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01 20 2026 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 20, 2026 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 POLICE OFFICER SWEARING IN Police Captain Wayne Wegener introduced Officer James Walrath. Mayor Levine completed the swearing -in of Officer Walrath. PUBLIC COMMENTS Rob Meyer, 1399 Clement St, asked for more information on the best time for residents to have a discussion with the Council, as this segment is limited to three minutes. He referenced the municipal campus project and asked for the dates for community engagement and whether there is a not -to -exceed amount for the project. He asked for more information on the Criminal Justice Network, noting that he was unable to find information on the entity in his search. He believed there should have been more analysis related to the purchase of a generator for the golf course. 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. a. Approval of January 6, 2026, City Council Minutes b. Acknowledge the Minutes of the November 25, 2025, Planning Commission Meeting c. Authorize 2025 Audit Services with BerganKDV d. Approve Agreements for Civil Legal Services and Prosecution Legal Services with Campbell Knutson e. Authorize Out of Metro Travel Request for MCMA Conference f. Approve Resolution 2026-07 Amending the Dakota County Domestic Preparedness Committee Joint Powers Agreement g. Approve Resolution 2026-05 Approving Community Development Block Grant (CDBG) Funding Application through Dakota County — Fiscal Year 2026 h. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) 2025 VOLUNTEER REPORT Assistant City Administrator Kelly Torkelson reviewed contributions to the Mendota Heights Volunteer Program and recognized the contributions made by volunteers to the City of Mendota Heights in 2025, Councilor Paper commented that it was great to see kids involved and people of all ages volunteering in the community. Mayor Levine thanked all who participated and City staff for the creation of the program. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2026-04 APPOINTMENTS TO CITY ADVISORY COMMISSIONS City Administrator Cheryl Jacobson explained that the Council was being asked to approve Resolution 2026-04, Appointing City Advisory Commission Members. Mayor Levine thanked all who applied, noting another robust round of applicants. She encouraged residents to keep applying if they are interested and recognized those who are proposed to be appointed. Councilor Mazzitello echoed the comments about the applicants and process. He thanked all members of commissions who are currently seated and serving the community, noting that the commissions assist the City Council in making decisions on complex and challenging issues. .7am�ary 2Q 2026, Mendota Heights City Council Page 2 of 12 Councilor Lorberbaum moved to approve RESOLUTION 2026-04 APPOINTING CITY ADVISORY COMMISSION MEMBERS, Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2026-06 CITY COUNCIL ACTION ON THE APPLICATION OF CHASE REAL ESTATE FOR A PRELIMINARY DEVELOPMENT PLAN AND ZONING AMENDMENT TO THE LEXINGTON HEIGHTS PLANNED UNIT DEVELOPMENT AT 2300 LEXINGTON AVENUE (PLANNING CASE NO, 2025-16) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider an application request for a Preliminary Development Plan and Zoning Amendment to the Lexington Heights Planned Unit Development. Joe McElwain, Chase Real Estate, referenced information on recent housing reports, which show a lack of supply for residents, with a vacancy rate of one percent. The study noted that in order to reach a healthy balance of supply and demand, over the next five years, Mendota Heights would need to build over 1,200 units of housing. He noted that only two percent of people live and work within Mendota Heights, which means that 98 percent of those who work in Mendota Heights actually live in Mendota Heights. He stated that they surveyed many of the apartments in Mendota Heights and found that all the buildings are 99 percent occupied. He provided information on typical density for apartments, noting that the density within the R-3 district is similar to the density of single-family residential. He provided background information on the original approval for the Lexington Heights property that required a large amount of parking, much of which is not needed. He stated that the proposal today would be a very efficient use of space, as they would reutilize a parking area and 14,000 square feet of grass to create additional housing units. He referenced the requested setback reduction to the freeway and noted some comparisons along the corridor. He commented that the setback as proposed would be larger than other existing buildings. He noted that the height difference would be very small in the visual perception between the existing buildings and the proposed four-story building. He provided images from a similar project that was created and built in Egan. He noted that the goal in this project would be to provide more apartment home floorplan options. He believed that this project would provide benefit to the City while allowing expansion of a local property owner and manager in a cost-effective manner, through efficient use of space and without a request for financial assistance. Councilor Maczko stated that the housing report mentioned was not completed by the City and explained that it was done by the County on a county -wide scope. He noted that the Council discussed how Mendota Heights is almost fully developed, and people like the community for what it is. He stated that Mendota Heights has high -quality development with people who maintain their properties. He noted that in his experience, Mr. Riley does take excellent care of his property. He stated that if a community is doing things well, there will always be more demand than supply, and if you tip that point, the things that people enjoy about the community may be taken away. He appreciated the additional information about the actual distance from the freeway, which does seem consistent with