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01 06 2026 City Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL REGULAR MEETING AGENDA January 6, 2026 at 6:00 PM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Approval of the Agenda The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5.Public Comments - for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6.Consent Agenda Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from the consent agenda will be taken up as the next order of business. a.Approve Minutes from the December 16, 2025, City Council Meeting b.Approve Minutes from the December 16, 2025, City Council Work Session c.Designate Acting Mayor for 2026 d.Designate Official Newspaper for 2026 e.Acknowledge the October Par 3 Financial Report f.Approve Amendment No. 2 to Omnibus Agreement with the Board of Water Commissioners of the City of Saint Paul g.Approve 2026 Financial Items and Authorize Finance Director to Execute Electronic Payments and Prepay Claims Page 1 of 63 h.Adopt Resolution 2026-03 Renewing the Emergency Management Joint Powers Agreement Between Dakota County and the City of Mendota Heights i.Approve Purchase of Park AEDs j.Approve Claims List 7.Presentations 8.Public Hearings 9.New and Unfinished Business 10.Community / City Administrator Announcements 11.City Council Comments 12.Adjourn Next Meeting January 20, 2026 at 6:00PM Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov. Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at townsquare.tv/Mendota-Heights-Streaming Page 2 of 63 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, December 16, 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, Mazzitello, and Maczko were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. CONSENT AGENDA Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent agenda as presented, pulling items D, F, I, M, and N. a.Approval of December 2, 2025, City Council Minutes b.Approval of December 2, 2025, City Council Work Session Minutes c.Approve 2026 Schedule of City Council Meeting Dates d.Adopt Resolution 2025-90 Formally Accepting a Donation from the Coss Family Foundation e.Approve the Appointment of Mayor Stephanie Levine to the St. Paul Regional Water Services (SPRWS) Board of Water Commissioners f.Approve 2026 Fourth of July Fireworks g.Authorize a Second Amendment to the Joint Powers Agreement with Dakota County to Operate Residential Food Scraps Drop Site Page 3 of 63 6.a December 16, 2025, Mendota Heights City Council Page 2 of 17 h.Approve the 2026 Community Waste Abatement Agreement with Dakota County i.Approve the Purchase of a Standby Generator for the Par 3 Maintenance Building j.Authorize the Purchase of a Replacement Fire Department Chief 1 Vehicle k.Approve Fire Holiday Pay Policy l.Adopt Resolution 2025-88 Adopting the 2026 Pay Classification Plan for Non-Union Employees m.Approve 2026-2027 Public Works Union Contract with Teamsters Local 320 n.Adopt Ordinance 605 – Amending City Code 10-5-6: Water Surcharge o.Approve a Grant Agreement for the Geothermal Planning Project p.Adopt Resolution 2025-87 Accepting Bids and Awarding Contract for the Basin IV-P126 Improvement Project q.Adopt Resolution 2025-84 to Defer Street Rehabilitation Assessment at 723 Cheyenne Lane r.Adopt Resolution 2025-91 Accepting Work and Final Payment for Emerson Avenue Street Improvements Project 202306 s.Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS D) ADOPT RESOLUTION 2025-90 FORMALLY ACCEPTING A DONATION FROM THE COSS FAMILY FOUNDATION Mayor Levine acknowledged the incredibly generous gift that the Coss Family Foundation provided to the Fire Department. She stated that the funds are used to purchase equipment for fire safety, which benefits the entire community. Mayor Levine moved to adopt RESOLUTION NO. 2025-90 FORMALLY ACCEPTING A DONATION FROM THE COSS FAMILY FOUNDATION. Councilor Maczko seconded the motion. Ayes: 5 Nays: 0 F) APPROVE 2026 FOURTH OF JULY FIREWORKS Mayor Levine commented that this July will be the 250th anniversary of the United States becoming a country, and Mendota Heights is one of the only communities in the area that has fireworks on July 4th. She stated that the City will be doing some fun things around the 4th of July holiday and encouraged residents to stay tuned. Mayor Levine moved to approve THE BUDGET EXPENDITURE FOR THE CITY’S FOURTH OF JULY FIREWORKS DISPLAY AND AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE THE NECESSARY CONTRACT AND AGREEMENTS WITH J & M DISPLAYS AND MENDAKOTA COUNTRY CLUB. Councilor Mazzitello seconded the motion. Ayes: 5 Page 4 of 63 December 16, 2025, Mendota Heights City Council Page 3 of 17 Nays: 0 I) APPROVE THE PURCHASE OF A STANDBY GENERATOR FOR THE PAR 3 MAINTENANCE BUILDING Councilor Maczko stated that he is a little reluctant to approve this and was curious as to the number of times the power has gone out at the Par 3 in the last five years, the length of outages, and whether those outages are occurring in the summer or winter. Parks and Recreation/Assistant Public Works Director Meredith Lawrence estimated that a dozen outages have occurred in the last five years, with 75 percent of outages occurring in the cold weather months and 25 percent in the warm weather months. She stated that the duration of outages was dependent on the reason, from a few hours to as long as three days. She commented that she does not have full reports from Xcel Energy, and this is based on the times that she has been called with reports at night and/or on weekends. She explained what occurs when an outage occurs. Councilor Maczko commented that he cannot recall many three-day outages ever, as a resident. He stated that he cannot support spending $11,000 on a generator for the maintenance building. He stated that he would support wiring a transfer switch to the building but could not support this request as he has not seen data that a generator is needed. Councilor Mazzitello moved to approve THE PURCHASE OF A STANDBY GENERATOR FOR THE MENDOTA HEIGHTS PAR 3 MAINTENANCE BUILDING FROM ALLIED GENERATORS FOR $11,350. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 1 (Maczko) M) APPROVE 2026-2027 PUBLIC WORKS UNION CONTRACT WITH TEAMSTERS LOCAL 320 Councilor Lorberbaum stated that she wanted to ensure that everyone was comfortable with the red line version. Councilor Mazzitello asked if a copy of the redline contract was provided, as he did not see it. City Administrator Cheryl Jacobson stated that a red line copy was not provided in the packet, but was requested by and provided to Councilor Lorberbaum and provided at the dais. Councilor Lorberbaum moved to approve THE 2026-2027 LABOR AGREEMENT WITH THE TEAMSTERS LOCAL 320 REPRESENTING PUBLIC WORKS EMPLOYEES. Councilor Mazzitello seconded the motion. Further discussion: Councilor Maczko asked that this type of information be provided in the packet in the future. He appreciated the red line copy, as there were a few more language changes that he found interesting and would have liked to see ahead of time. Page 5 of 63 December 16, 2025, Mendota Heights City Council Page 4 of 17 Ayes: 5 Nays: 0 N) ADOPT ORDINANCE 605 – AMENDING CITY CODE 10-5-6: WATER SURCHARGE Councilor Lorberbaum acknowledged that prices increase, but in this case, the surcharge is being reduced. She explained that Mendota Heights residents have a surcharge for the water utility system, which was originally ten percent, decreased to five percent, and will now be decreased to 2.5 percent. She explained the improvements that are funded through the surcharge. Councilor Lorberbaum moved to adopt ORDINANCE NO. 605 AMENDING CITY CODE 10-5-6: WATER SURCHARGE. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING A) 2026 FEE SCHEDULE City Clerk Nancy Bauer explained that the Council was being asked to hold a public hearing to consider Ordinance 604, which would adopt the 2026 Fee Schedule. Councilor Lorberbaum moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to adopt ORDINANCE 604 AMENDING THE FEE SCHEDULE. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Maczko stated that there was a request from a citizen earlier in the year related to building permit fees, and there was a promise to have a discussion before considering fees for the year. He stated that City Administrator Cheryl Jacobson told him that they would have that discussion in the first quarter of 2026, and he asked what the harm would be in waiting to have that discussion prior to adopting the fees. Page 6 of 63 December 16, 2025, Mendota Heights City Council Page 5 of 17 City Clerk Nancy Bauer replied that staff asks that the Council adopt these changes tonight so that the increases can be reflected in the Par 3 system prior to 2026. She stated that park reservations and fee inquiries begin to occur in January of 2026. Councilor Maczko commented that he does not want the discussion of the building permit fees to fall aside, using the example of a window permit. He stated that if this is going to be adopted tonight, then he would like a commitment that this discussion occurs early in the first quarter. His other suggestion was to postpone this action to January and hold the workshop on building permits in January as well. City Clerk Nancy Bauer commented that the discussion on building permits will occur early in 2026, and the fee schedule can then be amended as needed. City Administrator Cheryl Jacobson confirmed that the building permit discussion is on the workshop agenda for February. She asked that the fee schedule be approved tonight, with the commitment that staff will reevaluate the permits based on valuation in February. Mayor Levine acknowledged three new opportunities for resident park donations to include trees, picnic tables, and free little libraries. Ayes: 5 Nays: 0 Councilor Mazzitello moved to approve SUMMARY PUBLICATION OF ORDINANCE NO. 604. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 B)RESOLUTION 2025-89 PUBLIC HEARING ON MUNICIPAL CONSENT FOR THE SIBLEY MEMORIAL HIGHWAY IMPROVEMENT AND TURNBACK Public Works Director Ryan Ruzek provided background information on the request. The Minnesota State Department of Transportation (MnDOT) is planning on rehabilitating Sibley Memorial Highway in advance of a turnback to the City. As part of the design process, MnDOT needs to ask for local government approval of the sixty percent design plans. Nicole Stromgren, MnDOT Project Manager, provided an overview of the proposed Sibley Memorial Highway improvement project. Councilor Lorberbaum asked why the City is asked for approval at the sixty percent design phase rather than waiting until the design is completed. Ms. Stromgren stated that, typically, involvement of the City occurs at an earlier phase, but this project did not include a layout phase. She was unsure why municipal consent was requested at this phase. Page 7 of 63 December 16, 2025, Mendota Heights City Council Page 6 of 17 Public Works Director Ryan Ruzek explained that MnDOT wants to ensure that there is support before they continue to invest time and money finalizing the design; therefore, this is the most efficient way to move through the process. Councilor Maczko asked about the transition point between the north and south sections. Public Works Director Ryan Ruzek identified the Mendota interchange project that was completed in the early 90s, noting that the section where curb and gutter occur is the transition point. Ms. Stromgren noted that most of the project is within the southern portion. Mayor Levine acknowledged that this turnback has been discussed for many years. She acknowledged that typically roads last 25 years and asked how long this reconstruction is expected to last before the City would be on the hook for reconstruction, noting that there are no properties to assess for improvements. Ms. Stromgren stated that MnDOT anticipates that this treatment would last 12 to 15 years. Public Works Director Ryan Ruzek replied that this would be considered a State turnback and, therefore, MSA funds could be used for future improvements. Mayor Levine acknowledged that MSA funds could be used, but that would not cover the entire cost. Public Works Director Ryan Ruzek acknowledged that the City will need to make decisions within the next ten years as to how it wants to treat the roadway for improvement. Councilor Paper asked how far out in the future the City can make a decision that it no longer wants to take care of this road for the section from the trucking companies north. He asked how long, after the improvements, the City would be obligated to keep this section open. Public Works Director Ryan Ruzek replied that this would be a State-aid section. He stated that if the City chose to cul-de-sac the road within 12 to 15 years after the improvement, it could do so, but it would no longer be MSA eligible. Councilor Mazzitello moved to open the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-89 APPROVING MUNICIPAL CONSENT FOR THE MINNESOTA DEPARTMENT OF TRANSPORTATION SIBLEY MEMORIAL HIGHWAY REHABILITATION PROJECT. Page 8 of 63 December 16, 2025, Mendota Heights City Council Page 7 of 17 Councilor Paper seconded the motion. Further discussion: Councilor Mazzitello stated that 17.5 years ago, he started employment with the City of Mendota Heights, and they were already discussing this turnback, noting that multiple iterations have been discussed for this segment, and he was happy to see a resolution for that. He stated that the turnback funds and MSA funds could be used for a future improvement project. Ayes: 5 Nays: 0 C)RESOLUTION 2025-86 ORDERING OF IMPROVEMENTS FOR THE HAMPSHIRE ESTATES STREET PROJECT Assistant City Engineer Lucas Ritchie provided background information and stated that the Council was being asked to approve Resolution 2025-86, ordering the Hampshire Estates Street Improvements project. Councilor Mazzitello asked if this project is being designed by City staff. Assistant City Engineer Lucas Ritchie confirmed that this project is intended to be designed internally by staff, but consultant assistance may be requested for construction observation. Councilor Mazzitello commented that Engineering Technician Bobby Crane is one of the best there is, and he was confident that this would be a great project design with him at the helm. Councilor Lorberbaum noted that within the consent agenda, there was an item for a deferred assessment and confirmed that option would be available for this project as well. She reviewed the criteria that would allow a resident to defer their assessment, noting that the assessment would continue to accrue interest until the property transfers ownership or the assessment is paid. Councilor Maczko asked if the pavement section is only two to 2.5 inches in thickness. Assistant City Engineer Lucas Ritchie confirmed that was the average thickness found through their preliminary work. Mayor Levine stated that the developer would have installed the road, as this is the original road in that area. Councilor Maczko commented that it is amazing that the roads are in the condition they are with that thickness. He asked if the new section would be three to four inches in thickness. Assistant City Engineer Lucas Ritchie confirmed that they would be installing a four-inch thickness. Councilor Maczko commented that it is disappointing that the City did not notice the thickness upon its original inspection. He stated that he likes the idea of the trail around the park with the bump-outs and asked if that would be done at both intersections to calm traffic speed. He noted that it also helps to create defined parking bays. Page 9 of 63 December 16, 2025, Mendota Heights City Council Page 8 of 17 Assistant City Engineer Lucas Ritchie replied that the bump-outs would be on both sides, with the crossing just on the west side. He stated that the bump-outs would only be at the one intersection. Public Works Director Ryan Ruzek stated that bump-outs are not proposed for Hampshire, as that is a T- intersection, and they do not feel it would be a good addition. Councilor Maczko stated that he believes traffic calming would be a benefit and would encourage staff to look at that option. Assistant City Engineer Lucas Ritchie stated that they will be able to gather data from both sections, and it is something they could include in the design, as an option. He stated that he would want to ensure that sightlines are not impacted. Councilor Paper thanked staff for keeping this project design in-house. He asked if there would be flashing lights at the crosswalks. Assistant City Engineer Lucas Ritchie stated that they had not planned for that addition, but it is something staff could consider. Public Works Director Ryan Ruzek stated that the Council will also need to discuss radar feedback signs as a traffic calming measure. He stated that the flashing lights could be added later, if needed, but ten to 15 people crossing per hour would be needed to warrant that type of improvement. He stated that there is not currently a flashing light crossing at this location. Councilor Paper asked if the timing of bids would land in a sweet spot. Assistant City Engineer Lucas Ritchie stated that this timing is a tried-and-true sweet spot, although he cannot guarantee how the pricing will land. Councilor Maczko encouraged staff to look at Dakota County’s policy/process for pedestrian crossings, as it is based on good data. Councilor Mazzitello moved to open the public hearing. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-86 ORDERING OF IMPROVEMENT PROJECT FOR THE HAMPSHIRE ESTATES STREET IMPROVEMENT PROJECT (PROJECT #202506). Page 10 of 63 December 16, 2025, Mendota Heights City Council Page 9 of 17 Councilor Paper seconded the motion. Further discussion: Mayor Levine noted that it will be a busy summer of construction in 2026 in Mendota Heights. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) AUTHORIZE THE PURCHASE OF OPENGOV’S ASSET MANAGEMENT SOFTWARE Assistant City Engineer Lucas Ritchie explained that the Council was being asked to authorize a purchase for the acquisition and implementation of OpenGov’s Asset Management software. Councilor Paper commented that this is something that he believes will prove to save the city money in the long run, providing a better understanding of equipment and needs. He then asked who would input the data. Assistant City Engineer Lucas Ritchie replied that for the first six months, OpenGov would enter the data, and then staff would begin to enter the data. He noted that some information would become automated as to the data and time that is allocated for maintenance, while other items would be entered manually. Councilor Paper asked who would be tasked to gather the data for OpenGov to enter. Assistant City Engineer Lucas Ritchie acknowledged that there will be some time on the front end to gather and provide the data as a starting point. He stated that he would begin to do that over the next few weeks to provide to OpenGov. He stated that he would be the lead person on the project. Councilor Paper asked for more information on 811 integration. Assistant City Engineer Lucas Ritchie stated that 811 is required before a dig to locate utilities. He stated that data will be integrated into this system to eliminate the need for the City to go through 811. Councilor Maczko commended staff for the thorough report, noting the key points related to maintenance. He stated that this has been a focus of his since he joined the Council, as he sees the benefit of having this data and ensuring things are properly maintained. He stated that this will also prevent something from being replaced before it needs to be. He liked how all departments were involved in this process and believed that this software would pay dividends to the City in the long run. Councilor Lorberbaum echoed the positive comments about the presentation. She noted that all her questions have been answered by staff, and she believes that this will be a great asset to the City, staff, and residents. Councilor Mazzitello moved to authorize A PURCHASE FOR THE ACQUISITION AND IMPLEMENTATION OF OPENGOV’S ASSSET MANAGEMENT SOFTWARE. Councilor Paper seconded the motion. Page 11 of 63 December 16, 2025, Mendota Heights City Council Page 10 of 17 Ayes: 5 Nays: 0 B) MUNICIPAL CAMPUS BUILDING PROJECT – RESOLUTION 2025-93 ORDERING THE IMPROVEMENT AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A NEW POLICE DEPARTMENT AND CITY HALL BUILDING City Administrator Cheryl Jacobson provided a brief background on this item. The Council was being asked to consider Resolution 2025-93 ordering the improvement and authorizing preparation of plans and specifications for the construction of a new Police Department and City Hall building. Chris Ziemer and Kristin Duerr of ICS Consulting, Inc., presented findings from the Municipal Campus Project condition assessment and space needs study. Mayor Levine thanked the consultants, acknowledging the long process and resident involvement. Councilor Lorberbaum thanked the consultants for an excellent presentation. She stated that this has been a long process, and the information was readily available on the City website