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11 05 2025 City Council Meeting MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, November 5, 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, Paper, and Maczko were also present. Councilor Mazzitello was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Lorberbaum moved adoption of the agenda. Councilor Maczko 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 D and H. a. Approval of October 21, 2025 City Council Minutes b. Approval of October 21, 2025, Council Work Session Minutes c. Acknowledge Minutes from the September 25, 2025, Planning Commission Meeting Foundation e. Approve the Closure of City Hall on Friday, December 26, 2025 f. Approve Tobacco License Renewals for 2026 g. Approve an Addendum to the Recording Secretary Service Agreement with Timesaver Off Site Secretarial, Inc. commission i. Authorize the Purchase of Forcible Entry Training Prop for the Fire Department j. Adopt Resolution 2025-70 Calling for Public Hearing on Municipal Consent for the Sibley Memorial Highway Improvements and Turnback k. Accept a Proposal from and Award a Contract to MN Native Landscapes for the Rogers Lake Shoreline Enhancement 1. Approve August and September 2025 Treasurer's Report m. Approval of Claims List Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS D) ADOPT RESOLUTION 2025-62 ACCEPTING A DONATION FROM THE MENDOTA HEIGHTS COMMUNITY FOUNDATION Councilor Lorberbaum stated that the Mendota Heights Community Foundation is paying for a sign at the Friendly Hills pollinator garden and wanted the public to be aware of that. She stated that members of the Foundation are present to provide a short presentation. Ansis Viksnins, President of the Mendota Heights Community Foundation, presented a check in the amount of $1,000 to pay for the sign which will be placed in connection with the pollinator garden at Friendly Hills Park. He provided additional information on the Foundation and its focus. He stated that more information can be found on the Community Foundation website for those who are interested. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2025-62 ACCEPTING A DONATION FROM THE MENDOTA HEIGHTS COMMUNITY FOUNDATION. Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 H) APPROVE RESOLUTION 2025-69 APPOINTING PAU CORTES VALDES TO THE PARKS AND RECREATION COMMISSION Mayor Levine commented that there were incredible candidates, and she continues to be impressed by the talent in the community and their willingness to serve. She welcomed Pau as the newest member of the Parks and Recreation Commission. Mayor Levine moved to adopt RESOLUTION NO. 2025-69 APPOINTING PAU CORTES VALDES TO THE PARKS AND RECREATION COMMISSION. Councilor Paper seconded the motion. Further discussion: Council Paper encouraged those who applied to continue to apply and not be discouraged. Ayes: 4 Nays: 0 November 5, 2025 Menda[a Heights City Council Page 2 of /2 PRESENTATIONS A) AIRPORT RELATIONS COMMISSION UPDATE Gina Nor, ng, Chair of the Airport Relations Commission, provided information on the Commission, its purpose and history, as well as information on the current and future activities. Mayor Levine and the Council expressed thanks and appreciation to the members of the community who serve on this Commission. PUBLIC HEARING A) ORDINANCE NO. 603 —AMENDING TITLE 12: ZONING, TO INCORPORATE MINOR UPDATES RELATING TO LANGUAGE, TERMINOLOGY, CLARITY, AND TO CORRECT CITATIONS, CROSS-REFERENCES, AND CONFLICTING PROVISIONS (PLANNING CASE 2025-18) Community Development Manager Sarah Madden explained that the Council was being asked to approve an ordinance amending Title 12: Zoning to incorporate minor updates. Councilor Lorberbaum moved to open the public hearing. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Paper moved to close the public hearing. Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 Councilor Lorberbaum moved to adopt ORDINANCE NO. 603 AMENDING TITLE 12: ZONING, TO INCORPORATE MINOR UPDATES RELATING TO LANGUAGE, TERMINOLOGY, CLARITY, AND TO CORRECT CITATIONS, CROSS-REFERENCES, AND CONFLICTING PROVISIONS. Councilor Paper seconded the motion. Further discussion: Mayor Levine acknowledged that this is a clean-up item of ongoing work on the Zoning Code and appreciated the input that has been received that helped to guide these additional changes. Ayes: 4 Nays: 0 Councilor Maczko moved to authorize PUBLICATION OF A SUMMARY ORDINANCE FOR ORDINANCE NO. 603. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 November 5, 2025 Mendota Heights Clry Council Page 3 of L2 NEW AND UNFINISHED BUSINESS A) CITY OF MENDOTA HEIGHTS AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN Parks and Assistant Public Works Director Meredith Lawrence explained that the Council was being asked to approve the Americans with Disabilities Act (ADA) Transition Plan. Brit Berner, Consultant, presented the proposed ADA Transition Plan. Mayor Levine noted that the Council is asked to accept the plan and noted that changes can be made at a later time. She recognized that e-bikes were not included and is something the City will address in the future. Parks and Assistant Public Works Director Meredith Lawrence commented that staff will make some minor changes to the plan after it is accepted, and there will be larger discussions related to projects and budget. Councilor