other buildings. He stated that his concern with the proximity to the freeway is that residents often complain about noise from the freeway. He recognized the density requested is higher than the allowed range and has concerns that this would be tight on the site. He noted that the current layout allows for circulation, whereas the proposed layout January 20, 2026, Mendota Heights City Council Page 3 of 12 would essentially create a long dead-end. He noted that emergency vehicles would need to back up to get out of the site rather than circulating. Mr. McElwain stated that they have spoken with the City Engineer about additional options for circulation as well. Councilor Maczko stated that the other three buildings are three-story with the same style, and this building would look out of place as the architecture would not match. He stated that the site feels more open as it exists today. He commented that he would support additional buffering, especially to the north. He believed that the original PUD intended to preserve open space. He asked if there was any information on why the parking for the 2300 property was designed on that side, as the other buildings have their parking on the other side. Mr. McElwain identified the location of a gas line, which drove the original design and layout. He stated that most apartment buildings are developed through PUDs. Councilor Maczko asked if there is a plan to add a building in front of the building to the south. Mr. McElwain replied that this proposed location is the only option on this site. He stated that Mr. Riley has other plans in the future to update the existing buildings, add amenities, and update landscaping. Mayor Levine asked staff to provide additional information on the use of a PUD for the original development and whether it was intended to preserve open space. Community Development Manager Sarah Madden replied that generally, a PUD is used for apartment buildings because of the phased development approach or because there are multiple structures on one property. She stated that the PUD ordinance in place in the 1980's allowed for flexible development and did not get into the specificity that the current ordinance does. She stated that the flexibility at that time was related to density, which was granted through a variance, and due to right-of-way changes, which impacted the density. Mayor Levine asked for more information on the historical density Community Development Manager Sarah Madden stated that when the PUD was approved, there was not a listed range for density for this category, and instead was allowed at ten units per acre. She commented that since the 1990s, a range for density was created, with six to nine units per acre projected for the last 30 years. She stated that the need for the variance was related to the possible unit rate that could have been achieved in the absence of the right-of-way creation. Mayor Levine asked if there are any existing apartment buildings in Mendota Heights within the six -to - nine -unit range. Community Development Director Sarah Madden replied that the property immediately to the south, which is amulti-family townhome development owned by Dakota County CDA, is within that range. Jmwary 20, 2026, Mendota Heights City Couttcil Page 4 of 12 Councilor Mazzitello referenced the townhome property to the south, noting that townhomes are traditionally considered medium -density development, although the zoning is R-3. He asked if there is a high -density development anywhere in Mendota Heights that is at or under nine units per acre. Community Development Manager Sarah Madden replied that she is not aware of any. Councilor Mazzitello commented that there is not an apartment building anywhere close to nine units per acre. He referenced the issue of architectural compatibility, noting that the concept shown is in the style of a contemporary building that would be built today. He wondered if there was language in the original Development Agreement that stated that any future development would need to be architecturally compatible. Community Development Manager Sarah Madden replied that this Development Agreement, perhaps due to its age, does not have those architectural standards built in. She stated that the PUD ordinance does speak about compatibility between phases of development. She commented that the determination was made that the color scheme and general use of materials would be compatible under the constraints of modern construction. She noted that additional requirements could be made to increase compatibility. Councilor Maczko referenced the statement that the PUD was probably used for density, but believed that the variance covered the issue of density. Community Development Manager Sarah Madden replied that there was a variance from the density. She explained that the original development came through as a PUD, and after a few review meetings, it was determined that the variance should be used for density. Mayor Levine commented that in the past, a Conditional Use Permit (CUP) had been used as well, but now a zoning amendment is used, and asked staff to provide additional input. Community Development Manager Sarah Madden explained that previously, a PUD was approved through a CUP, and now a PUD is reviewed as an overlay zoning district. She stated that it is processed in the same way as a zoning amendment is reviewed, rather than the process for a CUP. Councilor Paper stated that the presentation tonight is the first mention he had seen of park dedication and asked if there would be park dedication for the project. Community Development Manager Sarah Madden commented that a park dedication recommendation has not been included at this time. City Attorney Amy Schmidt stated that park dedication is part of a subdivision process, whereas this is an amendment to an existing development, and park dedication is not triggered. Councilor Lorberbaum noted a proposed height difference of T5 feet and asked for more information on the statement that, visually, there would only be 4.5 feet