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09 02 2025 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 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 Acting Mayor Mazzitello called the meeting to order at 6:00 p.m. Councilors Lorberbaum, Maczko, and Paper were also present. Mayor Levine arrived at 6:16 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Acting Mayor Mazzitello presented the agenda for adoption. Councilor Lorberbaum moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. CONSENT AGENDA Acting Mayor Mazzitello presented the consent agenda and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent agenda as presented, pulling items B, C, E, F, and G. •. AckDowledge Minutes of 1 h. Authorize Installation of Garage Door at Public Works Facility i. Approve Resolution 2025-54 to Accept Bids and Award Contract for the 2025 Sanitary Sewer Cleaning and Televising Project j. Approve Resolution 2025-55 to Accept Bids and Award Contract for the 2025 Sanitary Sewer Rehabilitation Project k. Approve Reimbursement for Storm Sewer Relocation at 1770 Dodd Road 1. Adopt Resolution 2025-53 Providing for the Issuance and Sale of $2,820,000 in General Obligation Improvement Bonds, Series 2025A m. Approve July 2025 Treasurer's Report n. Approval of Claims List Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS B) APPROVAL OF AUGUST 19, 2025, CITY COUNCIL MINUTES Councilor Maczko commented that he was not present on August 19��' and therefore will abstain from the votes relating to minutes from that day. Acting Mayor Mazzitello commented that he was also absent on that date and suggested that the minutes from the 191' be tabled. Councilor Maczko moved to table AUGUST 19, 2025, CITY COUNCIL MINUTES. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 C) APPROVAL OF AUGUST 19, 2025, COUNCIL WORK SESSION MINUTES Councilor Maczko moved to table AUGUST 19, 2025, COUNCIL WORK SESSION MINUTES. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 E) AUTHORIZE SIGNER FOR SOLID WASTE ABATEMENT GRANT FROM DAKOTA COUNTY Councilor Maczko recognized that Mendota Heights would become a fiscal agent in 2026. He stated that this topic is part of the 2026 budget discussions and suggested that this item not be acted on at this time, and instead, the current fiscal agent should apply for the grant. He stated that if the City becomes the fiscal agent in 2026, the proper items could be transferred. Parks and Assistant Public Works Director Meredith Lawrence stated that this item was discussed at the work session on August 13a'and it was acknowledged that a decision would need to be made on this September 2, 2025, Wendota Heights City Council Page 2 of 12 item before the budget is adopted. She stated that the grant to the County is one on October Is , and if they do not submit the grant, they would potentially lose out on the grant, which would adversely affect the other cities in the JPA. She stated that at the August 13th meeting, there was support for staff to move forward on this item and asked that the Council consider approval of this item tonight. Acting Mayor Mazzitello asked if the City would become the fiscal agent by accepting the grant. Parks and Assistant Public Works Director Meredith Lawrence explained that the funds awarded to all the cities in the JPA would be received by Mendota Heights, and the funds would be paid through those grant funds. She stated that the disbursement of funds would be spelled out as the process moves forward. She recognized that this may seem a bit out of order, but the grant application is due.by October I st. Councilor Maczko commented that he does not believe that anything would prevent the current method from continuing, with West St. Paul applying this year, and if Mendota Heights agrees to the changed process, things could transfer over in 2026. Parks and Assistant Public Works Director Meredith Lawrence replied that the city of West St. Paul is not intending to submit the grant application, as, after the last work session, she met with their staff and informed them that the Council was in favor of moving forward with the change. She stated that if this is not approved, there would be a delay and setback with a related loss of funds that would come from the grant. She stated that all five cities need to submit a grant by October 1st Councilor Maczko asked if Mendota Heights is being held hostage in that if they do not accept being the fiscal agent, West St. Paul will no longer act in that manner, and no funds will be received. Parks and Assistant Public Works Director Meredith Lawrence stated that West St. Paul has been a great partner to the City through the JPA. She stated that she has not had a discussion with West St. Paul as to what would happen if Mendota Heights does not apply. She guessed that West St. Paul would then apply, but explained that it would significantly change the scope of the grant. She stated that when they spoke last, the decision was for Mendota Heights to submit the grant and for West St. Paul to not submit. Councilor Maczko commented that he does not like that they are procedurally getting ahead of budget decisions made at the December public hearing. He stated that if the rest of the Council supports this, that is fine, but he will be opposing this item. Acting Mayor Mazzitello commented that while he agrees that it is slightly out of order, he also recognizes that the grant has a due date. He noted that this item