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02 04 2026 City Council Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL REGULAR MEETING AGENDA February 4, 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 January 20, 2026, City Council Closed Session Meeting b.Approve Minutes from the January 20, 2026, City Council Work Session Meeting c.Approve Minutes from the January 20, 2026, City Council Meeting d.Acknowledge Minutes from the September 17, 2025, Airport Relations Commission Meeting e.Acknowledge Minutes of the October 8, 2025, Airport Relations Commission Special Meeting f.Acknowledge Minutes from the December 29, 2025, Planning Commission Meeting g.Approve the 2026-2027 Labor Agreement with Law Enforcement Labor Services, Inc.of Local #76 Page 1 of 202 h.Accept Notice of Retirement and Authorize Utility Billing Clerk Position Recruitment i.Accept the Resignation of Police Officer Donovan Barr from the Mendota Heights Police Department j.Approve Hire for Public Works Maintenance Worker k.Acknowledge the November and December 2025 Fire Synopses l.Approve Resolution 2026-08 Cooperative Construction Agreement with the Minnesota Department of Transportation for the Highway 13 (Sibley Memorial Highway) Rehabilitation Project m.Approve November and December 2025 Treasurer's Report n.Approve Claims List 7.Presentations 8.Public Hearings 9.New and Unfinished Business a.Community Safety and Immigration and Customs Enforcement b.Resolution 2026-10 Approving a MRCCA Permit Application by Homes by Tradition, LLC to allow for the construction of a new single-family home on the vacant property located at the northwest corner of Glenhill Road and Victoria Curve. [Planning Case No. 2026-01] c.Resolution 2026-09 Approving Option and Lease Agreement Between The Tower, LLC and the City of Mendota Heights at Wentworth Park d.Approve a Change Order for the Basin IV-P126 Improvement Project - Added on 2/4/2026 e.Municipal Campus Project 10.Community / City Administrator Announcements 11.City Council Comments 12.Adjourn Next Meeting February 17, 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 202 January 20, 2026, City Council Special Meeting Minutes Page-1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the City Council Closed Session Held January 20, 2026 Pursuant to due call and notice thereof, a meeting of the City Council, City of Mendota Heights, Minnesota, was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 4:00 p.m. Councilors Lorberbaum, Maczko, Mazzitello, and Paper were present. CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS STRATEGY A motion was made by Councilor Mazzitello, seconded by Councilor Maczko, to adjourn to a closed session pursuant to Minnesota Statutes §13D.03, for attorney-client privilege for discussion of labor negotiations strategy. The motion passed 5-0. Those present included Mayor Stephanie Levine, Councilmembers Lorberbaum, Maczko, Mazzitello, and Paper. Also in attendance were City Administrator Cheryl Jacobson, Assistant City Administrator Kelly Torkelson, Finance Director Kristen Schabacker, and City Attorney Amy Schmidt. A motion was made by Councilor Maczko and seconded by Councilor Lorberbaum to adjourn the closed meeting and to return to the open meeting at 4:25 p.m. The motion passed 5-0. CLOSED SESSION SPENCER MCMILLAN V. CITY OF MENDOTA HEIGHTS A motion was made by Councilor Maczko, seconded by Councilor Mazzitello, to adjourn to a closed session pursuant to Minnesota Statutes §13D.05, subd. 3(b) to discuss matters permitted by the attorney-client privilege relating to “Spencer McMillan v. City of Mendota Heights”. The motion passed 5-0. Those present included Mayor Stephanie Levine, Councilmembers Lorberbaum, Maczko, Mazzitello, and Paper. Also in attendance were City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek (arrived at 4:40 p.m.), Community Development Manager Sarah Madden, City Attorney Amy Schmidt and Attorney James Thomson. A motion was made by Councilor Mazzitello, seconded by Councilor Paper, to adjourn the closed meeting and to return to the open meeting at 4:54 p.m. The motion passed 5-0. Page 3 of 202 6.a January 20, 2026, City Council Special Meeting Minutes Page-2 ADJOURN The mayor adjourned the meeting at 4:54 p.m. Stephanie B. Levine, Mayor Attest: Nancy Bauer City Clerk Page 4 of 202 January 20, 2026, 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, January 20, 2026 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 5:00 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, Police Sergeant Wayne Wegener, City Attorney Amy Schmidt, and City Clerk Nancy Bauer. Also, in attendance was Melissa Reed of Resolve Strategies, and Jeff Gerber of Interstate Outdoor Advertising. BILLBOARDS IN MENDOTA HEIGHTS City Administrator Jacobson introduced Melissa Reed of Resolve Strategies and Jeff Gerber of Interstate Outdoor Advertising. Community Development Manager Madden reported that the City Council is being asked whether it would like to move forward with digital signage. New code language related to large digital display signs would need to be drafted to allow this type of sign. Ms. Reed stated that she is a government relations specialist in the Twin Cities and a Mendota Heights resident. She noted that monument display signs could generate revenue for the City without increasing taxes. The City could potentially partner with St. Thomas Academy for advertising and city announcements. Highway 494 was identified as a major corridor that could generate revenue for both the City of Mendota Heights and St. Thomas Academy. An additional potential location for a sign was identified east of Kensington Park along Highway 494. The advantages of the proposed sites and the possibility of new zoning designations were discussed. Mr. Gerber stated that minimum annual revenue from a sign would be approximately $75,000 and could be as high as $100,000, depending on various factors. Page 5 of 202 6.b January 20, 2026, City Council Work Session Minutes Page - 2 Councilor Lorberbaum noted that when she served on the Planning Commission, digital signs were not favored due to concerns about driver distraction. Councilor Paper asked what would happen if the Convent of Visitation wanted to install a sign, if St. Thomas Academy installed a sign. Mr. Gerber stated that it would likely not be permitted due to MnDOT regulations. Councilor Paper asked about the typical lease term. Mr. Gerber responded that leases are typically 20 years in length. Mayor Levine stated that she was interested in the concept but expressed concern about equity, noting that the Convent of