Maczko commented that some of the identified facilities are on County and State highways and asked who would be responsible for making those improvements. Parks and Assistant Public Works Director Meredith Lawrence commented that the City would identify the appropriate agency of the deficiency, and that entity would be responsible for the improvement. Public Works Director Ryan Ruzek explained that it would vary based on the project. He stated that if the County is leading a project that the City is not a partner of, the City would not have financial responsibility. He provided an example of a project the City is cost -sharing, and in that instance, the City would share a percentage of the cost. Councilor Maczko asked whether the plan identifies any deficiencies that would be the responsibility of other entities to address. Ms. Berner confirmed that it is identified within the plan. She explained that example language was provided for policies, and the City would still need to develop its own policy language in consultation with its attorney. Councilor Paper asked for more information on sidewalk gaps. Ms. Berner explained that it is intended to identify where segments of sidewalks are missing for connectivity. Councilor Paper asked how this was mapped. Ms. Berner replied that the survey technicians used photos and tools to measure each and every curb ramp, signal, and sidewalk segment. Councilor Lorberbaum appreciated the thorough report. November 5, 2025 Mendota Heights Ciry Council Page 4 of /2 Councilor Paper moved to accept THE AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN, Councilor Lorberbaum seconded the motion. Further discussion: Mayor Levine thanked all who participated in the creation of the plan and the residents who provided input. Ayes: 4 Nays: 0 B) RESOLUTION 2025-72 APPROVING THE APPLICATION OF M&M HOME CONTRACTORS FOR A MRCCA PERMIT FOR A RESIDENTIAL ADDITION TO A SINGLE-FAMILY HOME AT 1122 ORCHARD CIRCLE (PLANNING CASE NO, 2025-19) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider approving a Mississippi River Corridor Critical Area (MRCCA) Permit for M&M Home Contractors to allow for a residential addition at 1122 Orchard Circle. Councilor Lorberbaum stated that she walked the site with the homeowner. She asked ifthere is a timeline for the porch, if approved, and done in phases. Community Development Manager Sarah Madden replied that the proposed resolution would not include a timeline for construction. She stated that the applicant's plans identified the porch as a future addition, but all details were provided in the plan and therefore could be approved now and constructed at a later time. She stated that if there were any changes to the porch plans, such as the size, an additional MRCCA Permit may be necessary. Mike Fritz, applicant, stated that the goal is to construct the addition and porch at the same time. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2025-72 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO M&M HOME CONTRACTORS AND FOR THE PROPERTY LOCATED AT 1122 ORCHARD CIRCLE. Councilor Maczko seconded the motion. Further discussion: Mayor Levine acknowledged the great work of the Planning Commission and thanked them for the great job they continue to do. Ayes: 4 Nays: 0 C) RESOLUTION 2025-73 APPROVING THE APPLICATION OF COBALT BUSINESS CENTER, LLC FOR A CUP FOR A METAL MANUFACTURING USE AND ASSOCIATED OUTDOOR STORAGE OF BUILDING SYSTEMS EQUIPMENT AT THE PROPERTY LOCATED AT 1315 MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 2025-20) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider approving a Conditional Use Permit (CUP) for a metal manufacturing use and accessory outdoor storage for the Cobalt Business Center at 1315 Mendota Heights Road. November 5, 2025 Mendota Heights City Council Page 5 of 12 Evan Matson, applicant, commented that they are very excited to be here and have a tenant interested in the entire space, which is currently under construction and anticipated to be complete in 2026. He stated that the proposed company would be expanding into this location and provided additional information on the proposed uses within the building. Councilor Paper asked for information on the jobs that would be brought to the community through this project. Mr. Matson stated that there would be office, engineering, manufacturing, and robotics jobs. He stated that there would be 200 employees spread across two shifts, primarily concentrated during standard business hours. Councilor Paper asked for more information on the noise that would be created through the metal work. Mr. Matson stated that this project would comply with all City ordinances and regulations for noise, noting that they will not be doing stamping work, and the equipment that the company is investing in will decrease the noise that is currently generated in their other locations. Councilor Paper commented that this would be a great addition to the community, repurposing the space and bringing jobs to the community. Councilor Maczko agreed that this would be a great addition to the community with good -paying jobs. He stated that his concerns were addressed through the proposed screening. Councilor Lorberbaum commented that it is great to see the vision of Mr. Matson and his partners coming to life. Councilor Paper moved to approve RESOLUTION N0.2025-73 APPROVING