difference. Mr. McElwain replied that there would be a seven -foot difference, but also noted the changes in grade elevation between the existing building and the proposed building. January 20, 2026, Mendota Heights City Council Page 5 ofl2 John Riley, property owner/applicant, confirmed that the new building would be seven feet higher than the existing building. Councilor Lorberbaum referenced the concept of a circular path for emergency vehicles and noted that in her conversations with Mr. Riley, he noted the desire not to disrupt trees in that manner, and perhaps something could be done by the edge of the garage. Mr. McElwain stated that there are options for a full turnaround or a hammerhead turnaround. He identified the area in which that could be placed. Councilor Lorberbaum referenced the issue of the setback to the freeway and asked if the City cares about where the property line ends or the distance between the building and the freeway. Community Development Manager Sarah Madden explained that a setback is from the property line, but the applicant has provided context on why they are supporting the request and why the City could consider that request. She noted that there is a larger area between the property line and highway, and this lot is considered to be a double frontage lot. She noted that those are factors that the City can consider when reviewing that request. Councilor Lorberbaum appreciated that Mr. Riley is respected and has a great record within the community. She stated that if the building were shortened a bit, the setback would be met. Mr. McElwain confirmed that is an option, but believed it to be impractical in this situation. Mayor Levine noted an email received about Lake Augusta and asked if this development would impact the waters of Lake Augusta. Public Works Director Ryan Ruzek commented that there would be less runoff and improved water quality as a result of the project because of the requirements of development. He noted that the existing pond would need to be expanded as well. Mr. McElwain noted that because of changes in water quality requirements, they would need to make changes to the site and would overall provide improvement to what exists today. Mayor Levine asked what would be improved on the site in return for the amendment to the PUD. She recognized that Lexington Heights is a desirable place to live, which is evident through the public comments and low vacancy rate. Mr. Riley commented that they would improve the water quality and treatment onsite. He stated that he envisions a rejuvenation of the site as a whole, noting potential amenities such as a golf simulator and pickleball court. He stated that he attempts to do refreshes of the interior spaces, such as the lobby and clubhouse, which were done about ten years ago, and would be completed again. He stated that when this was originally constructed, there was laundry provided on each floor with laundry hook-ups in the units. He noted that since that time, they have installed in -unit washer and dryers, and there are discussions to convert the larger laundry rooms for other uses such as workout areas or available for rental by residents January 20, 2026, Mendota Heiglxts City Council Page 6 oJl2 for storage, workspace, or other desired use. He stated that this would be an effort to bring the site into the modern day. Mayor Levine asked for information on trees and vegetation. Mr. Riley commented that any trees removed would be replaced per City Code. He stated that he would use this opportunity to add more landscaping and vegetation on the site. Mr. McElwain noted that as the application progresses, they would complete a full landscaping plan, which would include the additional buffering and could also add more trees and entrance plantings. He noted that there would be outdoor patios for the clubhouses that would have additional landscaping as well. Mayor Levine recognized that this would be a redevelopment and that is the phase the city is in: redevelopment. She stated that a first-time homebuyer in 2021 was 31, whereas now the first-time homebuyer is 40. She noted that a three -bedroom apartment does allow for a family with children and asked if there is a plan to provide amenities for children. Mr. Riley replied that there are playsets at some of the communities. He stated that the park is about .25 miles away, and there are other amenities and recreation opportunities within the clubhouse. He stated that if there was a need for a play area, he would consider doing that, but he has not experienced that need yet. He commented that they are seeing more people making the choice to rent rather than purchase homes. Councilor Maczko asked if there could be drive lanes around the parking as proposed, which would allow for the circulation of vehicles. Mr. McElwain stated that the intention was to leave greenspace around the building and include landscaping around the building, which only leaves a 60-foot parking lot. He stated that if he followed the scenario of Councilor Maczko, he would have to remove the landscaping and some of the green space. Mr. Riley stated that he prefers to include the turnaround by the garage, as they have discussed with the Fire Department. Councilor Maczko commented that there are also Amazon deliveries coming daily. Mr. Riley commented that they would work on that, and if that is desired, they could accommodate that change. Councilor Mazzitello moved to adopt RESOLUTION NO. 2026-06 APPROVING A ZONING AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN —AMENDMENT TO THE 1983 LEXINGTON HEIGHTS, WITH THE ADDITION OF THE FOLLOWING LANGUAGE TO CONDITION 10: AND TURNAROUND CAPABILITY TO THE NORTH SECTION OF THE NEW BUILDING PRIOR TO APPROVAL OF THE FINAL DEVELOPMENT PLAN, Councilor Paper seconded the motion. January 20, 2026, Mendota Heights City Council Page 7 of 12 Further discussion: Mayor Levine asked if water quality treatment is covered under the proposed conditions. Community Development Manager Sarah Madden stated that condition five references the City Land Disturbance