Visitation School is located adjacent to St. Thomas Academy. She also referenced that, in the past, Two Rivers High School was not granted permission to install a digital sign. Council expressed general opposition to the concept with the caveat that there was interest in exploring potential revenue sources for the city. Mayor Levine noted that Councilors have mixed views on the proposal and that the matter will be referred to staff for further consideration. Community Development Manager Madden noted that for a draft ordinance both sites would be evaluated along with the proposed concept for the new signage. City Administrator Jacobson stated that, from a staff perspective, this would not be a high- priority item, as there are other items that need to be addressed first. VALLEY PARK DNR GRANT OPPORTUNITY Parks and Recreation Director/Assistant Public Works Director Lawrence stated that she needs direction regarding the matching Valley Park DNR grant opportunity. For the grant application to be successful, it would need to include significant recreational improvements to the park. Public Works Director Ruzek stated that the scope of the project could be expanded to help with the success of securing the grant funds such as adding baseball fencing, reimagining the tennis courts as three pickleball courts, possibly covered for year-round use, and potentially adding a salt storage shed. Councilor Maczko asked what improvements the Parks and Recreation Commission was requesting to secure grant funding. Parks and Recreation Director/Assistant Public Works Director Lawrence stated that refurbishing the picnic shelter and playground was their budget request for 2026. Converting the tennis court to pickleball courts remains an ongoing discussion. Page 6 of 202 January 20, 2026, City Council Work Session Minutes Page - 3 Councilor Maczko said he would like more time to consider the request and that he liked the idea. Mayor Levine suggested that the Parks and Recreation Commission develop a concept plan with associated costs. Parks and Recreation Director/Assistant Public Works Director Lawrence stated that the playground is 19 years old and that there is a time constraint for submitting the grant application. She added that the picnic shelter needs to be replaced this summer and could be done without grant funding. ADJOURNMENT Councilor Lorberbaum made a motion to adjourn the work session, and the motion was seconded by Councilor Mazzitello. Motion carried. The meeting adjourned at 5:53 p.m. _________________________ Stephanie B. Levine, Mayor ATTEST: _____________________ Nancy Bauer, City Clerk Page 7 of 202 This page is intentionally left blank CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT 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. Page 8 of 202 6.c January 20, 2026, Mendota Heights City Council Page 2 of 12 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. Page 9 of 202 January 20, 2026, Mendota Heights City Council Page 3 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 Page 10 of 202 January 20, 2026, Mendota Heights City Council Page 4 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 a multi-family townhome development owned by Dakota County CDA, is within that range. Page 11 of 202 January 20, 2026, Mendota Heights City Council Page 5 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 7.5 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. Page 12 of 202 January 20, 2026, Mendota Heights City Council Page 6 of 12 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 Page 13 of 202 January 20, 2026, Mendota Heights City Council Page 7 of 12 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. Page 14 of 202 January 20, 2026, Mendota Heights City Council Page 8 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’s 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 condition. 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. Page 15 of 202 January 20, 2026, Mendota Heights City Council Page 9 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) MUNICPAL 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 resdients that cannot attend something in person. Chris Ziemer, ICS, identified opportunities that would be available for residents to provide input without leaving their homes. Page 16 of 202 January 20, 2026, Mendota Heights City Council Page 10 of 12 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 be a member 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. Page 17 of 202 January 20, 2026, Mendota Heights City Council Page 11 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. Page 18 of 202 January 20, 2026, Mendota Heights City Council Page 12 of 12 Mr. Ziemer stated that he has not yet been a part of a POC where members are paid. Councilor Maczko commented that while he has been involved in 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. ____________________________________ Stephanie B. Levine Mayor ATTEST: _______________________________ Nancy Bauer City Clerk Page 19 of 202 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES September 17, 2025 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, September 17, 2025 at Mendota Heights City Hall, 1101 Victoria Curve. 1.CALL TO ORDER Chair Norling called the meeting to order at 6:00 pm. Commissioners present: Norling, Sharma, Bobbitt, Sloan, Dunn, Neuharth, Hamiel Staff present: Administrative Special Projects Coordinator Mills Ford and Administrative Coordinator Desmond Public present: Rose Agnew 2.CONSENT AGENDA a.Approve Minutes from the July 16, 2025 Meeting b.Acknowledge Airport Operational Statistics Reports 1.Complaint Information 2.Runway Use Information Chair Norling approved the consent agenda. 