he likes the location as it conforms with all requirements and is not a situation where people would be waiting outside to go into the business. He asked if that element should be required as part of the City ordinance, to require the same model to be followed, and to not allow people to stand outside and wait in line to get in. City Attorney Amy Schmidt replied that she was not aware of authority that the City would have to impose that type of restriction. Mayor Levine thanked the Planning Commission for its work, making the review of this application very easyI She also recognized the time that staff and the Council put into creating the City ordinance. She noted that this is exactly the type of business they would want for Mendota Heights, noting that the owners are Mendota Heights residents. Ayes: 4 Nays: 0 Augeest 6, 2025, A9endota Heights Ciry Council Page 12 of 14 D) RESOLUTION 2025-49 APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE MIDDLE AND SECONDARY SCHOOL AT 1345 MENDOTA HEIGHTS ROAD (PLANNING CASE 2025-13) Cormunity Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider Resolution 2025-49 approving a Conditional Use Permit for a private middle and secondary school at 1345 Mendota Heights Road. Councilor Lorberbaum asked the number of parking spaces that are available and whether parents could use those spaces for an event. Community Development Manager Sarah Madden replied drat there are 270 stalls estimated for the site as a whole. She confirmed that those spaces could be utilized for that type of event. Councilor Lorberbaum asked if there would be any sports or activities taking place outside during the day. The applicant replied that there would not be any sports on -site. Councilor Maczko moved to approve RESOLUTION NO. 2025-49 APPROVING A CONDITIONAL USE PERMIT FOR A MIDDLE AND SECONDARY PRIVATE SCHOOL LOCATED AT 1345 MENDOTA HEIGHTS ROAD (PLANNING CASE 2025-13), Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello commented that this property was previously within the industrial zoning and did not allow this level of education. He stated that due to thoughtful and long thought-out zoning amendments and rezoning, this building will now be occupied again. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello encouraged residents to attend Heights Fest. He stated that it was a pleasure to approve the resolution related to Oheyawahe, commenting on a pleasant experience he recently had watching the sunset at Oheyawahe. He recognized the work the City has done towards Oheyawahe over the past 15 to 20 years. He stated that there was a horrible crash at Delaware and 62, where a vehicle crossing 62 was T-boned. He encouraged drivers to slow down and pay attention to the road. He stated that on this day in history, 20 years ago, his daughter was born and wished his daughter a happy birthday. Councilor Lorberbaum stated that 1.5 months ago, several residents were raising concerns related to airport noise, and they discovered that a runway was being worked on, which was temporary. She stated that there will be another runway improvement beginning August 18"', which is anticipated to be completed by September 26th. She stated that residents may experience more noise during that time. She August 6, 2025, Mendota Heights City Council Pnge 13 of 14 commented that there are two kinds of airport navigation systems, and the airport was planning to update its navigation system in August, but that has been delayed to March of 2026. She provided information on a show available on Town Square Television related to energy efficiency. She stated that she is proud of the community for the 45 sites for Night to Unite parties and thanked everyone who organized events and those who attended events. Councilor Maczko echoed that it was great to see neighbors meeting neighbors at Night to Unite. He congratulated staff on the recognition for their work in communications and the awards received. He recognized the high -quality work provided by staff at a great value. He stated that on this day, he wished his daughter and granddaughter a happy birthday and wished the City Engineer, Assistant Engineer, and Councilor Mazzitello a happy Professional Engineers Day, Mayor Levine commented on a donation that was received and accepted on the consent agenda, which was a thank -you card and $200 worth of donations. She stated that the $100 was meant to reimburse the Officer and the other $100 was provided as a donation. She read aloud the message written within the thank -you card. She thanked the Officer for his efforts, recognizing the actions of staff to go above and beyond to help others. Councilor Mazzitello moved to adjourn. Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:51 p.m. Stephanie 6. Levine Mayor ATTEST: Ndcy uer City Clerk August 6, 2025, dlendota Heights Ciry Council Page 14 of 14