A CONDITIONAL USE PERMIT FOR A METAL MANUFACTURING USE AND ACCESSORY OUTDOOR STORAGE AT 1315 MENDOTA HEIGHTS ROAD (PLANNING CASE 2025-20), Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 D) FRIENDLY HILLS STREET IMPROVEMENTS ASSESSMENT ROLL RECONSIDERATION FOR PARCELS 27-27800-21-143 AND 27-27800-21-071 Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to provide direction to staff on reviewing the adopted assessment roll for the Friendly Hills Street Improvement Project. Councilor Maczko asked if the property is still titled as one, even though there are two PIDs. Public Works Director Ryan Ruzek replied that the deed does list all the individual parcels, but is described as one property under one deed. November $ 2025 d9ewdota Heights City Comicil Page 6 of 12 Councilor Paper reviewed the property history that was provided in the packet, noting that the property is currently listed for sale for $2,900,000, and the City has offered a deferment of the assessment. He stated that it appears the option before the Council is to either let one of the assessments go or pursue this in court and incur more legal fees. Public Works Director Ryan Ruzek replied that is correct. He stated that the City would have the option to consider this as one property, with one assessment. He stated that there would be a deferral option for the undeveloped parcel, which would then be paid when the property changes ownership, or the assessment for the two properties could stand as adopted at the last meeting. Councilor Maczko asked if the Council is being asked to recombine these lots. Public Works Director Ryan Ruzek stated that the Council could request the property owner to recombine the properties. He stated that if that were done, there would only be one parcel to assess. Councilor Maczko stated that his property for his lake home actually has two tax identification numbers, but is one parcel. He noted that a section line runs through his property, and therefore, the County decided to split his property into two tax identification numbers, even though it is one property by deed. He stated that he is open to reconsidering the assessment for this property. Public Works Director Ryan Ruzek provided additional details on the assessment process and certification of the assessment roll to the County. Councilor Paper commented that they can either guide staff to treat this as one parcel or let this run through the court system, which will cost more than the second assessment would. Public Works Director Ryan Ruzek commented that the property owner was present and could provide input on whether he would be willing to recombine the properties, as perhaps the Council would be more willing to forgo one of the assessments in that case. Bernie Friel, 750 Mohican Lane, stated that he is in no position to cause the property to be put into a single tax parcel, noting that the property is listed as a single property and has been since he purchased it, even though it is composed of 19 lots and adjacent vacated streets. He stated that the mortgage company would not be interested in having an attempt made to change the tax identification parcels, as it was at the insistence of the mortgage company that led to the creation of a second tax parcel. Mayor Levine commented that the concern is that in 2009, there was a lot split done to assist with the mortgage, which was not a true lot split. She recognized that the matter did not follow the typical path with a vote of the City Council. She commented that there is one home, on one parcel, and it would make sense for that property to truly be one property. She explained that when road projects are assessed, it is done based on property identifications, and this property has three identifications, two of which have frontage on the road and were therefore assessed. She asked if the resident would be willing to talk to Dakota County to figure this out so that only one lot would show on the roadway. Mr. Friel stated that tax parcels are created by the County for the benefit of the County. He stated that he would not be willing to change that because it is a requirement of the mortgage company. He stated that he has three tax parcels and had no control over the changes that needed to occur from one tax parcel to three. He noted that the Bridgeview Shores parcel is entirely a different matter. November 5, 2025 Mendota Heights City COUMU Page 7 of 12 Councilor Paper asked why the bank had asked that the property be separated in 2009, Mr. Friel stated that the mortgage people were not used to dealing with metes and bounds descriptions and vacated parcels and streets, and therefore, he was asked to create a tax parcel for only the property being mortgaged. He explained that Norwest Bank merged with Wells Fargo prior to the refinance in 2009, Councilor Paper reiterated that it was one property and only a portion of the property was mortgaged in order to protect part of Mr. Friel's interest and not let the mortgage company hold the entire property. Councilor Lorberbaum stated that she would request information from staff on what would be recommended, whether it would be an exception to the policy, as well as any implications that could arise from a decision. Mr. Friel stated that he only has 30 days to appeal from the date of the last meeting. Public Works Director Ryan Ruzek stated that City