3.PUBLIC COMMENTS No public comments 4.BUSINESS a.ARC Update to the City Council Chair Norling presented the draft City Council presentation, and the Commission reviewed the draft and offered comments and suggestions. Commissioner Bobbitt requested that Liz Petschel be credited for the history overview that she wrote. Commissioner Hamiel discussed adding a timeline of key events beginning in 1973. Commissioner Bobbitt asked whether Commissioner Hamiel would be willing to draft the timeline so that a corresponding slide could be added to the presentation. Commissioner Hamiel agreed. Page 20 of 202 6.d Commissioner Bobbitt commented on the RNAV charts and asked if they can get updated ones. Chair Norling noted to reach out to MAC to see if clearer and more current charts are available. Commissioner Bobbitt commented that the Commission should consider how the City Council may perceive the RNAV changes and anticipate potential questions regarding impacts, while acknowledging that the Commission has no authority over the implementation of those changes. Vice Chair Sharma asked whether the slideshow contained sufficient information to provide the City Council with a comprehensive overview. Chair Norling responded that the content should be adequate to fill the allotted presentation time. Chair Norling asked Commissioner Hamiel to put together the timeline, and she will reach out to MAC to get clearer and more current charts. Chair Norling reiterated the desire to present to the City Council in October and asked whether commissioners would be available for a special meeting before that date. Chair Norling then asked city staff to confirm the October City Council meeting schedule and submission deadlines. Administrative Coordinator Desmond provided the meeting dates and noted that materials are typically due by the end of the Wednesday preceding the meeting. Chair Norling proposed having a special meeting before the October Council meeting. Commissioner Bobbitt proposed holding a special meeting on October 8. 5.INFORMATION AND CORRESPONDENCE 6.ANNOUNCEMENTS AND COMMISSIONER COMMENTS Chair Norling reviewed the August Operations Report, noting fewer total operations compared to last year, continued predominance of south flow runway use, and higher noise levels associated with lower aircraft altitudes during summer operations. Commissioner Hamiel noted that it is harder to get the planes up to a higher altitude in the summer compared to in the winter. She reported that Runway 12R is scheduled to reopen next Friday, provided updates on the NOC work plan, announced that FAA RNAV implementation has been delayed until March 2026, and suggested exploring the possibility of scheduling ARC meetings prior to NOC meetings. 7.ADJOURN Motion by Neuharth and second by Hamiel to adjourn the meeting. Motion carried 7-0. Chair Norling adjourned the meeting at 7:02pm. Page 21 of 202 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES October 8, 2025 The special meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, October 8, 2025 at Mendota Heights City Hall, 1101 Victoria Curve. 1.CALL TO ORDER Chair Norling called the meeting to order at 6:00 pm. Commissioners present: Norling, Sharma, Bobbitt, Sloan, Dunn, Neuharth, Hamiel Staff present: City Administrator Jacobson and Administrative Coordinator Desmond Public present: Rose Agnew 2.BUSINESS a.ARC Update to the City Council Chair Norling noted that Commissioner Hamiel prepared two written summaries outlining the history of the airport and the Mendota Heights Airport Commission. Commissioner Hamiel provided an overview of the material. Commissioner Bobbitt asked how much time would be allotted for the Commission’s presentation to the City Council. City Administrator Jacobson stated that a total of 15 minutes would be provided—10 minutes for the presentation and 5 minutes for Council questions. Commissioner Hamiel provided additional background on the history of the airport and asked whether Mendota Heights currently has representation on the Noise Oversight Committee (NOC). City Administrator Jacobson confirmed that she serves as the City’s representative and is the NOC co-chair. Chair Norling asked about past discussions between the NOC and the Mendota Heights Airport Commission and whether Commissioner Hamiel had additional information. Commissioner Hamiel stated that he could research and provide more details if available. Chair Norling also asked about previous efforts by cities to collaborate in order to have a stronger collective voice with the Metropolitan Airports Commission (MAC). Commissioner Hamiel stated that he did not have additional information beyond what was included in his write-up. Chair Norling discussed the overall flow of the presentation and asked Commissioner Hamiel to elaborate on a bullet point, noting reduced representation related to noise issues. Commissioner Hamiel explained that in the 1980s and 1990s many cities maintained airport Page 22 of 202 6.e or noise commissions, whereas today fewer cities do so, with most participation now occurring through the NOC. Chair Norling noted this would be a valuable point to include in the presentation. Chair Norling asked whether the Commission should go into greater depth on the charts and whether they had been presented previously. Commissioners Sloan and Neuharth confirmed that similar charts had been presented in the past. Commissioner Sloan suggested highlighting selected individual charts and explaining their significance. Chair Norling discussed emphasizing three key historical points during the presentation and reviewed potential slide content and additional topics. Commissioner Neuharth recommended showing only two charts rather than all of them and offered to present those charts. Commissioner Sloan noted that RNAV implementation is forthcoming and should be addressed. Chair Norling suggested beginning with the historical overview and transitioning to RNAV as a future-focused topic. Commissioner Neuharth also recommended including the noise corridor footprint chart. Chair Norling stated that the Commission is currently scheduled to present at the October 21 City Council meeting. City Administrator Jacobson noted that the presentation could be moved to a different meeting if necessary. Commissioners discussed possible dates. Commissioner Dunn suggested that City Administrator Jacobson and Chair Norling determine the final presentation date. Chair Norling stated that they would discuss it further and that the presentation would most likely be moved to November 5. 3.ADJOURN Motion by Neuharth and second by Bobbitt to adjourn the meeting. Motion carried 7-0. Chair Norling adjourned the meeting at 7:05pm. Page 23 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 1 of 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES DECEMBER 29, 2025 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, December 29, 2025, in the Council Chambers at City Hall, 1101 Victoria Curve, at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Cindy Johnson, Jason Stone, Jeff Nath, and Steve Goldade. Those absent: Commissioner Brian Udell. Approval of Agenda The agenda was approved as submitted. Approval of November 25, 2025, Minutes COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER NATH, TO APPROVE THE MINUTES OF NOVEMBER 25, 2025. AYES: 6 NAYS: 0 Hearings A)PLANNING CASE 2025-16 CHASE REAL ESTATE (ON BEHALF OF CONDOR LIVING/LEXINGTON HEIGHTS APARTMENTS), 2300 LEXINGTON AVENUE – PLANNED UNIT DEVELOPMENT AMENDMENT (PRELIMINARY DEVELOPMENT PLAN) Community Development Manager Sarah Madden explained that the applicant, Chase Real Estate, LLC, requests approval of an amendment to the Lexington Heights Planned Unit Development (PUD) to allow for the construction of a new 84-unit apartment building on the property in addition to the existing structures. The application had been tabled from the Planning Commission’s November 25, 2025, meeting. Hearing notices were published and mailed to all properties within 350 feet of the site; no comments or objections to this request were received. Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Page 24 of 202 6.f December 29, 2025 Mendota Heights Planning Commission Meeting Page 2 of 10 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO OPEN THE PUBLIC HEARING. AYES: 6 NAYS: 0 Joe McElwain, Chase Real Estate, commented that he believed that staff addressed the questions that the Commission previously presented in the presentation, and was present to address any additional questions. He stated that the resident meeting on-site went well. He noted a report dated May 6, 2025, which identified the housing needs in Mendota Heights and recommended 1,290 new residential units over the next five years. He hoped that this application for 84 units would help the cause. Commissioner Johnson appreciated the effort of the applicant to answer most of the questions. She referenced a plan for buffering using plant materials to the north and east and a related letter from MnDOT about noise buffering. She commented that she would like to see additional buffers on the north and east. She recognized the trees that would be removed to the north for the fire turnaround and identified additional opportunities for planting on the site. She recommended native buffering around the infiltration area. Commissioner Corbett asked why this was originally constructed through a PUD. Mr. McElwain was unsure, as the project was constructed in 1984. Community Development Manager Sarah Madden stated that part of the reason was related to the density, which was ten units per acre. She stated that she can provide additional information after the questions for the applicant are completed. John Riley, property owner, stated that he is present to answer any property-specific questions. Elliot Side, 2300 Lexington, commented that his bedroom window faces the forest, which will partially be removed. He asked the Commission to consider what it would be like to live across from a construction site. He noted that once the construction is completed, the view to the east will change as they will look at a building, and the new building will have views of the existing building or the highway. He commented on the disruption that this project will create for residents and believed that the additional units would put more pressure on the site. He asked the Commission to reject this project as he did not see a benefit to the residents already living on the site. Harvey Prahl, 2300 Lexington, appreciated the concerns raised by the previous resident but also recognized that it is part of development and economic progress. He stated that buildings are being developed in undeveloped areas and recognized that the community is going through economic growth, which is great for jobs and additional residents. He commented that this community is a beautiful place to live and the service at Lexington Heights has been phenomenal, noting that whenever he has an issue, it is immediately addressed by management. He recognized that Page 25 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 3 of 10 construction would be inconvenient and messy, just as a road project is. He stated that while some tweaks could potentially be made to the project, he did not see a need to reject the proposal. Stacia Terrhar, 2370 Lexington, commented that the management has been great at the property. She expressed concerns about safety along Lexington Avenue. Katelynn Noseworthly, 2300 Lexington, commented that the current design has room for large vehicles to turn around and park without blocking anyone in. She stated that in the new design, there still needs to be a turnaround area. She noted that there is a fire hydrant in front of the 2300 building and asked if there could be parking in front of that, as identified in the plan. Allison Runche, 2300 Lexington, commented that it is disappointing to see that some of the wooded area would be removed, as they were told it would not be removed at the resident meeting. She referenced the proposed density, which is calculated over the entire site, although it will be added to the 2300 property. She asked why the City established a density range if it is not going to be kept, and asked for the criteria that are considered for increased density requests. Mr. Riley stated that the trees being removed are to accommodate the required turnaround. He noted that the treed area is not a high-value or high-quality forest. He stated that when the property was constructed, the parking required 2.5 vehicles per unit, which results in large parking lots that are underutilized, estimating that only about 30 percent of the parking is utilized. Mr. McElwain identified the line that estimates the boundary of the tree survey. He stated that the forest to the northeast is not anticipated to be impacted and simply identifies the boundary of the survey. He stated that the island will be placed in front of the hydrant, and the details of the turnaround will be determined as they move forward and work with the Fire Department. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Corbett stated that he researched the reasoning for a PUD and understands that it can accommodate multiple variances while also preserving green space. He stated that the space proposed to be built upon is only there because of the original PUD, which created that space. He appreciated the intent of the applicant but also believes there is no urgency to move forward with this, as there are more than enough high-density apartments that have been constructed in the last six years, with additional apartments being constructed in neighboring communities as well. He stated that he would recommend denial of the request as he did not see a need or urgency. Commissioner Goldade stated that one of his main thoughts has been around density, not only for this site but for the city as a whole. He asked if there is a possibility for this site that future Page 26 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 4 of 10 buildings could be added if this were approved, or whether this would be the last building on the