was discussed in the work session, and the direction from the Council was to move forward in this manner. Councilor Paper moved to authorize SIGNER FOR SOLID WASTE ABATEMENT GRANT FROM DAKOTA COUNTY. Councilor Lorberbaum seconded the motion. Ayes: 3 Nays: I (Maczko) September 2, 2025, Mendota Neighls City Council Page 3 ofl2 F) ACCEPT PARKS AND RECREATION COMMISSION RESIGNATION AND AUTHORIZE THE ADVERTISEMENT OF THE COMMISSION OPENING Councilor Lorberbaum recognized the work of Dan Sherer on the Parks and Recreation Commission over the past five years. Councilor Lorberbaum moved to accept PARKS AND RECREATION COMMISSION RESIGNATION AND AUTHORIZE THE ADVERTISEMENT OF THE COMMISSION OPENING. Councilor Maczko seconded the motion. Further discussion: Acting Mayor Mazzitello commented that Dan Sherer has provided great value to the Commission throughout the years he has served. Ayes: 4 Nays: 0 G) APPROVE THE PROMOTION OF JAMES WALRATH FROM POLICE CADET TO POLICE OFFICER Councilor Lorberbaum recognized the great plan of the department to have a cadet in place to complete training and then have the opportunity to be hired as an Officer. She asked for more information on the hiring process. Police Chief Kelly McCarthy replied that the cadet program is a pipeline process and provided more information on that program. Councilor Lorberbaum moved to approve THE PROMOTION OF JAMES WALRATH FROM POLICE CADET TO POLICE OFFICER. Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 Mayor Levine arrived. It was confirmed that Acting Mayor Mazzitello would continue to chair the meeting. No items scheduled. No items scheduled. PRESENTATIONS PUBLIC HEARING NEW AND UNFINISHED BUSINESS A) TRAFFIC REVISION AT 750 MAIN STREET September 2, 2025, Mewdata Heights City Council Page 4 of 12 Public Works Director Ryan Ruzek introduced the applicant for this case Brian Smith, Happy Joe's, introduced himself and stated that they have identified a potential first location for the business in Mendota Heights. He stated that they do require a pick-up window to assist customers in winter conditions. Public Works Director Ryan Ruzek explained that the Council was being asked to consider approval of a traffic revision at 750 West Main Street in the Village/Town Centre and provided additional information on the request. Councilor Lorberbaum asked if the Medicine Shop window would be taken down. Public Works Director Ryan Ruzek replied that it would remain and noted that space is currently vacant. Councilor Lorberbaum recognized that this is a traffic change application, and her vote will be strictly related to the traffic change. She stated that this is also an opportunity for the applicant to provide additional information on his business. She was shocked to find that the business exists in many states already and asked for more information. Mr. Smith stated that the business also exists in Egypt and provided background information on the history of the business. He stated that the business/foundation is family -owned and recognized that the menu options vary based on the location. He confirmed that the business is community -centered. Councilor Lorberbaum commented that it seems that this would be a wonderful addition to the neighborhood and asked if the applicant is aware that there are existing pizza and ice cream businesses. Mr. Smith commented that he is aware of the two businesses and had a lot of discussion with the property owner on that topic before choosing this location. Councilor Lorberbaum asked why Mr. Smith chose Mendota Heights for his business. Mr. Smith replied that Mendota Heights is centrally located to many nearby attractions, and the location has high accessibility. He stated that Mendota Heights has a strong community feeling, which makes Happy Joe's a good fit. Councilor Paper asked about the timeline for the business. Mr. Smith anticipated seven to eight months. Councilor Paper asked if the landlord was not cautious about potentially cannibalizing two of its existing businesses. Mr. Smith replied that the existing pizza business is on borrowed time. He stated that ice cream for Happy Joe's is only about five percent of the sales, and therefore, they do not see that as real competition for the existing ice cream shop. September 2, 2025, d4endota Heights CiryComvcil Page 5 ofl2 Councilor Paper recognized that the pizza shop would then essentially be replaced with this new business. Councilor Mazzitello commented that he is a traditional Italian and hoped for some traditional menu options. Councilor Paper moved to approve a traffic revision at 750 Main St<eet in the age own Cent<e. Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2025-56 SUPPORTING REMOVAL OF THE DORSET ROAD CONNECTION TO DELAWARE AVENUE AND CONSTRUCTION OF A CUL-DE-SAC ALONG DORSET ROAD Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to consider Resolution 2025-56 supporting the removal of the Dorset Road connection to Delaware Avenue and the construction of a cul-de-sac along Dorset Road. Councilor Maczko asked if there had been any crash history or problems in that stretch of roadway. Assistant City Engineer Lucas Ritchie replied that there are no known or reported accidents in the intersection. He noted that residents in that neighborhood spoke at the public hearing about incidents with vehicles in their yards during winter conditions. Councilor Maczko stated that he has never heard of this being an issue, noting that he was