Administrator Cheryl Jacobson sent an email outlining the timelines. He stated that if Mr. Friel proceeded with his suit against the City and the decision was made to reverse an assessment at the December 2nd meeting, Mr. Friel would either need to proceed with or withdraw the suit. He stated that in that situation, Mr. Friel would still lose the filing fee of about $250. Councilor Maczko commented that he believes that the City should treat this as one lot, as it is described as one lot. He stated that through this process, he discovered that his own property has two tax identification numbers, even though it is one parcel. He commented that the property is listed for sale as one property, has been maintained as one property, and only has one home. He stated that, for the effort and cost to defend an appeal, he believed that there is merit in the request and believes that they should move forward, considering this as one parcel. He did not believe this would set a precedent, as this is a unique situation, as the property could not be further built on without subdivision. Councilor Lorberbaum asked if this decision would set a precedent or whether it would be considered unique. City Attorney Amy Schmidt stated that every situation is unique, and she could not speak as to whether a precedent would be set. She noted that this would not be a policy change and, therefore, it would come down to someone remembering that this occurred, recognizing that no two situations are identical. Mr. Friel stated that he has resisted offers from developers who want to split the parcel, which is why it continues to be marketed as one property for sale. Councilor Paper asked for more information on the situation that occurred in 2009, where the lot split did not come before the Council. Mr. Friel commented that he was unsure, noting that he spoke with the then City Administrator and was provided the information he needed to proceed with the County. City Attorney Amy Schmidt stated that if two PIDs were created for mortgage purposes, it does not appear that it occurred through the subdivision process. November 5, 2025 Mendota Heights City Council Page 8 of 12 Mayor Levine stated that it seems highly irregular that a City Administrator would work directly with the County and not go through the Council to do a lot split or create a second PID. Public Works Director Ryan Ruzek stated that he was unsure of what happened, but it does not appear that formal Council action took place under the subdivision ordinance. City Attorney Amy Schmidt stated that each of the PIDs does have a separate legal description attached, and the certificate of title was not amended. She stated that it is an irregular situation as to how it occurred, but under the City's assessment policy, this property contains two assessable units. Public Works Director Ryan Ruzek stated that if a building permit application were received on the undeveloped property, staff would need to advance that, as it is a legally platted property. He confirmed that if a single-family home were going to be constructed, it would only require a building permit and would not have to go before the Planning Commission or City Council. He stated that staff agree that this should have been formalized as a lot split under the subdivision code in 2009, although that did not appear to happen. He stated that does not invalidate that the County split the lot. Mr. Friel stated that the tax parcel split has nothing to do with the subdivision of the City. He stated that Wells Fargo requested the second parcel identification, which was not something that he wanted. Councilor Paper commented that Wells Fargo did not call the City to request this to be done. He stated that a decision needs to be made on this. Mr. Friel agreed that he called the City because Wells Fargo was requiring that it be done for the refinance of the mortgage. Councilor Paper stated that Mr. Friel requested the creation of the additional tax identification parcel, and now he wants it treated as one. Councilor Maczko stated that, regardless of how it was done, the letter was provided to Mr. Friel. He stated that the property has always been treated as one parcel and is listed for sale as one parcel. Hes e that if the letter from the City Administrator had never been issued, there could be merit seen by a judge who finds that the property should just be assessed as one. He stated that the property is also deeded as one parcel and therefore he supports assessing the property as one. He believed that this action would not set a precedent or change the policy of how they do things, as this is a unique situation. Councilor Lorberbaum stated that the subdivision process was not completed, and therefore, within the City, they think of it as a single parcel even though the County views it differently. City Attorney Amy Schmidt clarified that it is two parcels under the County, and both tax parcels are listed under a single certificate of title. She stated that the deed included all of the platted lots, platted in 1954, She stated that under the City policy, this would be two units per tax parcel that is subject to special assessment. She stated that a mortgage could have been applied to the entire tax parcel. Mr. Friel stated that the mortgage at the time was just on the five lots and that was what Wells Fargo wanted. November 5, 2025 