Guidance Document, which mentions stormwater improvements, and noted that condition four also addresses that item. Councilor Lorberbaum commented that the language used for the setback seems a bit harsh, using threat, and suggested using hazard to be less harsh. Councilor Mazzitello explained that a resolution must use the codified language, which is threat. Councilor Lorberbaum asked if anything would need to be added related to MnDOT permits. Public Works Director Ryan Ruzek replied that MnDOT is its own permitting agency. He stated that Mendota Heights does not have a noise permit. He noted that the other concern of MnDOT was related to drainage, and drainage would not flow towards the freeway. Councilor Maczko asked if there were items that could be added to make the appearance more compatible with the existing buildings. Community Development Manager Sarah Madden explained that if the Council would like, it could add a condition to increase compatibility. She stated that the proposed color scheme and some materials are compatible. Councilor Maczko commented that the existing buildings seem to have covered patios, which make them look more residential than commercial. He asked if there was anything the applicant could do to make the building fit in better on the site. Councilor Mazzitello stated that this is the first plan, and the applicant will continue to work with staff. He noted that perhaps that is something that is included in the Development Agreement rather than the Preliminary Plat. Councilor Maczko commented that he wants it to be on the record. Mayor Levine stated that could be added as condition 12 and asked for assistance in drafting a potential conditionI Community Development Manager Sarah Madden stated that she does have concerns about shoehorning something specific while also does not want to be too broad. She stated that condition 12 could direct the applicant to continue to work with staff on incorporating architectural design features, which increase compatibility to the existing structures and place within the development. Councilor Maczko suggested that the new condition read, provide additional architectural design details to better integrate and coordinate with existing buildings. January 2Q 2026, Mendota Heights City Council Page 8 of 12 Councilor Maczko moved to amend THE MOTION TO INCLUDE CONDITION 12, PROVIDE ADDITIONAL ARCHITECTURAL DESIGN DETAILS TO BETTER INTEGRATE AND COORDINATE WITH EXISTING BUILDINGS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Councilor Paper noted a goal within the Comprehensive Plan that this project would achieve related to housing products and opportunities. He stated that this operator has been in the community for over 40 years and is well -respected. He reviewed the density of the existing buildings in the R-3 district and stated that the City is using flexibility to add to the housing stock on a property that fits well with a longer -term vision. He stated that low vacancy rates mean that there is demand and the product is deemed as quality. He stated that this project fits the stated goals of the City well, with a known developer who maintains their property to a high standard. Ayes: 5 Nays: 0 C) MUNICIPAL CAMPUS PROJECT City Administrator Cheryl Jacobson provided a brief background on this item. The Council was being asked to consider establishing a Municipal Campus Project Oversight Committee and to review the Municipal Campus Project Communications and Engagement Plan. Assistant City Administrator Kelly Torkelson reviewed the project communications and engagement plan. Councilor Maczko asked how residents are able to influence the project. Assistant City Administrator Kelly Torkelson reviewed the different ways residents can provide input, which does influence the project. She stated that the goal is to identify different opportunities for the public to provide input. Councilor Maczko recognized that this is not going out for a referendum and therefore the City Council will be the decision makers. He noted that there are times when residents become informed and asked where the opportunities are that allow the public to speak and have an influence on what happens. Assistant City Administrator Kelly Torkelson noted that the items within the communications plan marked at level two would identify those opportunities. She recognized that the input would be provided to the Council, and it would still be the decision of the Council as to whether that input influences their decision. Mayor Levine asked for more information on opportunities that would be available for residents that cannot attend something in person. Chris Ziemer, ICS, identified opportunities that would be available for residents to provide input without leaving their homes. January 20, 2026, Mendota heights City Council Page 9 of 11 Assistant City Administrator Kelly Torkelson stated that the open houses also allow for residents to consume the information from their home and provide input digitally. Councilor Lorberbaum commented that she was surprised that many residents are still not aware of the project. She appreciated that the information would be provided to residents in many different formats, but acknowledged that they would never inform everyone. She asked a reasonable percentage of people to be made aware of the project. Assistant City Administrator Kelly Torkelson commented that the decision to move forward on the project just occurred in mid -December. She stated that information has been sent out via Heights Highlights and Friday News as well as on the website. She commented that they cannot force residents to engage with the materials and information that is provided. She believed that they would provide many different opportunities and formats for public engagement as the project moves forward. Mr. Ziemer• replied that there is no way to put a number on that, as it is the decision of the residents as to whether or not they want to be involved and informed. City Administrator Cheryl Jacobson noted that it is an appropriate job for the Council to