a member of the Fire Department for 39 years. He asked about the length of the cul-de-sac that would be created. Assistant City Engineer Lucas Ritchie replied that the cul-de-sac would be 600 to 620 feet in length. Councilor Maczko asked if this option would require the purchase of right-of-way. Assistant City Engineer Lucas Ritchie confirmed that it would require right-of-way acquisition and explained that the County would go through that process. He stated that this project, regardless of the alternative chosen, would include right-of-way acquisition. He stated that the acquisition would be at the cost of the County and provided more information on the project JPA. He stated that under the JPA, the City would pay 7.5 percent of the total project cost, and the City would use the MSA funds for its portion of the project costs. Councilor Paper stated that in the plan, it appears land acquisition is only required from one property, while the other properties already have the necessary right-of-way provided. Public Works Director Ryan Ruzek provided additional information on the right-of-way that was previously vacated. He noted that the map shows the street curb line and not the right-of-way. Seytember 2, 2025, Mendota Heights Ciry Council Page 6 of 12 Councilor Paper stated that when people are traveling east on Dorset and want to make a left turn onto Delaware, it can be challenging because of the sight lines. Councilor Lorberbaum stated that she drove through this area recently, and the change makes sense in this case because of the opportunity with the larger road and trail project. Assistant City Engineer Lucas Ritchie confirmed that this is a unique situation based upon the circumstances, related project and it would not be precedent -setting. Councilor Lorberbaum commented that during the public hearing, a number of neighbors spoke about people speeding and asked for input from the Police Chief as to why the City does not use speed bumps. Police Chief Kelly McCarthy stated that, as the engineering staff attested at the public hearing, speed bumps create issues for plows, noise, and environmental reasons. She commented that emergency vehicles also do not go over speed bumps well. Mayor Levine asked for more information on the vacated parcel and home that would be removed. Assistant City Engineer Lucas Ritchie identified the vacated parcel, noting that the property had been listed for sale, and as they vetted challenges, the County took the opportunity to acquire the property through sale. He explained that the home would be demolished, and once the project is completed, the County would sell the remainder of the lot, which would allow a single-family home to be built on the property with access to Beebe. Mayor Levine acknowledged the need for that property as the proposed trail would almost touch the existing garage. Public Works Director Ryan Ruzek commented that the lot is about'/� an acre and the County only needs about two feet off of Delaware and the area for the trail on the southern portion of the lot; therefore, the remainder of the lot would remain buildable. Councilor Paper asked how the County's land acquisition is proceeding along Delaware. Assistant City Engineer Lucas Ritchie stated that he is not sure how each property is progressing, but the process is progressing as expected. He noted that some properties are more challenging than others, and therefore, there are individual conversations with each property owner. Acting Mayor Mazzitello asked and received confirmation that the County is designing this alternative as part of the Delaware project, will acquire the right -of --way, and will bid and oversee the construction of this part of the Delaware project. He stated that right-of-way acquisition is not something Mendota Heights typically does, but in this situation, because of the safety concerns and uniqueness, he can understand why this concept is being considered. He asked about the disposition of the no longer used Dorset Road right-of-way. Assistant City Engineer Lucas Ritchie replied that it would be a turfed slope that would ideally remain within right -of --way, unless there are concerns with keeping the right -of --way. September 2, 2025, Mendota Heights City Council Page 7 of 12 Acting Mayor Mazzitello asked if the length and need for the cul-de-sac would be consistent with the City Code, Community Development Manager Sarah Madden confirmed that the cul-de-sac would be warranted based on the current slope. Acting Mayor Mazzitello invited any residents who wish to speak to step forward. Mary Kirby, 3 Dorset Road, stated that she and her husband are in favor of the proposal. She stated that her largest concern is with the slope and runoff. She stated that she would have an interest in what is done with the vacated parcel and to learn of the management plans for the turf, noting that she would prefer more natural plantings. Councilor Paper moved to adopt RESOLUTION NO. 2025-56 SUPPORTING REMOVAL OF THE DORSET ROAD CONNECTION TO DELAWARE AVENUE AND CONSTRUCTION OF A CUL- DE-SAC ALONG DORSET ROAD, Councilor Lorberbaum seconded the motion. Further discussion: Councilor Maczko stated that he has a challenge with this, related to consistency and how the City has approached cul-de-sacs within the city. He noted a recent development where lengths of cul-de-sacs were discussed in detail and recognized the preference for through streets in the community. He commented