site. Community Development Manager Sarah Madden stated that part of the initial discussions with the developer at the time the concept was presented included a review of the entire site and that the northernmost parcel had the most available space for a new building that would meet modern construction and needs. She stated that setback flexibility is still requested as part of this request. She stated that when the PUD was originally proposed, the full right-of-way acquisition was growing and changing, and all multi-family developments with multiple buildings were developed under PUDs at that time. She stated that the PUD ordinance at that time did not include the same language it includes today, and explained how the density requirements have changed over time. She also reviewed items of discussion for the original PUD approval. She stated that the Comprehensive Plan of the City today includes density goals and anticipated growth, and noted that the past density ranges of the City have changed over time. She commented that the PUD tool has existed since the 1980s, but has also changed over time to allow flexibility. She stated that exceeding the density is a discretionary authority of the City Council. She stated that the Commission is asked to make a recommendation to the City Council. She noted that increased density is something that has been approved by the City Council in recent years, providing examples. Chair Field asked for information on the fire hydrant issue mentioned. Community Development Manager Sarah Madden noted that this would likely be the location of the landscaping island within the parking lot and will be reflected in the updated plans, as parking is not allowed in front of a hydrant. Chair Field referenced the concerns with the treed area and related comments of the applicant and asked for staff thoughts. Community Development Manager Sarah Madden commented that the line shown on the plan is an estimated boundary for the tree canopy, and the majority of the trees fall deeper into the property on private property. She stated that, depending on the needs for the fire turnaround, additional trees may need to be removed, but there would be a requirement for replacement. Commissioner Johnson asked if this building would be at the same elevation as the other building or whether there would be an opportunity for the new building to have a lower elevation. Community Development Manager Sarah Madden stated that the buildings will not be at the exact same elevation, noting the grading plan. COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER CORBETT, TO REOPEN THE PUBLIC HEARING. AYES: 6 NAYS: 0 Page 27 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 5 of 10 Mr. McElwain provided the elevation of the existing building and the proposed elevation of the new building. He explained the changes that would be necessary to dig the new building lower, which would require a higher retaining wall and potentially additional tree impacts. Commissioner Johnson commented that there will be damage to trees from the construction of the retaining wall, again noting the map she created, which identifies areas where additional plantings could occur. Mr. McElwain stated that they would add trees around the fire turnaround to mitigate for headlights. Commissioner Goldade noted that the existing buildings are three stories, and this is proposed to be four stories, so it would be a higher elevation. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER NATH, TO RECOMMEND DENIAL OF CASE 2025-16 AS THE NEED IS NOT URGENT, THE BUILDINGS EXCEED THE MAXIMUM DENSITY, AND THERE ARE STILL HIGH- DENSITY HOUSING BUILDINGS THAT HAVE BEEN APPROVED AND ARE YET TO COME ONLINE. Further discussion: Commissioner Stone commented that he has been in Mendota Heights for 17 years and originally did not support the apartment buildings that have come to the community, but his opinion has since changed as the buildings are nice and allow more residents to live in the community. He stated that he has always been surprised by the amount of green space on this site and completely understands the thoughts of the building owner to want another building on the site. He stated that he would support the request. Commissioner Johnson stated that her concerns are related to the transition from R-1 to R-3 and how that is dealt with. She had concerns about the buffer along the highway and believed that additional trees would assist with buffering from the highway noise. She understood the need and desire of the community for space and trees, and perhaps there are things that can be built into the design to mitigate that impact for existing residents. She stated that the request generally fits within the area, and this could be an area to accommodate additional density, while also preserving the PUD objectives. She noted the additional housing options that this building would provide and stated that while she does have concerns with increased density, she believed this to be a minimal impact and could be a good opportunity. Commissioner Nath commented that the Council continues to approve increased density and asked when that stops. He stated that this is a nicely designed building, but was unsure whether he wanted to continue to support requests above the standard. He recognized that the final decision Page 28 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 6 of 10 would be of the City Council, but did not want to support something above the residential standard. He commented that he also did not like that the existing residents would have a view of a new building, but recognized that this is also the result of development. He stated that he probably could not support this as written. Commissioner Johnson stated that while she agrees with the comments related to density, a PUD is a tool that allows flexibility in density. She stated that the Council will have discussions related to the density request, and perhaps additional benefits will be provided in return for that increase. She recognized that this parcel has available land that would allow for additional development with minimal impact on others. AYES: 2 (CORBETT AND NATH) NAYS: 4 Commissioner Stone asked if a recommendation could be provided to plant additional trees as suggested by Commissioner Johnson. Commissioner Corbett asked about the urgency in building additional apartments. Commissioner Stone commented that there may not be an urgency, but he understands the why, as the property owner has a large amount of land that could be built upon. He stated that the Riley family constructed the project, and