engage with residents and champion the project. Mr. Ziemer provided information on the project organization structure, project decision -making structure, Project Oversight Committee (POC) structure, POC responsibilities, consensus, and project communications. Councilor Mazzitello asked if there is a preference for an odd or even number on the committee. Mr. Ziemer replied that there is no preference, noting that the preference would be that the total number on the POC not get too high. He provided additional information on the architectural services request for qualification (RFQ) and reviewed the overall project schedule. Mayor Levine commented that she has selected Councilor Maczko from the Council, with Councilor Lorberbaum as the alternate. She noted that as the Mayor, she would also bcame er of the POC. She noted that if there are ten members, that would only allow for one member of the community. She asked if there could be an alternate resident selected. Mr. Ziemer commented that an alternate works on the Council level as they continue to stay informed throughout the process, but it does not work for• a resident because they will not be caught up on the discussion from meeting to meeting. He stated that there could be 11 members if two community members are desired. Mayor Levine confirmed the consensus for the members of the Council she selected to serve on the POC. Mr. Ziemer suggested waiting to see the applications received before determining whether one or two residents would be selected for the POC. Jnnnary 20, 2026, Mendota Heights City Council Page 10 of 12 Councilor Maczko commented that he would prefer to have three residents selected for the POC to have more representation from the residents committee to achieve the goal. He believed that it is important that they have a cross-section of different people to provide input. He recognized the desire for someone to have a construction background, but believed that there are other skillsets that could be important, such as finance. He stated that it could also be helpful to have input from a younger person, as this is being designed for the future vision and needs as well. Councilor Mazzitello stated that he does not want to see the POC become too large and would prefer to have an odd number to ensure there is a majority consensus one way or the other. He stated that he could accept three resident members. Councilor Mazzitello left the meeting. Councilor Paper commented that he could support up to three resident members if it would create a quality working group, but does not want to force people who may not be the right fit. He recognized that it would be a major lift for members of the community to be able to attend all of these meetings at these times. He noted that it would need to be someone who has the background or skillset and is retired or has PTO to use. Mayor Levine recognized that they are building this facility for the next 50 years, and the people who are retired may not necessarily fall into that category. She recognized that needs and wants are different for different generations, and she would like to see representation from the different generations. She stated that she would be happy with one or two residents on the POC and could support three, but does not want them all from the same demographic or perspective. Councilor Lorberbaum agreed that they need to focus on the right mix and skill set rather than trying to fill three positions just to have three. She stated that she could support one to three, but would like to see different skillsets and demographics. She asked how the residents would be chosen. City Administrator Cheryl Jacobson stated that an application has been developed and recommended following the same process that is used for advisory commission interviews and appointments. Councilor Paper asked if the members of the POC would become like commissioners and whether they would be issued a City email address so that all communications are funneled through that secure format. City Administrator Cheryl Jacobson stated that could be done. She stated that meeting minutes would be provided and meetings would be open to the public. City Attorney Amy Schmidt stated that if the committee is constituted by the Council, it would be subject to open meeting law and recommended that the process be followed as described by the City Administrator. Councilor Lorberbaum asked if the committee members would be paid like commission members. City Administrator Cheryl Jacobson stated that a per diem has not been discussed or budgeted. January 20, 2026, Mendota Heights City Council Page Il of 11 Mr. Ziemer stated that he has not yet been a part of a POC where members are paid. Councilor Maezko commented that while he has been involved m committees that are compensated, it is not typical. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Lorberbaum shared quotes from Martin Luther King, Jr. Councilor Maczko commented that it has been a challenging few weeks with recent events and hoped that cooler minds will prevail and they follow some of the words from Martin Luther King, Jr. He commented that it is okay to have different opinions and coexist. He asked people to treat everyone with respect, whether or not they agree. Councilor Paper noted that a resident inquired earlier tonight about how to engage with members of the Council. He stated that contact information for each member of the Council is available online and encouraged residents to reach out and call him. He wished Mayor Levine a happy birthday. Mayor Levine welcomed Officer Walrath and thanked all the volunteers who were recognized tonight. She noted business visits she attended that focused on sustainability and commented on a Martin Luther King, Jr. event at Two Rivers, where she was very inspired by the students. ADJOURN Councilor Paper moved to adjourn. Councilor Maczko seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 9:00 p.m. v Stephanie If Levine Mayor ATTEST: VV,T, Nanc Bauer City Clerk January 20, 2026, Mendota Heights City Council Page I2 of 12