as well. She commented that they will continue to engage the public as they move forward. Councilor Maczko asked where the community input would be on the project schedule. Mr. Ziemer stated that there are four community engagement points scheduled and identified those on the schedule. City Administrator Cheryl Jacobson stated that the City will continue to share information on the project website page and through social media. She stated that a newsletter would also be created that can be emailed to those who request it, and noted other forms of communication the City will use to keep residents informed. Ms. Duerr commented that they will continue to work with staff to incorporate resident engagement in addition to the four built into the design process. Councilor Maczko asked when the bond sale would occur. Mr. Ziemer replied that it is yet to be determined, noting that the Council would work with Ehlers to determine that. Councilor Maczko commented that he would not want to approve a project without knowing that they can fund it. He believed that the action tonight would authorize the next step of schematic design. He stated that there was never a conversation with residents related to the proposed location of the building on the site and how that would impact other elements, such as the ballfield. He stated that there was one public meeting thus far where there was consensus that this building should not be reused, and they should move forward. Page 12 of 63 December 16, 2025, Mendota Heights City Council Page 11 of 17 Mayor Levine stated that at this time, they should be asking questions, and some items would better fall under discussion. Councilor Maczko stated that moving forward, he would like to see the plan laid out with how the public will be involved. He asked what they were ordering tonight. Mayor Levine also asked what Council was approving tonight and whether they would have the opportunity to back out in a month or two, if they do not like any of the options. Mr. Ziemer replied that the Council would be authorizing moving ahead with plans and specifications, and the next step would be for the Council to approve the plans and specifications and go out for bid. Councilor Mazzitello stated that between tonight and the bid package review, there will be check-ins with updates for the City Council, which are open to the public. He stated that at those stages, they can make changes to the design as they move forward. Councilor Paper asked what CJN is. Mr. Ziemer replied that CJN is the Criminal Justice Network. Police Chief Kelly McCarthy stated that CJN is the technical consortium that the City is a part of with the County, which includes 28 law enforcement entities to provide effective and efficient government. She clarified that it is for technology services. Mayor Levine stated that the job tonight is to decide whether or not to move forward with the dig once option. Mayor Levine encouraged residents to ask questions when they have them. Ms. Duerr commented that they do have information on the City website explaining how they got to this point, including the pros and cons of each site they were asked to explore. Councilor Maczko stated that it seems that tonight they are authorizing the consultant to move forward with the build, including CJN, through final design and specification. He asked how the community member would be selected for the guidance team for this project and whether that could be increased to include two or three members. Mr. Ziemer commented on the importance of keeping the group small for purposes of efficiency and productivity but noted that they could include more than one member of the public, if desired. He stated that they would develop an application that the City would make available to residents. He noted that the community member would need to have construction knowledge, as this is a construction project. Councilor Maczko commented that he believes that someone could still add value without construction knowledge, as they would bring the knowledge of their community. Page 13 of 63 December 16, 2025, Mendota Heights City Council Page 12 of 17 Councilor Lorberbaum moved to adopt RESOLUTION NO. 2025-93 ORDERING THE IMPROVEMENT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A NEW POLICE DEPARTMENT AND CITY HALL BUILDING; THE PROJECT WILL MOVE INTO THE NEXT PHASE OF DESIGN WHICH IS PRELIMINARY PREPARATION OF PLANS, SCHEMATIC DESIGN DEVELOPMENT, AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE NEW POLICE STATION AND CITY HALL FOR THE DIG ONCE OPTION INCLUDING CJN; AND TO CONTINUE ENGAGING THE COMMUNITY AS PLANS DEVELOP AND ARE FINALIZED. Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello stated that he first brought this building to the attention of the Mendota Heights City Council in 2012, and the Police Department was bringing forward their concerns prior to that. He stated that he and Assistant City Engineer Ryan Ruzek included the project in the CIP, and it became clear as to the amount of deferred maintenance that had occurred on the building. He stated that in 2012, there were a number of projects included in the CIP that would have addressed issues in the building that continued to be denied, which is why he is not surprised this project is needed. He stated that it is unfortunate they did not have an OpenGov system in 2012, which could have allowed a work order plan to address the needs of the building, as the building may have been salvageable if it had been taken care of. He stated that at this time, to do anything to improve the existing building would have a multi-million-dollar cost. He stated that they need to move forward with the project, but also ensure that they take care of the building needs going forward. He confirmed that he supports the motion. Councilor Lorberbaum stated that they are doing this not just because maintenance was deferred, but because the needs are different today than they were when the existing building was built. Councilor Paper recognized that they would be losing a ballfield with this project and wanted to ensure that it is not lost track of, as it is a premier field in the system. Councilor Maczko stated that he has reservations, as he believes it to be too broad and large of a step. He supports moving forward on the next design phase and the proposed location. He also agreed that the existing building cannot be reused because it would cost too much to repair. He stated that this is too broad a step to simply move it to where there is vacant land, noting potential price increases for soil corrections. He believed that the next step should be to further flesh out options, such as whether the existing building should be demolished and staff relocated to build on the same location. He stated that they are designing for CJN, but there is no commitment that CJN will come here and pay rent. He would also like to see a public engagement plan and believes that additional work is needed before they should take this step. He stated that he does support moving forward, but believes there is a step between where they are and this proposed step. Mayor Levine stated that since she became Mayor, one of the first calls she received was from Police Chief Kelly McCarthy asking her to tour the Police Department. She stated that it became her number one priority to ensure they have the right facility, at the right time, for this community. She commented that they could continue to delay, but this has been delayed enough. She stated that this has had ample study and discussion and recognized that the two newer members of the Council are newer to the discussion and may feel that this is rushed. She felt that the Council needed to proceed. She asked staff to provide more information on the proposed location for the new facility. Page 14 of 63 December 16, 2025, Mendota Heights City Council Page 13 of 17 Mr. Ziemer explained that numerous options were reviewed, and part of the schematic design would be to review all the items mentioned by Councilor Maczko. Mayor Levine asked where public engagement would occur and how people would be involved. Mr. Ziemer stated that he would assume they would repeat the process they previously did, holding the meeting in the Council Chambers. He noted that throughout the process, engagement could take many forms, such as digital presentations or paper displays. Mayor Levine asked for more information on CJN, the bonding request, what would occur if the bonding request were not approved, and whether there is a guarantee that CJN would come into the space. Police Chief Kelly McCarthy replied that years ago, the City developed a bonding request when it became clear that CJN’s current space was not working out. She stated that in order to be eligible for State bonding, regionality needs to be an element, and the project needs to address more than a local issue. She stated that CJN was included in support of the City’s request for bonding dollars. She stated that there is no contract with CJN as the Council has not even voted to build yet. She explained that once the vote tonight is taken, staff would discuss terms with CJN related to rent and needs. She commented that if, at any point, it did not make sense for CJN to be involved, they would not include that element. She commented that there are many points throughout this process where decisions will be made and elements can be changed. Councilor Maczko stated that he is not talking about delaying the project but about including decision points. He stated that after they have gotten to schematic design, he would believe that another decision point would come forward. He believed that a communications plan should be done at this point as well. He stated that he cannot speak for past Council decisions to defer maintenance and did not want the lack of action by a previous Council to rush these decisions. Police Chief Kelly McCarthy identified the Council decisions that are marked throughout the project schedule, as well as the community engagement points. She asked when Councilor Maczko communicated to staff that he wanted a written communications plan. Councilor Maczko stated that he requested the information at the last work session. Police Chief Kelly McCarthy stated that was not specified to be in writing, noting that they have provided the points at which they will have community engagement. She stated that they can meet that expectation in the future, now that it is understood. City Administrator Cheryl Jacobson provided additional information on how they would weave the City’s community