he believes that the family will continue to have a vested interest in the property and maintenance of the property. Commissioner Johnson stated that the question is not why but whether the request fits within the parameters, as outlined in the staff report. Community Development Manager Sarah Madden stated that the recommended conditions of approval have not changed from the previous meeting, noting that 11 conditions of approval were recommended with this request. She stated that the Commission could choose to add conditions, as could the City Council. She stated that landscaping is addressed through proposed condition seven in the staff report and noted that the Commission could modify that condition or choose to add additional conditions if desired. Commissioner Goldade asked if there was a discussion related to the number of stories and how four stories were chosen to move forward. Community Development Manager Sarah Madden stated that an early concept was shared four or five years ago, which also included a four-story building, as that is the style of building constructed in this area. She noted that when additional stories are added, different construction materials are required. She stated that the building as designed is compliant with the standards, recognizing that the density is a requested flexibility. Commissioner Johnson asked if there is anything that could be done architecturally to modify the impact the building will have on the existing 2300 residents, whether that is done through a step back or a gap. Page 29 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 7 of 10 Commissioner Goldade stated that when there is an existing development and something new is added, it should be consistent in height. He asked if the City would want to add a building one story higher than the existing three-story buildings on the site. Commissioner Johnson agreed that, ideally, it would be a three-story building or a modified version. Chair Field asked if a condition could use the word encourage. Community Development Manager Sarah Madden commented that the discussion could include the thoughts that have been expressed, but the conditions are directives and requirements of the applicant and not suggestions. Chair Field stated that he is unsure there is anything that could be done in that regard, as it is the nature of the application, as this is a preliminary plat. Commissioner Corbett stated that the Commission is making a recommendation, and the City Council will have the final vote. He stated that the Commission could recommend denial because it is four stories instead of three. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE ZONING AMENDMENT AND PRELIMINARY DEVELOPMENT PLAN, TO AUTHORIZE AN AMENDMENT TO THE LEXINGTON HEIGHTS PLANNED UNIT DEVELOPMENT (PUD) ALLOWING FOR THE CONSTRUCTION OF A NEW 84-UNIT APARTMENT BUILDING AT 2300 LEXINGTON AVENUE, BASED ON THE FINDINGS OF FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1.THE APPLICANT/DEVELOPER SHALL ENTER INTO A DEVELOPMENT AGREEMENT WITH THE CITY OF MENDOTA HEIGHTS. 2.THE NEW BUILDING SHALL BE CONSTRUCTED ONLY IN CONFORMANCE TO BUILDING AND SITE PLANS CERTIFIED BY REGISTERED ARCHITECTS AND ENGINEERS (AS APPLICABLE); AND IN ACCORDANCE WITH ALL ARCHITECTURAL AND BUILDING STANDARDS FOUND UNDER TITLE 12-4B- 3, SUBPART E “ARCHITECTURE AND BUILDING DESIGN STANDARDS”. 3.THE PROPOSED WATER SYSTEM SHALL BE DESIGNED AND CONSTRUCTED TO SAINT PAUL REGIONAL WATER SERVICE (SPRWS) STANDARDS, INCLUDING WRITTEN APPROVAL OF THE DESIGN LAYOUT PRIOR TO FINAL CITY COUNCIL APPROVAL. 4.THE DEVELOPER/APPLICANT SHALL SUBMIT FINAL GRADING, UTILITY, AND SITE PLANS, AND ARCHITECTURAL CONSTRUCTION DRAWINGS FOR PERMITTING, SUBJECT TO REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT AND ENGINEERING DEPARTMENT AS PART OF ANY BUILDING PERMIT APPLICATION. BUILDING AND GRADING PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONSTRUCTION COMMENCEMENT OF ANY WORK. Page 30 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 8 of 10 5.ALL GRADING AND CONSTRUCTION ACTIVITIES AS PART OF THE PROPOSED DEVELOPMENT SHALL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDEANCE DOCUMENT. 6.THE FINAL DEVELOPMENT PLAN SHALL INCLUDE AN UPDATED LANDSCAPE PLAN WITH A DETAILED LANDSCAPING SCHEDULE FOR PLANNED PLANT MATERIALS. 7.THE APPLICANT/DEVELOPER WILL WORK WITH PLANNING STAFF TO REVIEW AND APPROVE ADDITIONAL PLANT MATERIALS WITHIN A BUFFER AREA BETWEEN THE PROPOSED PATIO COURTYARD, THE REDUCED SETBACK AREA FROM THE EAST PROPERTY LINE BOUNDARY WITH I-35E, ALONG THE R-1 PROPERTY LINE, AND IN THE AREA OF CONSTRUCTION OF THE RETAINING WALL AND FIRE TURNAROUND BY INSTALLING ADDITIONAL LANDSCAPE MATERIALS, INCLUDING TREES, BERMS, HEDGES, OR OTHER LANDSCAPE MATERIALS WHERE FEASIBLE. 8.A PERFORMANCE BOND OR LETTER OF CREDIT SHALL BE SUPPLIED BY THE APPLICANT IN THE AMOUNT EQUAL TO AT LEAST ONE AND ONE-HALF (1 ½) TIMES THE VALUE OF SUCH SCREENING, LANDSCAPING, AND OTHER IMPROVEMENTS, TO BE INCLUDED AS PART OF THE DEVELOPMENT AGREEMENT. 9.THE DEVELOPER AND/OR THEIR RESPECTIVE AGENTS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING IN A CONDITION PRESENTING A HEALTHY, NEAT, AND ORDERLY APPEARANCE AND FREE FROM REFUSE AND DEBRIS. PLANTS AND GROUND COVER WHICH ARE REQUIRED BY AN APPROVED SITE OR LANDSCAPE PLAN AND WHICH HAVE DIED SHALL BE REPLACED AS SOON AS SEASONAL OR WEATHER CONDITIONS ALLOW. ALL LANDSCAPE AREAS MUST BE IRRIGATED. 10.THE APPLICANT/DEVELOPER WILL WORK WITH THE FIRE DEPARTMENT PERSONNEL IN DETERMINING FINAL DESIGN, LOCATION, AND SPECIFICATIONS TO THE FIRE SAFETY ACCESS AREA TO THE NORTH PORTION OF THE NEW BUILDING. 