Mendo[a Heights City Council Page 9 of 12 City Attorney Amy Schmidt stated that the difficulty is that there are different divisions of land, but it is still the same land. She stated that, for whatever reason, the property was divided into two at the request of Mr. Friel. She stated that there are now two tax IDs assigned by the County, and both are assessable. She stated that the Council must decide if they want the previously adopted assessment roll to stand, or amend that to remove one of the assessments against Mr. Friel. She stated that in order to do the latter option, there would need to be a notice, which would require 14 days. Councilor Lorberbaum asked if that would require Mr. Friel to pay the $250 filing fee. City Attorney Amy Schmidt replied that it would be the decision of Mr. Friel whether to continue with his appeal. She stated that currently, both of the parcels are subject to assessment under the assessment roll adopted at the last meeting, and in order to continue with an appeal, Mr. Friel would need to file his appeal within 30 days of the adoption of that roll. Councilor Lorberbaum stated that if the City chooses to only assess one property, Mr. Friel would not need to appeal. City Attorney Amy Schmidt stated that because of the notice that is required, the meeting where the Council could consider that action would not occur before the 30-day expiration, and therefore, it would be the decision of Mr. Friel whether he wants to continue with the appeal to preserve his rights. Mr. Friel asked if the sending of a new notice to him would begin a new period for him to file objections, which would essentially extend the 30 days. City Attorney Amy Schmidt stated that the two actions would be separate. She stated that direction can be provided to staff to submit the roll to the County, and the assessment roll would stand as submitted. She stated that the Council could also direct staff to notify Mr. Friel of a reassessment hearing, at which time the Council would decide whether to change the assessment for the two parcels. Councilor Lorberbaum commented that she would support the latter option. Councilor Paper asked if Councilor Lorberbaum would then like the matter to come back on December 2"d to make a decision. Councilor Lorberbaum asked if there is a cleaner way to do that Mayor Levine commented that the cleaner way to is to direct staff to assess the property as one, which would then be noticed through a reassessment hearing. City Attorney Amy Schmidt clarified that at the reassessment hearing, the decision would be made on whether to reassess the property. Councilor Lorberbaum stated that she would be comfortable assessing the Friels once, with the City taking on the other assessment. Councilor Paper stated that the City is in a spot where it would end up in District Court and end up upside down for no reason. He asked who would pay the second assessment. November 5, 2025 Mendota Heigh[s City Council Page /0 of 12 Public Works Director Ryan Ruzek replied that it would become part of the project cost. Mayor Levine commented that the $5,000 would be shifted from the person being assessed to the general taxpayers. She stated that she is troubled by this case because exceptions were made to the rules that should not have been made, and while it probably seemed harmless at the time, it now creates issues years later. She stated that the reality is they are in a boat where they would face legal costs that would far outweigh the $5,000, and sometimes they need to make the decision that is best for the community, even if it makes them uncomfortable. She stated that this is the reason they do not make exceptions, and they follow the rules. She confirmed the consensus of the Council to direct staff to send a notice to the Friels of a reassessment hearing. James Reudelsterz, 747 Keokuk Lane, stated that he received a notification of the assessment but noted that his street has not yet been repaired. Mayor Levine commented that there was a presentation at the last meeting, where the public hearing was held, and that question was addressed. She noted that staff can speak with the resident to provide additional information. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Lorberbaum invited residents to visit the website for the Mendota Heights Community Foundation to find out how they can become involved. She thanked everyone who attended the open house the previous week, where they continued to discuss the municipal campus project, and looked forward to continued community input. Councilor Maczko recognized the upcoming Veterans Day holiday, where all veterans are recognized and thanked for their service. He also wished those who participate in a safe deer hunting season, as rifle season is opening. Councilor Paper thanked the members of the Airport Relations Commission who attended tonight to provide an update on the great work that they do. He commented that November is "Movember" and encouraged men to get themselves checked. Mayor Levine recognized military veterans, including her father, who was a member of the Navy. FAVI Councilor Paper moved to adjourn. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:32 p.m. November• 5, 2025 Mendota Heigb(s Cily Council Page /1 oj72 1 Steph a Ire4vine Mayor ATTEST: Nan&y Bauer City Clerk November 5, 2025 Mendota Heights City Council Page /2 of 12