engagement and communication plan into the schedule to provide more information to the Council. Councilor Maczko commented that he feels better with the knowledge of the checkpoints in the process, where Council decisions will be made. Page 15 of 63 December 16, 2025, Mendota Heights City Council Page 14 of 17 Councilor Lorberbaum stated that she is supportive of the concerns of Councilor Maczko, which is why she included the additional language in her motion. She stated that it is the understanding from her motion that the plan will evolve. Mayor Levine commented that she views a no vote as a delay, where a yes vote supports moving forward. She commented that if the Council denies this tonight, the outcome would be a delay. She stated that the Council is fiscally responsible and the best path forward is a new facility that will serve the community for years to come. She stated that they need a facility that supports the needs of the community. She stated that it is the job of the Council to ensure that staff have what they need to do their jobs. Councilor Maczko agreed to a point. He stated that if the process is stopped, it would be a delay, but there is another option that would not stop the process, although it would not go as broadly as this. He stated that the alternative option would be to authorize the next step until the next Council checkpoint. Councilor Lorberbaum stated that is why she included the language “preliminary”. Councilor Mazzitello asked if Councilor Lorberbaum intended to have a stop point in the motion after “schematic design” without any intent of moving beyond that without an action. Councilor Lorberbaum stated that it was not her intention to have a stopgap, but to move forward with the understanding that they will have those checkpoints and the plans will change. She confirmed that her motion intended to authorize the project production through construction plans with the timeline as included, with the checkpoints as proposed. Mayor Levine stated that the Council is voting to include those points at which the Council will continue to vote on decisions moving forward throughout this process. She stated that perhaps it would be helpful for Councilor Maczko to know when those votes would take place. Mr. Ziemer provided additional details on when the Council checkpoints would occur throughout this process. He stated that there will be one vote. Councilor Mazzitello noted that there will be multiple checkpoints where decisions are made that guide the future path. He noted that those checkpoints are options to say stop. He stated that this vote tonight authorizes the process all the way through, but it can still be canceled or changed at any time. Councilor Maczko stated that he did not know that the update provided the ability to say no. City Administrator Cheryl Jacobson stated that the project schedule could be changed to say Council update and vote. Councilor Mazzitello commented that he would withdraw his second if that change were made, as they should not be that technical in a project like this. He stated that the checkpoints allow a timeout or changes to be made, but they should not include a majority vote requirement. Page 16 of 63 December 16, 2025, Mendota Heights City Council Page 15 of 17 Councilor Maczko stated that he thought he heard that the checkpoints are Council decision points, which would include a vote. He stated that if the vote is not included, he believes that the action would be too broad. Councilor Mazzitello disagreed and believed that the schedule is set up just as needed. He stated that the Council has enough opportunity to guide the staff and team to call time-outs and give direction. He did not believe there should be five different contracts within the timeline, noting that it is far more efficient to have the design team work towards the goal, with the knowledge that the Council could stop this at any time. He supports a plan for the design team to work towards the final goal as outlined. Mayor Levine agreed that this is the process that is typically followed to approve a project, recognizing that a project will evolve. She stated that they are by no means committing to CJN, but they are proceeding with the schematic design to include that, and it can always be removed from the project. She stated that she would rather include the option with the opportunity to remove things that may not work out for them. She stated that if there is a better location for the building, they can also proceed with that. She specified that they are not committing to the microdetails at this point. Councilor Maczko stated that the typical process would include a feasibility study, preliminary design, final design, approval to go out to bid, etc. He stated that it is typical to have those check-ins throughout the process, and he was just asking for a check-in point at each of those steps. Councilor Mazzitello noted that there are five of those check-in points included in the schedule. He stated that they could still have one proposal for the process that would include the votes. Councilor Mazzitello believed that the motion on the floor would address the concerns of Councilor Maczko. Mayor Levine suggested that they look at the first check-in, which is identified towards the end of March, and use that as a check-in vote. She stated that if that process works, they could continue to include the votes, and if they determine they are not needed, they could make that choice. She acknowledged that this is most likely the biggest decision they will make as a Council. Councilor Mazzitello confirmed he could support that. He asked and received confirmation that the contract would remain throughout the entire design. Councilor Paper asked when they went out for bond for the Fire Department project. Finance Director Kristen Schabacker stated that she believed that they had bids before they went out for bond. Ayes: 5 Nays: 0 C) ADOPT RESOLUTION 2025-92 REAPPOINTING CITY ADVISORY COMMISSION REPRESENTATIVES Page 17 of 63 December 16, 2025, Mendota Heights City Council Page 16 of 17 City Administrator Cheryl Jacobson provided a brief background on this item. The Council was being asked to consider a resolution reappointing City advisory commission representatives. Mayor Levine acknowledged the work of the advisory commissions and was thankful for the members who chose to continue to serve, recognizing and thanking those members. She thanked two members of commissions who have chosen not to serve another term and acknowledged the service they have provided the community. She stated that this creates some vacancies on the commissions, which will be filled in January. Councilor Mazzitello moved to adopt RESOLUTION NO. 2025-92 REAPPOINTING CITY ADVISORY COMMISSION REPRESENTATIVES. Councilor Paper seconded the motion. Further discussion: Councilor Paper acknowledged that the City is very fortunate to continue to have a robust pool of residents who are willing to serve. Councilor Lorberbaum commented that a major component of the success of the City Council is the recommendations from the commissions and the people who serve on them. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper wished everyone a happy Hanukkah and thanked the Fire Department for coming out on Sunday night for the menorah lighting. He also wished everyone a merry Christmas. Councilor Maczko echoed the wishes for a happy Hanukkah and merry Christmas. He stated that the keeping of the season is to give more than receive. Councilor Lorberbaum wished everyone who celebrates a happy Christmas, Kwanza, Hanukkah, or New Year. She commented that the holidays bring light into a time of little sunlight. Councilor Mazzitello echoed the wishes for happy holidays. He stated the City is so fortunate to have the best City staff any city could ever offer, from the Administrator to the seasonal employees and volunteers. He stated that he missed a few meetings recently as he traveled to California to visit his wife’s son, who is in Airforce training. He stated that while on a train, going through a granite tunnel, he still had better cellular service than they have in Mendota Heights, and was glad to see that a new proposed cell tower is going to be added. He stated that 389 years ago, on December 13th, an event took place in Massachusetts Bay Colony to form the first citizen militia, which became the National Guard. Mayor Levine stated that this is the last meeting of 2025 and recognized the things they have accomplished during this last year. She stated that this is a group that gets things done, while being prudent and cautious Page 18 of 63 December 16, 2025, Mendota Heights City Council Page 17 of 17 of their actions. She stated that this makes her very proud, and she is filled with gratitude for the ability to work with the Council and staff. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:43 p.m. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 19 of 63 This page is intentionally left blank December 16, 2025, City Council Work Session Minutes Page - 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the City Council Work Session Tuesday, December 16, 2025 Pursuant to due call and notice thereof, a work session of the Mendota Heights City Council was held at Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the work session to order at 4:30 p.m. Councilors Lorberbaum, Maczko, Mazzitello, and Paper were in attendance. Others present included: City Administrator Cheryl Jacobson, Assistant City Administrator Kelly Torkelson, Finance Director Kristen Schabacker, Public Works Director Ryan Ruzek, Parks & Recreation Director/Assistant Public Works Director Meredith Lawrence, Community Development Manager Sarah Madden, Assistant City Engineer Lucas Ritchie, Police Chief Kelly McCarthy, City Attorney Amy Schmidt, and City Clerk Nancy Bauer. Also, in attendance was Sean Doyle from SD Custom Homes and Scott Buell from Buell Consulting. CONCEPT PLAN DISCUSSION Community Development Manager Madden reported that the City Council is being asked to provide feedback to the developer on a conceptual development plan for the property at 750 Mohican Lane. This is an early concept plan consisting of 21 single-family lots, a new cul-de- sac extension of Pueblo Lane, a stormwater pond, and trail access from the new subdivision to Pagel Road. The redevelopment of the property may require a Zoning Amendment, a Comprehensive Plan Amendment, and possibly a Planning Unit Development (PUD) Overlay District application. Mayor Levine noted background information on the concept plan discussion