11.A SEPARATE FOREST ALTERATION PERMIT APPLICATION AND FOREST MANAGEMENT PLAN IS REQUIRED TO BE SUBMITTED TO THE CITY PRIOR TO BUILDING PERMIT ISSUANCE TO CONFIRM COMPLIANCE WITH THE URBAN FOREST PRESERVATION ORDINANCE. THE APPLICANT SHALL POST A TREE REPLACEMENT ESCROW WITH THE CITY AND SHALL MITIGATE TREE REPLACEMENT IN APPROPRIATE AREAS OF THE PROPERTY AS REVIEWED AND APPROVED BY THE NATURAL RESOURCES COORDINATOR AND COMMUNITY DEVELOPMENT MANAGER. IF COMPLIANCE WITH THE TREE REPLACEMENT REQUIREMENT IS NOT FEASIBLE, THE CITY MAY APPROVE ALTERNATIVE TREE REPLACEMENT MEASURES WITHIN THE FOREST ALTERATION PERMIT. AYES: 3 Page 31 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 9 of 10 NAYS: 3 (CORBETT, GOLDADE, AND NATH) Commissioner Johnson asked if this would still go to the Council with a 3-3 vote. Community Development Manager Sarah Madden commented that the Commission could continue to discuss and see if the outcome would change, or this could go forward with the 3-3 vote. Commissioner Stone commented that this should move forward with the 3-3 vote, and the City Council, who are elected officials, can make the decision. The Commission agreed. Chair Field advised the City Council would consider this application at its January 20, 2026, meeting. New and Unfinished Business A) APPROVAL OF 2026 MEETING CALENDAR Chair Field explained that the Commission is asked to consider and approve the 2026 meeting calendar. Commissioner Stone commented that the March meeting is proposed during the spring break for the school district. It was noted that there would not be a quorum at that meeting. Community Development Manager Sarah Madden commented that she could bring alternative March dates for the Commission to consider. She noted that if a date or quorum could not be found, the March meeting could be canceled. She stated that the calendar could be approved without the March meeting tonight. Commissioner Johnson referenced the May meeting and asked if the Commission could receive the packet earlier, given the holiday weekend prior to the meeting. Community Development Manager Sarah Madden noted that she would make a note of it, and the digital packet could be made available earlier, although the paper packet would still be delivered on the usual date. Commissioner Johnson asked if a similar request could be made for the December meeting packet. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO APPROVE THE 2026 PLANNING COMMISSION MEETING CALENDAR AS PRESENTED WITH THE EXCEPTION OF THE MARCH MEETING DATE. AYES: 6 NAYS: 0 Page 32 of 202 December 29, 2025 Mendota Heights Planning Commission Meeting Page 10 of 10 Staff Announcements / Updates Community Development Manager Sarah Madden provided updates on recent City Council actions on cases recommended by the Planning Commission. She stated that there are currently two applications that could come before the Commission at its January meeting. She noted additional items that will come before the Commission and City Council in the coming year. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER NATH, TO ADJOURN THE MEETING AT 8:45 P.M. AYES: 6 NAYS: 0 Page 33 of 202 6.g REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Approve the 2026-2027 Labor Agreement with Law Enforcement Labor Services, Inc. Local #76 ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator Cheryl Jacobson, City Administrator Kristen Schabacker, Finance Director ACTION REQUEST: Approve the 2026-2027 Labor Agreement with the Law Enforcement Labor Services (LELS) Union representing the city's police officer employees. BACKGROUND: Attached for review and consideration is the 2026-2027 labor agreement between the City of Mendota Heights and the Law Enforcement Labor Services (LELS). This union represents the city's Police Officers. City staff and LELS representatives have reached a tentative agreement on revisions to the 2026–2027 labor contract for the Police Officers' bargaining unit. All tentative agreements are subject to City Council approval. The proposed contract includes a 3.5% cost of living increase for wages effective January 1, 2026, consistent with the proposed cost of living adjustment for the city's non-union employees. The contract also includes an anticipated 3% wage increase effective January 1, 2027. The union has voted to approve the proposed agreement. Tentative Agreement Summary: This contract updates police officer compensation and benefits, including clarification of language related to canceled court appearances with limited notice, updates to insurance benefits to align with non-union employee changes, employee cost-sharing for Paid Family Page 34 of 202 and Medical Leave premiums, and clarification of standby status. Additionally, the contract revises the educational incentive allocation from a credit based criteria to correlating to an educational degree achieved. The contract also revises uniform allowance language to prorate allowances for new hires based on hire date and adds a monthly stipend for officers who demonstrate verified language proficiency. Proposed revisions to the contract articles are outlined below, with changes shown in red. Article 13 COURT TIME 13.1 An employee who is required to appear in Court during their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for the three (3) hour minimum. The employee qualifies for the time between court start and shift start, not to exceed three (3) hours. 13.2 An employee who is not notified of the cancellation of a scheduled court appearance at least 24 hours prior to the scheduled start of court shall receive a minimum of two and one- half (2-1/2) hours of pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court, which is then canceled with less than 24 hours' notice, does not qualify the employee for the two and one-half (2-1/2) hour minimum. The employee qualifies for the time between court start and shift start, not to exceed two and one-half (2-1/2) hours. ARTICLE 16 INSURANCE 16.1 The EMPLOYER will contribute up to a maximum of two thousand (2,000) dollars per month toward health, dental, long term disability, short term disability, and term life (up to $50,000) insurance for 2026. There will be a reopener for 2027 insurance language. If any City of Mendota Heights employee group is awarded a higher amount in 2026 the UNION MEMBERS shall receive the higher amount. 16.2 Employees will be responsible for 50% of the insurance premium charged for the Minnesota Paid Family Medical Leave program. The City will cover the remaining cost for the premium. Article 17 STANDBY 17.1 Employees required by the EMPLOYER to standby shall be paid for such standby at the rate of one hour pay for each hour on standby. An employee shall be considered to be in standby only if they are expressly directed to serve in such capacity by the Chief of Police or their designee. 