that the road does not seem as steep as it is stated in the report, and the road has existed in this manner for more than 74 years. He commented that the road has been reconstructed multiple times since that time, and this option has never been discussed. He stated that there are no documented issues at the intersection. He stated that this seems to be inconsistent with the City's desire for connectivity and not to have cul-de-sacs of this length. He stated that the trail placement would seem to alleviate the sight concerns at the intersection. He recognized that MSA funds would be used by the City for its share of the project costs, but noted that those funds could be used in ways other than property acquisition. He stated that he would not want to see the City spend any money for right -of --way acquisition and feels that this request is inconsistent with the documented position of the City related to cul-de-sacs. Councilor Paper referenced the right -of --way and trail on the west side of Delaware, which would seem to change the slope to make it steeper if the road remained and they did not pursue the cul-de-sac option. Assistant City Engineer Lucas Ritchie provided more information on how the slope would be shifted to the west. He stated that funds would be spent in either scenario, whether the cul-de-sac is constructed or the 185 feet to Delaware is reconstructed, and provided additional information on MSA funds. Councilor Paper stated that if they proceed with the cul-de-sac, the trail connection serves a lot of purposes in connecting to what will be a nice trail along Delaware. Councilor Lorberbaum stated that she understands the position of Councilor Maczko, and generally, she also opposes cul-de-sacs for the reasons expressed by Councilor Maczko. She stated that she also September 2, 2@5, Mendota Heights City Council Poge 8 oj12 understands the need to make this improvement because of the opportunity brought by the County and with the trail. Mayor Levine stated that she is generally in or, although she does share some concerns with the cost, as she would not want to put the burden on taxpayers. She stated that Dorset does not come in at a right angle, and they generally do not like streets connecting where there is not a right angle. She stated that this alternative would seem to create a safer environment and remove a steep grade that approaches a busy street. Councilor Maczko commented that he has seen steeper streets and does not see the need for this. He commented that the City should never be in a position where it could lose MSA funds because they were not spent as they could be used on other road projects. PuUlic Works Director Ryan Ruzek explained that the City has purposely been saving MSA funds for the Delaware Avenue project to prepare for this expense. Assistant City Engineer Lucas Ritchie added that the only current project that is part of an MSA route would be Decorah Lane as part of the Friendly Hills project, noting that 100 percent of those costs were already allocated from the MSA funds. He stated that they are unable to utilize all the MSA funding each year based on the availability of staff and the need to plan for future improvement projects. Councilor Maczko commented that this would be one of the only cities in Minnesota to state they have trouble spending allocated funds, but recognized that it is a good position to be in. Acting Mayor Mazzitello stated that, from the County's perspective, this includes two City intersections to the west, which are extremely close together, and recognized the County desire to see one of those removed. He noted that Dorset comes in from the west and Moreland from the east, which is also not desirable for the County. He stated that it is then likely that the County would like to see the intersection removed, so alternatives were explored. Assistant City Engineer Lucas Ritchie confirmed that it is correct. Acting Mayor Mazzitello recognized that they would be removing the access to Dorset and Delaware, and a cul-de-sac is being pursued, as the residents in that neighborhood would still need emergency access. He referenced language within the City Code stating that cul-de-sacs shall not normally be longer than 500 feet, and it has been determined that the regulation is not enforceable, and cul-de-sacs longer than 500 feet have been approved; therefore, this would be consistent with prior City actions. He stated that cuWe-sacs are warranted where topographical conditions would preclude a through street. He recognized that 13.5 percent is larger than the allowed six percent; therefore, that topographic condition warrants a cul-de-sac. He stated that he is also very concerned with emergency access and prefers through streets but noted that there is an opportunity that the trail could be designed to accommodate an emergency vehicle, if it were necessary. He provided the steepness of other areas for comparison and asked others to consider driving up and down that slope in the winter conditions to get to their home. He believed that this is a fantastic solution to the issue and will be a great value to the City at a lower cost through the 7PA and County -led project. He recognized that the City is holding MSA funds for large projects in the future where the City will be required to cost -share. September 2, 2025, Mendota Heights Cig� Council Page 9 of IZ Ayes: 4 Nays: 1 (Maczko) C) RESOLUTION 2025-57 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT FOR 1867 HUNTER LANE (PLANNING CASE 2025-12) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider a MRCCA Permit for M&M Home Contractors to allow for the construction of a new single-family home on the property located at 1867 Hunter Lane. Councilor Maczko asked and received confirmation that the request fully complies with the City regulations related to the MRCCA process with no requested variances or areas of noncompliance. Acting Mayor Mazzitello stated that there is no need for a variance or any Conditional Use Permit (CUP) required related to the Corridor Critical Area Ordinance, Community Development Director Sarah Madden stated that the applicant will be submitting a CUP for the building height of the home, which is on track to go before the Planning Commission at its September meeting. Acting Mayor Mazzitello referenced condition four and asked if that should be updated. Community Development Director Sarah Madden replied that language is found within the findings of fact and not the draft resolution, but could be removed as described. Councilor Paper asked for more information on the use of"low intensity" as used in number two on that same page of the staff report. Community Development Director Sarah Madden replied that language is intended to acknowledge the distance between the boundaries of the primary conservation area and proposed improvements. Councilor Maczko moved to approve RESOLUTION NO. 2025-57 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO M&M HOME CONTRACTORS AND FOR THE PROPERTY LOCATED AT 1867 HUNTER LANE, WITH THE AMENDED LANGUAGE TO NUMBER FOUR AS DISCUSSED. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Paper commented that it looks like this will be a nice home. He stated that it appears that this home will be 9,000 square feet, and while the report states that this home will be consistent with existing homes, this home would be double the size of existing homes. He asked about the height of the proposed retaining walls. Public Works Director Ryan Ruzek commented that there are no walls higher than four feet. He stated that the wall along the northern property line would be two to three feet. September 2, 2025, Dlendota Heights City Cmmci] Page 10 of 12 Councilor Paper commented that there is an issue with the proposed pitch of the roof. Community Development Manager Sarah Madden replied that the applicant has indicated that there will be revised plans for the roof. She stated that the Building Code uses an averaging of heights between the two neighboring properties for a newly constructed home, and that was not caught during the initial review, so that will be discussed at a future request for a Conditional Use Permit, Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Mayor Levine thanked Acting Mayor Mazzitello for conducting the meeting, as she came to the meeting straight from the airport. She expressed sympathy to the neighbors in southern Mendota Heights who experience low -flying planes on the current flightpath. She hoped that all students would experience a happy school year. Councilor Lorberbaum commented that the noise continues from the airport as the runway is being repaired. She noted that improvement should be completed by September 26"7 and the noise should be lessened at that time. She acknowledged the great work of Townsquare Television and the awards the organization recently received. A video clip was played highlighting the Cops and Bobbers event. She thanked the parks and recreation staff and the Police for a great event. Councilor Maczko stated that as they reach the ceremonial end of summer, he reminded residents that kids are back in school, and it will get darker earlier in the day. He encouraged drivers to be alert for pedestrians and not become distracted while driving. He asked pedestrians to wear reflective clothing in the evening. Councilor Paper thanked Dan Sherer for his time on the Park and Recreation Commission, recognizing that he was a great link between the Commission and the athletic association. He encouraged interested residents to apply for the vacant position on the Commission. Acting Mayor Mazzitello stated that this is the first time since 2016 that a seated Mayor has not opened a meeting, which shows the dedication of the elected officials of Mendota Heights. Mayor Levine acknowledged that she only missed the Consent Agenda and was present for the remainder of the meeting. Acting Mayor Mazzitello commented on the recent football game he attended at TCO Stadium, noting that it was a great atmosphere and encouraged residents to support high school football. He stated that Labor Day is a recognition of those who labored to build this country, noting that most of the infrastructure in the early 1900s was built by immigrants. He stated that it has been 24 years since the Septeaaaber 2, 2025, Meaadota Fleights Ciry Coaaacil Page 11 of 12 horrible day of September 11, 2001, and commented that it should never be forgotten or how the country united in the aftermath. He offered heartfelt condolences to the families, students, facilities, and staff of Annunciation School of Minneapolis. He commented on the need to stop energizing hate. ADJOURN Mayor Levine moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Acting Mayor Mazzitello adjourned the meeting at 7:48 p.m. StepY anie ff. Levine Mayor ATTEST: cy Ba er Ci Clerk September 2, 2025, Mendota Heights City Council Page /2 of I2