and stated that this is a newly developed process for the City Council. Sean Doyle from SD Custom Homes presented a concept plan for developing detached villa- style townhome units on smaller lot sizes. He added that this would be an alternative housing product for the city aimed at homeowners wishing to downsize or have a smaller home. Councilor Paper asked if it would be a townhome development with an HOA. S. Doyle responded that it would have an HOA. Page 20 of 63 6.b December 16, 2025, City Council Work Session Minutes Page - 2 Mayor Levine asked about the lot size. S. Doyle replied that the lots would be 60-foot-wide lots. Councilor Mazzitello asked about the square footage of the lots. S. Doyle responded that the smaller lots would be 7,000 square feet and the larger lots 14,000 square feet. It was noted that the proposed lot sizes do not meet the R-1 standard of a 100-foot minimum width and 15,000 square foot lot minimum, and that the simplest way to redevelop the property would be through a PUD overlay. Community Development Manager Madden noted that the density of the development is 2.9 units per acre. The lots are narrower, smaller, and irregularly shaped, which does not meet city code requirements. Madden explained that a PUD Overlay District would need to be part of the development. R-1 or low-density residential category is not a listed base zoning district for planning and development. The property would need to be rezoned to R-2 to qualify for a PUD Overlay District. If rezoned to R-2, the Comprehensive Plan would also need to be amended for the guided land use to medium-density residential. Councilor Paper asked if there was an idea for a price point for the units. S. Doyle responded that they would be over $1 million but less than $2 million. Councilor Maczko asked about the square footage of the homes. S. Doyle replied that they would be between 3,000 to 3,500 square feet. He noted that some homes would be walkouts, depending on the grade of the lot, and all of them would have basements. Councilor Lorberbaum stated she is concerned that the proposed development is near an existing R-1 area and the small lot sizes. Councilor Maczko expressed his concern with the density of the area and with the proposed cul- de-sac. Councilor Mazzitello noted a variance would be required for a through street. Street access to the proposed lots was also discussed. Mayor Levine expressed her concern for the cul- de-sac, and the urban design principles intended to be reflected throughout the city. Councilor Mazzitello asked whether the graded contours had been considered for the proposed development. S. Doyle responded that they had not yet been considered. Councilor Mazzitello noted that he is familiar with the product and that it is popular with empty nesters who do not want large yards. He added that there is currently nothing like this in Mendota Heights and questioned whether this type of development is something the city wants. Mayor Levine asked whether approval of this concept plan would set a precedent for future redevelopment projects. Councilor Mazzitello noted that there are at least half a dozen large, undeveloped R-1 properties in Mendota Heights. He also inquired whether the spot zoning rule would apply to this property. City Attorney A. Schmidt generally explained that spot zoning occurs when residential zoning meets commercial zoning. She would like to review the concept plan before providing comments. Page 21 of 63 December 16, 2025, City Council Work Session Minutes Page - 3 Councilor Maczko stated that he was fine with the variance for the street. He added that he was worried about changing the zoning and placing a PUD in the middle of an R-1 area district. Councilor Paper stated he liked the idea of creating a different type of housing stock. S. Doyle asked if the Comprehensive Plan calls for alternative housing products and stated there are limited areas suitable for this type of development. Councilor Lorberbaum stated there is a desire for a different type of housing in the city, but believes this is not the right place for it. She also expressed concern about the property’s grade. Mayor Levine noted that when the Comprehensive Plan was developed, this property was considered but was not designated for higher density. She is unsure whether the proposal fits the area but said the developer is welcome to pursue the concept. Councilor Mazzitello echoed that the developer may pursue the concept but warned that there will be challenges. He expressed interest in having this type of product in the city and requested clarification regarding spot zoning, since other developers may propose similar projects in the future. City Administrator Jacobson asked about the project timeline. S. Doyle indicated he was considering summer 2026 and acknowledged there would be potential challenges. Councilor Mazzitello noted that the concept plan would require both a Comprehensive Plan Amendment and a rezoning. Community Development Manager Madden noted that a Comprehensive Plan Amendment would require a supermajority vote of the Council, which is why it is being discussed tonight. Councilor Maczko noted there is support for the product, but expressed concern regarding the location and stated the price point was surprising. WENTWORTH PARK CELL TOWER Public Works Director Ruzek stated that the Wentworth Park cell tower had been discussed at a previous work session, where the consensus was to build a monopole cell tower. Items for discussion include the terms of the lease, including rent, increases, lease duration, space, and future revenue sharing. Councilor Maczko asked about the four-year implementation period. Public Works Director Ruzek replied that it could take up to four years to install the cell tower, with an additional year for construction. The lease term is five years, with a proposal for nine renewals. Existing leases are typically for a 25-year term, and this could be negotiated Page 22 of 63 December 16, 2025, City Council Work Session Minutes Page - 4 Mayor Levine asked for clarification on the rent and revenue sharing. She asked if there is a way to incentivize multiple carriers on the pole. S. Buell stated that the concept has been used by some tower developers to encourage others to share the upfront cost of the tower. The first carrier pays more initially, and as additional carriers join and pay rent, the anchor carrier’s rent decreases. Rent sharing helps cover the economics of the tower and allows the ground owner to receive additional revenue as more carriers join. Vertical Bridge does not pass revenue sharing costs on to the tenants. Additional revenue needs to be paid in the future could hurt tenants economically. To encourage more tenants on the tower, revenue sharing could be eliminated. An alternative would be to increase the monthly rent now rather than implement revenue sharing later. That is what Vertical Bridge would like to see. Councilor Mazzitello asked if a base rent scale has been used to encourage carriers to collocate on the tower. S. Buell stated that, to his knowledge, it has not, and stated the city is interested in seeing multiple carriers on the tower. Councilor Paper stated he would like to see the tower built as it is a critical project. Councilor Lorberbaum stated that she would like to see the tower built to improve the coverage. Mayor Levine recapped that the Council is interested in completing the project as quickly as possible and having staff work out the details. Public Works Director Ruzek stated he would like to see revenue sharing eliminated altogether and run the Option to Lease proposals from the city back to Vertical Bridge which would include a $5,000 upfront fee, reduced to 12 months, and $1,250 rent. S. Buell stated that he would like to see a 40-year term, because that is how long it takes for an investment like this to pay off. Councilor Maczko stated he liked Councilor Mazzitello’s idea of incentivizing carriers as this is needed for the community. S. Buell noted that the pole would be built for three or four carriers. Councilor Maczko stated that the priority is to get the coverage for residents as quickly as possible. S. Buell suggested starting with a 20- to 30-year term, and if another carrier is found, the city could agree to extend the lease. Public Works Director Ruzek stated that the city is willing to forego the revenue sharing to get the project started as soon as possible. S. Buell stated the 12-month option could be acceptable and then it could be renewed for an additional year. Page 23 of 63 December 16, 2025, City Council Work Session Minutes Page - 5 CODE ENFORCEMENT – ADMINISTRATIVE CITATIONS City Attorney Schmidt provided a memo outlining City Council authority, current enforcement options, and minimum requirements regarding the administrative enforcement of city code violations. She noted this is not a straightforward legal process and involves some grey areas. She explained that if the Council chooses to pursue administrative citations, the approach must be carefully considered and supported by a clear framework. While the Council has implied authority, state statutes place limitations on the use of administrative citations for code enforcement violations. She noted that several factors would need to be addressed in city code, including constitutional protections, a policy rationale for adoption, and clarification of the intended goals and outcomes. City Attorney Schmidt emphasized the importance of reviewing City Code provisions to assess what provisions are currently in place, determine what new framework could be applied, and ensure that the city’s administrative citations do not duplicate state law. Councilor Lorberbaum asked why the city would adopt an administrative citation process. City Attorney Schmidt explained that it would serve as an additional enforcement tool for the city. One key advantage is that violations would be handled within the city’s administrative process rather than through the court system, allowing for faster and more efficient resolution. City Administrator Jacobson noted that staff are currently working on code enforcement efforts and a comprehensive overhaul of the City Code. She added that the potential incorporation of administrative citations would be considered as part of this process and noted that the topic was previously discussed by the Council in 2024. Mayor Levine stated that this topic has been discussed previously. She would like to see a report on code violations and also wanted to know if the City Council was still interested in pursuing administrative citations. It was the consensus that the City Council would receive a report on code violations and pursue administrative citations. City Administrator Jacobson inquired about staff priorities. It was the consensus that the priority of the Community Development Manager was to rewrite city code Title 11 regarding subdivisions. Police Chief McCarthy suggested that the City Council review monthly reports of code violations to determine whether to move ahead with administrative citations. Community Development Manager Madden handed out a report of year-to-date data for code enforcement violations, which was reviewed. ADJOURNMENT Page 24 of 63 December 16, 2025, City Council Work Session Minutes Page - 6 Councilor Lorberbaum made a motion to adjourn the work session, and the motion was seconded by Councilor Mazzitello. Motion carried. The meeting adjourned at 5:50 p.m. _________________________ Stephanie B. Levine, Mayor ATTEST: _____________________ Nancy Bauer, City Clerk Page 25 of 63 6.c REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Designate Acting Mayor for 2026 ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Appoint Councilmember John Mazzitello to serve as acting mayor for 2026. BACKGROUND: Minnesota Statutes §412.121 requires the Council to choose an acting mayor at the first City Council meeting of the year. The law provides that the acting mayor shall perform the duties of the mayor during the disability or absence of the mayor from the city or in the event of a vacancy in the office of mayor until a successor has been appointed. The practice for the city has been that the Mayor has recommended a candidate, and the Council then affirms the recommendation or proposes an alternate candidate. Since 2023, the acting mayor position for the City of Mendota Heights has been held by Councilmember John Mazzitello. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 26 of 63 This page is intentionally left blank 6.d REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Designate Official Newspaper for 2026 ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Nancy Bauer, City Clerk ACTION REQUEST: Designate the official 2026 newspaper for the City of Mendota Heights as the St. Paul Pioneer Press. BACKGROUND: Minnesota Statute §412.831 requires the City Council to designate a legal newspaper of general circulation within the City as its official newspaper at the first meeting of each year. The designated newspaper will be used to publish ordinances, public hearings, and any other matters that are legally required to be published. Staff solicited two quotes for legal publications and they are: St. Paul Pioneer Press: $ 9.12 per column inch The Star Tribune: $17.90 per column inch The St. Paul Pioneer Press is currently the City's official newspaper and conveniently published seven days a week. The rates for 2025 in the St. Paul Pioneer Press were $7.70 per column inch and Star Tribune was $17.90 per column inch. FISCAL AND RESOURCE IMPACT: Legal publication costs are included in the 2026 budget. ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 27 of 63 This page is intentionally left blank 6.e REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Acknowledge the October Par 3 Financial Report ITEM TYPE: Consent Item DEPARTMENT: Parks and Recreation CONTACT: Trey Carlson, Recreation Facilities Coordinator Meredith Lawrence, Parks and Recreation/Assistant Public Works Director ACTION REQUEST: Acknowledge the October Par 3 Financial Report. BACKGROUND: The Monthly Par 3 Dashboard is attached for Council review. FISCAL AND RESOURCE IMPACT: Monthly Expenditure-October is attached. ATTACHMENTS: 1.Par 3 Expenditure Report for October 2025 2.October Financial Dashboard Par 3 CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure Page 28 of 63 MONTHLY EXPENDITURE REPORT OCTOBER 2025 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT October 2025 (83.33% OF YEAR) October REVENUES October YTD YTD YTD BUDGET 2025 2025 %2024 GREENS, LEAGUE & TOURN FEES $220,000 $16,020 $281,451 127.93%$230,721 RECREATION PROGRAMS $50,000 $0 $44,876 89.75%$40,085 CONCESSIONS $36,000 $3,171 $53,284 148.01%$46,281 SUNDRY REVENUE $0 $1 $177 100.00%$296 INTEREST $1,000 $0 $0 0.00%$0 INSURANCE CLAIM $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $307,000 $19,192 $379,788 123.71%$317,383 EXPENDITURES October YTD YTD YTD BUDGET 2025 2025 %2024 CLUBHOUSE SALARIES $48,200 $2,143 $41,213 85.50%$47,860 ADMINISTRATIVE SALARIES $69,821 $2,576 $44,188 63.29%$29,808 FICA/PERA $21,137 $875 $14,706 69.57%$12,473 MEDICAL INSURANCE $18,517 $1,543 $12,002 64.81%$6,287 U/E & W/C INSURANCE $3,900 $41 $8,862 227.24%$5,271 RENTALS $8,000 $155 $7,820 97.75%$6,097 UTILITIES $16,483 $787 $9,936 60.28%$10,385 PROFESSIONAL FEES - AUDIT $3,500 $0 $3,343 95.50%$3,171 PROF FEES - CONSULTING FEES $3,100 $0 $1,866 0.00%$1,196 PROF FEES - GROUNDS MGMT $7,250 $1,050 $1,050 14.48%$0 PROF FEES - GROUNDS WAGES $27,000 $1,412 $19,995 74.06%$23,380 PROF FEES - TREE MAINTENANCE $5,000 $0 $0 0.00%$0 LIABILITY/AUTO INSURANCE $5,000 $0 $4,495 89.90%$4,100 OPERATING COSTS/SUPPLIES $17,300 $659 $13,086 75.64%$10,591 FUEL $3,000 $197 $2,189 72.98%$2,101 REPAIRS & MAINTENANCE $65,000 $7,154 $53,619 82.49%$64,932 SUNDRY/DUES/MILEAGE/CLOTHING $10,250 $0 $3,516 34.31%$3,106 ONLINE REG & CREDIT CARD FEES $11,600 $1,412 $14,473 124.77%$11,304 GREENS ROLLER $16,191 PAR 3 EXPENDITURES TOTAL $344,058 $20,003 $256,359 74.51%$258,253 Page 29 of 63 Mendota Heights Par 3 Community Golf Course October 2025—Financial Summary October —Tee Time Reservation Breakdown: Online Tee Times=548 (43% of Total Tee Times) Phone/Walk in Tee Times= 733 (57% of Total Tee Times) Year to Date Budget Overview—October: Current Operating Surplus as of October, 2025: $123,429 Operating Surplus as of October, 2024: $59,130 Monthly Revenues vs. Expenditures Month Revenues Expenditures Net March 2025 $14,117 $10,742 $3,375 April 2025 $35,483 $16,671 $18,812 May 2025 $51,764 $43,983 $7,781 June 2025 $64,636 $30,161 $34,475 July 2025 $61,620 $30,348 $31,272 August 2025 $68,581 $43,837 $24,744 September 2025 $38,767 $26,813 $11,954 October 2025 $19,192 $20,003 ($811) Golf Round Totals: 2021 2022 2023 2024 2025 March 748 0 0 261 307 April 1678 896 1181 1923 2083 May 2285 2797 2923 2664 3052 June 2305 2839 3365 3395 3453 July 2673 3213 3753 3093 3574 August 2306 3042 3052 3089 4101 September 1758 1798 2043 2095 2367 October 1157 1077 1168 1428 1174 Total 14910 15662 17485 17948 20111 Category 2025 Budget 2025 YTD Actual % of Budget 2024 YTD Revenues $307,000 $379,788 123.71% $317,383 Expenditures $344,058 $256,359 74.51% $258,253 Net Position - $123,429 - $59,130 Page 30 of 63 Golf Rounds by Category: 2025 Regular Senior Junior Veteran Second Round Senior Pass Footgolf Punch Card March 127 8 10 0 1 2 0 160 April 984 129 95 3 36 33 8 790 May 1858 311 131 10 56 23 34 620 June 2011 383 246 12 47 15 27 710 July 2167 440 264 9 47 24 34 580 August 2369 531 452 12 52 18 94 560 September 1305 376 114 1 34 16 50 460 October 724 177 49 4 23 14 33 150 Total 11545 2355 1361 51 296 145 280 4030 Monthly Notes: o When accounting for total monthly rounds, staff track punch card sales as (10) rounds of golf. For note the following punch cards were sold: o March: 16 o April: 79 o May: 62 o June: 71 o July: 58 o August: 56 o September: 46 o October: 15 o The punch card rounds are then multiplied by 10 to get the total rounds tracked for that month: o March: 160 o April: 790 o May: 620 o June: 710 o July: 580 o August: 560 o September: 460 o October: 150 o When reporting the Tee Time Reservation Breakdown, the tee times booked reflect how the punch card rounds are used, thus, if someone buys a punch card in April, they may only use it four times. They also could use the punch card one time for a call-in tee time and three times for separate online tee times throughout the season Page 31 of 63 6.f REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Approve Amendment No. 2 to Omnibus Agreement with the Board of Water Commissioners of the City of Saint Paul ITEM TYPE: Consent Item DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve Amendment No. 2 to Omnibus Agreement Between the Board of Water Commissioners of the City of Saint Paul and the City of Mendota Heights. BACKGROUND: The City Council adopted Ordinance 605 at their December 16, 2025, meeting reducing the water surcharge from five percent (5%) to two and a half percent (2.5%). The surcharge funds are used for any water related costs of adjusting valves and hydrants, relocation of any water infrastructure for street and trail projects, utility billing fees to Saint Paul Regional Water Service (SPRWS), painting of hydrants and hydrant markers, etc. The funds could also be used towards any proposed water projects, such as drinking fountains in parks, dog park, community garden, etc. Approving Amendment No. 2 will delete Amendment No. 1 in its entirety, which previously reduced the surcharge from ten percent (10%) to five percent (5%). Amendment No. 2 is attached and will be retroactive to January 1, 2026, if approved. No other changes to the Omnibus agreement are proposed with the amendment. FISCAL AND RESOURCE IMPACT: Ordinance 605 previously reduced the surcharge by half. No fiscal impacts are proposed with this amendment. ATTACHMENTS: 1.Mendota Heights Omnibus Amendment No. 2 CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 32 of 63 1 V:\Engineering\CLERICAL\BOARD\Agreements\Water_service\Mendota Heights_DRAFT_Omnibus_amend2_12-09-25.docx AMENDMENT NO. 2 to OMNIBUS AGREEMENT BETWEEN THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL and CITY OF MENDOTA HEIGHTS This AMENDMENT NO. 2 TO OMNIBUS AGREEMENT (“Agreement”) entered into this 6th day of January 2026, by and between the BOARD OF WATER COMMISSIONERS, a municipal corporation of the State of Minnesota (the “Board”), and the CITY OF MENDOTA HEIGHTS, a municipal corporation of the State of Minnesota (“Mendota Heights”). WITNESSETH: WHEREAS, Mendota Heights and the Board entered into an Omnibus Agreement dated December 8, 2015 for the provision of water service by the Board to properties within Mendota Heights (the “Contract”); and WHEREAS, Article VIII of the Agreement allows the Board provide a water surcharge to properties within Mendota Heights to establish a water surcharge for water on its behalf; and WHEREAS, Article XII of the Agreement allows for amendments to the original agreement, provided that said changes are in the form of duly approved and executed written addenda to the Agreement, and that this Amendment No. 2 to Agreement is intended by the parties to be such an addendum; and WHEREAS, in 2017 the parties entered into Amendment no. 1 to the Contract which provided for a change in the water surcharge established by Mendota Heights for properties within its city limits from 10% to 5% and to change the method used by the Board to administer the billing of said surcharge. Page 33 of 63 2 V:\Engineering\CLERICAL\BOARD\Agreements\Water_service\Mendota Heights_DRAFT_Omnibus_amend2_12-09-25.docx WHEREAS, the parties desire to further amend the Contract to provide for a change in the water surcharge established by Mendota Heights for properties within its city limits from 5% to 2.5% and to change the method used by the Board to administer the billing of said surcharge. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties mutually agree to amend the Contract as follows: I.Article VIII. Section 4. WATER SURCHARGE, as amended by Amendment No. 1, is deleted in its entirety and replaced with the following: Section 4. WATER SURCHARGE 1. Mendota Heights has established a water surcharge equal to two and one-half percent (2.5%) of the Water Service Base Fee and Water Usage Charge imposed for water supplied to properties within the City of Mendota Heights (“Mendota Heights Water Surcharge”). 2.Effective January 1, 2026, Mendota Heights will pay the Board a monthly payment equal to 36 cents ($0.36) per water bill issued the prior month for properties within the city limits of Mendota Heights (“Billing Fee”). The Billing Fee shall be annually adjusted effective each successive January 1 (“Annual Adjustment”). The Billing Fee will also be adjusted January 1, 2027, and each subsequent five years thereafter to correct for rounding (“Rounding Adjustment”). The Annual Adjustment shall be calculated by the end of each year and shall be the quotient of the current year July CPI over the past year July CPI multiplied by the current Billing Fee and rounded to the closest one cent. If such quotient in the CPI results in a number less than one, the Billing Fee will not be adjusted. 3. The Rounding Adjustment shall be the quotient of the current year July CPI over the July CPI of five years’ prior multiplied by the current Surcharge Fee and rounded to the closest one cent. If such quotient in the CPI results in a number less than one, the Surcharge Fee will not be adjusted. 4."CPI" is the Bureau of Labor Statistics Table 1 Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, by expenditure category, using the Unadjusted Page 34 of 63 3 V:\Engineering\CLERICAL\BOARD\Agreements\Water_service\Mendota Heights_DRAFT_Omnibus_amend2_12-09-25.docx indexes "All items" (top line of the expenditure category). 5.The Board will send a monthly payment to Mendota Heights equal to the amount of Mendota Heights Water Surcharge during the month (less the current Surcharge Fee) on or before the 15th day of the following month. II.The provisions of this Amendment are retroactively effective to all billing after January 1, 2026. III.Except as modified herein, the terms of the Contract shall remain in full force and effect. [Remainder of page left intentionally blank.] Page 35 of 63 4 V:\Engineering\CLERICAL\BOARD\Agreements\Water_service\Mendota Heights_DRAFT_Omnibus_amend2_12-09-25.docx IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Contract to be executed as of the day and year first above written. Approved: BOARD OF WATER COMMISSIONERS By Racquel Vaske, General Manager Chris Tolbert, President Saint Paul Regional Water Services By Approved as to Form: Mollie Gagnelius, Secretary By Cristina Cruz-Jennings, Laura Logsdon, Interim Director Assistant City Attorney Office of Financial Services CITY OF MENDOTA HEIGHTS By Stephanie B. Levine, Mayor By Cheryl Jacobson, City Administrator Page 36 of 63 This page is intentionally left blank 6.g REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Approve 2026 Financial Items and Authorize Finance Director to Execute Electronic Payments and Prepay Claims ITEM TYPE: Consent Item DEPARTMENT: Finance CONTACT: Kristen Schabacker, Finance Director ACTION REQUEST: Adopt Resolution 2026-01 Establishing 2026 Depositories and Resolution 2026-02 Accepting Pledged Securities for 2026. Authorize Finance Director to execute electronic payments and prepay claims. BACKGROUND: There are three items that need to be reviewed on an annual basis. •Each year the City designates financial institutions that may be used as depositories for city funds •Minnesota State Statue 118A.03 requires that to the extent city funds in a financial institution exceeds FDIC insurance amounts a collateral security be pledged to cover the difference •Council authorizes the Finance Director to execute electronic payments and prepay claims FISCAL AND RESOURCE IMPACT: None ATTACHMENTS: 1.Resolution No. 2026-01 Establishing 2026 City Depositories of Funds 2.Resolution No. 2026-02 Accepting Pledged Securities for 2026 CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 37 of 63 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2026 - 01 RESOLUTION ESTABLISHING 2026 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the city council of the City of Mendota Heights that the following institutions be designated as depositories for city funds and securities for 2026: Deerwood Bank Wells Fargo Bank Cherokee State Bank Gateway Bank U.S. Bancorp Piper Sandler TCF National Bank Pershing Advisor Solutions Ehlers Investment Partners Minnesota Municipal Money Market Fund Wells Fargo Advisors, Inc. BE IT FURTHER RESOLVED that investments of city funds be in any securities authorized by Minnesota Statutes Chapters 118A.04 and 427.02. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2026. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY __________________________________ Stephanie B. Levine, Mayor ATTEST: ______________________________ Nancy Bauer, City Clerk Page 38 of 63 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2026 - 02 RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2026 WHEREAS, every designated depository of city funds must provide collateral or other security to the city to protect against financial loss, pursuant to Minnesota Statutes Chapter 118A.03 and 427.01; and WHEREAS, all financial institutions designated as depositories for 2026 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits; and WHEREAS, the city’s depositories in financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW THEREFORE BE IT RESOLVED that the following pledged securities be accepted by the city as additional collateral for calendar year 2026. Deerwood Bank $ 200,000 FNMA 2.500% due 08/01/2034 $3,240,000 FHLB 0.750% due 02/24/2026 Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2026. CITY COUNCIL CITY OF MENDOTA HEIGHTS By _____________________________ Stephanie B. Levine, Mayor ATTEST: ______________________________ Nancy Bauer, City Clerk Page 39 of 63 This page is intentionally left blank 6.h REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Adopt Resolution 2026-03 Renewing the Emergency Management Joint Powers Agreement Between Dakota County and the City of Mendota Heights ITEM TYPE: Consent Item DEPARTMENT: Police CONTACT: Wayne Wegener, Police Captain ACTION REQUEST: Adopt Resolution 2026-03 Approving a renewal of the Emergency Management Joint Powers Agreement (JPA) between Dakota County and the City of Mendota Heights. This is a one-year agreement. BACKGROUND: Since 2013, the City of Mendota Heights has been working collaboratively with Dakota County to ensure our Emergency Operations Plan is up-to-date and provides sufficient guidance to support our emergency management efforts. The JPA also includes all the necessary updates and training mandated by State and Federal law. FISCAL AND RESOURCE IMPACT: If approved, the City would agree to pay the County $6,578.00 for services. This cost is included in the 2026 Emergency Management Budget. ATTACHMENTS: 1.Resolution 2026 -03 Renewing The Emergency Management Joint Powers Agreement Between Dakota County and the City of Mendota Heights 2.Joint Powers Agreement Between Dakota County and Mendota Heights for Emergency Management Services CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 40 of 63 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2026-03 RENEWING THE EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 471.59 “Joint Exercise of Powers”; and WHEREAS, this requires the governing bodies of the agency enter into an agreement; and WHEREAS, the agreement must address certain items including, but not limited to, liability, purpose of the agreement, disbursement of funds, termination of the agreement; and WHEREAS, the City currently partners with Dakota County to provide updates to the Emergency Operations Manual and training regarding Emergency Management; and WHEREAS, the City believes continuing to participate with Dakota County through a joint powers agreement will enhance our ability to respond to emergencies in the City of Mendota Heights; and WHEREAS, the City Council of the City of Mendota Heights has duly considered this matter and wishes to continue participation with this agency to provide increased emergency management services through a joint powers agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council for the City of Mendota Heights that the renewal of the Emergency Management Joint Powers Agreement between Dakota County and the City of Mendota Heights is hereby approved. Adopted by the City Council of the City of Mendota Heights this 6th day of January, 2026. Page 41 of 63 CITY COUNCIL CITY OF MENDOTA HEIGHTS BY_________________________________ Stephanie B. Levine, Mayor ATTEST: BY______________________________ Nancy Bauer, City Clerk Page 42 of 63 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR EMERGENCY MANAGEMENT SERVICES This Agreement is made and entered into by and between the County of Dakota, by and through the Dakota County Emergency Management Department, (“County”) and the City of Mendota Heights, (“City”); and WHEREAS, the County and City are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the City desires to retain and compensate a qualified party to provide Emergency Management Services as more fully described herein; and WHEREAS, the County desires and is qualified to provide Emergency Management Services as more fully described herein; and WHEREAS, the County understands and agrees that: 1.The County is not an agent, servant, or employee of the City and shall not make any such representations nor hold itself out as such; and 2.The County shall have no authority to bind the City for the performance of any services or to otherwise obligate the City, authority being specifically limited to the duties assigned under this Agreement; and 3.The County employees performing under this Agreement shall not accrue any continuing contract rights for the services performed pursuant to this Agreement, including but not limited to those afforded by Minn. Stat. § 122A.40, and the County specifically waives any and all rights thereto; and WHEREAS, the Dakota County Board of Commissioners authorized the County to enter into an agreement with the City for the provision of Emergency Management Services; and WHEREAS, the City is willing to retain the County to provide Emergency Management Services. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and City derive from this Agreement and other good and valuable consideration, the County and City hereby enters into this Agreement for the purposes stated herein. 1.PURPOSE.The purpose of this Agreement is to set out the respective duties and responsibilities of the County and the City for the provision of Emergency Management Services. 2.SCOPE OF SERVICE: The County will provide services and training in accordance with the annual MNWALK requirements for each respective calendar year throughout the term of this Agreement. MNWALK requirements are determined by the Minnesota Homeland Security and Emergency Management (HSEM) division of the Minnesota Department of Public Safety. Page 43 of 63 2 3.TERM. This Agreement is effective January 1, 2026, and shall remain in effect through December 31, 2026, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. This Agreement may be terminated with or without cause, by either party upon thirty (30) days written notice. 4.DISPUTE RESOLUTION. The County and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. 5.COMPENSATON. 5.1 Total Compensation. The City agrees to pay the County for the Emergency Management Services in an amount for each calendar year as follows: January 1, 2026 to December 31, 2026: $6,578 During the Term of the Agreement, if the County or the City receives a grant or other funding to offset the costs of providing Emergency Management Services covered by this Agreement, the amount invoiced to the City will be adjusted downward accordingly. 5.2 Time of Payment. The County shall invoice the City on an annual basis for hours of Emergency Management Services rendered. Such invoicing shall continue until one of the following occurs: a.The completion of the Work Plan; or b.Expiration of the Term of the Agreement; or c.Early termination under the terms of the Agreement pursuant to Section 2 of this Agreement; or d.The City completes payment in full. The City shall pay such invoices within thirty (30) days after their receipt. 5.3 Payment Upon Early Termination. If the Agreement is terminated prior to completion of the Work Plan, the City shall pay for satisfactory services performed by the County through the effective date of termination. 6.LIABLE FOR OWN ACTS. Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, agents, volunteers or employees. It is understood and agreed that the provisions of the Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Ch. 466 and other applicable laws govern liability arising from the parties’ acts or omissions. Each party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. The provisions of Article 7 shall survive the expiration or termination of this Agreement. 7.INDEPENDENT CONTRACTOR. The County is and shall remain an independent contractor with respect to any and all work performed under this Agreement. The County on behalf of its Page 44 of 63 3 employees and agents shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. The County acknowledges and agrees that the County on behalf of its employees and agents is not entitled to receive any of the benefits received by City employees and is not eligible for workers’ or unemployment compensation benefits under the City. The County also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due the County and that it is the County’s sole obligation to comply with the applicable provisions of all federal and state tax laws. 8.GENERAL. 8.1. Notices. The City or County may, by giving written notice to the other party, designate any address or addresses to which notices or other communications to them shall be sent when required by or related to this Agreement. Until otherwise provided by the respective parties, all notices or communications shall be addressed as follows: To the City: City of Mendota Heights Kelly McCarthy- Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Telephone: 651-452-1366 To the County: Kelly Miller Dakota County Emergency Manager 1590 Highway 55 Hastings, MN 55033 651-438-4322 8.2. Amendments. No amendments or variations of the terms and conditions of this Agreement shall be valid unless in writing and signed by the parties. 8.3. Severability. All terms and covenants contained in this Agreement are severable. In the event any provision of this Agreement shall be held invalid by any court of competent jurisdiction, this Agreement shall be interpreted as if such invalid terms or covenants were not contained in the Agreement and that such holding shall not invalidate or render unenforceable any other provision. 8.4. Choice of Law. The laws of the state of Minnesota shall govern as to the interpretation, validity, and effect of this Agreement. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 8.5. Data Privacy. The parties agree that any information and data received from the other party during the term of this Agreement shall be treated and maintained in accordance with all applicable federal, state, and local laws, rules and regulations governing same, including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and the Minnesota rules implementing the Act now in force or hereafter adopted. The County and the City agree to provide to each other data which is reasonably necessary to fulfill the purpose of this Agreement, provided such sharing of data is done in accordance with the Minnesota Government Data Practices Act and other state and federal law regulating the dissemination of data. 8.6. Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or that party’s right to enforce it. Page 45 of 63 4 8.7. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party in the event sufficient funds from the County, City, State, Federal or other sources are not appropriated, obtained and continued at least at the level relied on for the performance of this Agreement and the non-appropriation of funds did not result from any act of bad faith on the part of the terminating party. 8.8. Entire Agreement. This Agreement is the entire agreement for the provision of the Emergency Management Services between the City and the County and it supersedes all prior written or oral agreements on this program. There are no covenants, promises, undertakings, or understandings outside of this Agreement other than those as specifically set forth. Any term, condition, prior course of dealing, course of performance, usage of trade, understanding, or agreement purporting to modify, vary, supplement, or explain any provision of this Agreement is null and void and of no effect unless in writing and signed by representatives of both parties authorized to amend this Agreement. IN WITNESS WHEREOF, this Agreement was entered into on the date(s) set forth below and the undersigned, by execution hereof, represent that they are authorized to enter into this Agreement on behalf of the respective parties and state that this Agreement has been read by them and that the undersigned understand and fully agree to every provision, and hereby acknowledge receipt of a copy. Page 46 of 63 5 Approved by Dakota County Board Resolution No. Approved as to form: __________________________________ Assistant County Attorney/Date County Attorney File No. COUNTY OF DAKOTA By__________________________________ Jenny Groskopf Director, Risk and Emergency Management 1590 Highway 55 Hastings, MN 55033 Date of Signature: ___________________ CITY OF MENDOTA HEIGHTS By: __________________________________ Title, Name And: _________________________________Title, Name We represent and warrant that we are authorized to execute this Agreement and legally bind the City. WORK PLAN, PROJECT DETAILS and TIME ESTIMATES FOR EACH PROSPECTIVE CALENDAR YEAR DURING THE TERM OF THE AGREEMENT 1.EOP o Individual City meetings with EM o Update of City Emergency Operations Plan (EOP) o Meeting with EM to discuss gaps / update needs o Meeting with each City to present updated EOP 2.Exercises o EOC Tabletop or Functional Exercise and Development Unknowns and intangibles Scheduling conflicts with City staff could delay processes. Follow through by City staff with deliverables could delay processes. Real Events/Disasters could delay processes. Page 47 of 63 6.i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 6, 2026 AGENDA ITEM: Approve Purchase of Park AEDs ITEM TYPE: Consent Item DEPARTMENT: Parks and Recreation CONTACT: Meredith Lawrence, Parks and Recreation/Assistant Public Works Director ACTION REQUEST: Approve the purchase of AEDs, enclosures and necessary electrical work for installtion at four parks--Wentworth, Friendly Hills, Kensington and Mendakota. BACKGROUND: In 2025 the City conducted a trial program installing an AED at Marie Park based on a recommendation from the City's Safety Committee. Due to the success of the installation and community response, staff is recommending the addition of AEDs at the following parks: Wentworth, Friendly Hills, Kensington and Mendakota. Each AED device will be housed in a weather-resistant, 911-intregrated enclosure, enabling immediate emergency response in high-traffic areas—especially where seniors and spectators frequently gather—dramatically boosting survival odds in the event of sudden cardiac arrest. The following is the total cost estimate for the project: •AEDs: $2,174 •AED Enclosures: $4,780 •Electrical Work: $3,200 Total: $10,154 Upon approval by the City Council, staff anticipates the AEDs to be installed in the Spring of 2026. FISCAL AND RESOURCE IMPACT: The 2026 budget included $10,000 for the Park AED program from the City's Fund Balance. ATTACHMENTS: None Page 48 of 63 CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 49 of 63 Page 50 of 636.j Page 51 of 63 Page 52 of 63 Page 53 of 63 Page 54 of 63 Page 55 of 63 Page 56 of 63 Page 57 of 63 Page 58 of 63 Page 59 of 63 Page 60 of 63 Page 61 of 63 Page 62 of 63 Page 63 of 63