17.2 Officers must clarify a specific date and time that they are required to show up for court or receive authorization for court standby from the Chief of Police or their designee. Article 18 UNIFORMS 18.1 The EMPLOYER shall provide the required uniforms and equipment items to newly hired officers. If equipment becomes damaged or destroyed during the performance of the Page 35 of 202 duties, the equipment will be replaced at the expense of the department. Soft body armor and carrier will continue to be replaced at the expense of the EMPLOYER. Each employee shall also receive one thousand and fifty ($1050) dollars per year with a max carryover to a balance not to exceed one thousand five hundred and seventy-five ($1575) dollars reimbursement for cleaning, maintenance, and approved purchase of uniforms and equipment. Reimbursement shall be upon presentation of receipts for purchases, cleaning, and maintenance services from any cleaners. The uniform allowance cannot be cashed out. 18.2 The Uniform allowance for new officers shall be prorated based on the hire date for the remainder of that year. New Section: Officers who demonstrate foreign language proficiency, including American Sign Language, to an objective standard as determined, identified, and maintained by the Employer, shall receive an additional $30 monthly. Officers will need to validate their language proficiency at least every 3 years to maintain this benefit. Contract Language: Certifications/Licenses are paid on a straight time basis. Monthly payments for certifications shall be as follows: Foreign Language Proficiency $30 Foreign Language Proficiency requires a validation by the employee at least once every three (3) years according to the standard as set by the EMPLOYER. Article 22 WAGE RATES COLA increase for 2026 of 3.5% general wage increase 2027 COLA – 3% with a ReopenerMarket Rate Assessment annually 2026 2027 Step 1 (0-6 months) $39.46 $40.64 Step 2 (6-12 months) $41.76 $43.01 Step 3 (12-24months) $45.15 $46.50 Step 4 (24-36 months) $48.40 $49.85 Step 5 (36-120 months) $51.68 $53.23 Step 6 (120 months+) $52.72 $54.30 FISCAL AND RESOURCE IMPACT: The wages negotiated as a part of this contract are consistent with the wage adjustments for other approved union contracts as well as the city's non-union compensation plan. The costs for these adjustments were included in the 2026 budget. ATTACHMENTS: Page 36 of 202 1. LELS 2026-2027 Draft Contract - CLEAN 12.31.2025 2. LELS 2026-2027 Draft Contract - Redline 12.31.2025 CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 37 of 202 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES INC. (Local #76) January 1, 2026 - December 31, 2027 Page 38 of 202 1 Table of Contents ARTICLE 1 PURPOSE OF AGREEMENT .........................................................................2 ARTICLE 2 RECOGNITION ...............................................................................................2 ARTICLE 3 DEFINITIONS ..................................................................................................2 ARTICLE 4 EMPLOYER SECURITY .................................................................................3 ARTICLE 5 EMPLOYER/AUTHORITY ...............................................................................4 ARTICLE 6 UNION SECURITY ..........................................................................................4 ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE ........................................4 ARTICLE 8 SAVINGS CLAUSE .........................................................................................7 ARTICLE 9 SENIORITY ......................................................................................................7 ARTICLE 10 DISCIPLINE ..................................................................................................8 ARTICLE 11 WORK SCHEDULES .....................................................................................9 ARTICLE 12 OVERTIME ....................................................................................................9 ARTICLE 13 COURT TIME ..............................................................................................10 ARTICLE 14 CALL BACK TIME .......................................................................................10 ARTICLE 15 WORKING OUT OF CLASSIFICATION ....................................................10 ARTICLE 16 INSURANCE ...............................................................................................10 ARTICLE 17 STANDBY ...................................................................................................11 ARTICLE 18 UNIFORMS .................................................................................................11 ARTICLE 19 INJURY ON DUTY ......................................................................................11 ARTICLE 20 INCENTIVES ..............................................................................................11 ARTICLE 21 WAIVER .......................................................................................................12 ARTICLE 22 WAGE RATES (HOURLY BASE RATE) ...................................................13 ARTICLE 23 VACATIONS ................................................................................................13 ARTICLE 24 HOLIDAYS ..................................................................................................13 ARTICLE 25 PERSONAL LEAVE/ ESST and EXTENDED DISABILITY PROTECTION SICK LEAVE ................................................................................................14 ARTICLE 26 FALSE ARREST INSURANCE ....................................................................15 ARTICLE 27 TRAINING ...................................................................................................15 ARTICLE 28 FIELD TRAINING OFFICER PAY ................................................................16 ARTICLE 29 DURATION ..................................................................................................16 Page 39 of 202 2 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2026 between the City of Mendota Heights, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc., hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT’s interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Chapter 179A for all police personnel in the following job classifications: •POLICE PATROL OFFICER •INVESTIGATOR •SCHOOL RESOURCE OFFICER 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. Page 40 of 202 3 3.4 DEPARTMENT: The Mendota Heights Police Department. 3.5 EMPLOYER: The City of Mendota Heights. 3.6 CHIEF: The Chief of the Mendota Heights Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE. 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee’s scheduled shift. 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 STRIKE:Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation of the rights, privileges or obligations of employment. ARTICLE 4 EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow-down, or other interpretation of or interference, with the normal functions of the EMPLOYER. ARTICLE 5 EMPLOYER/AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage the workforce, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial functions not specifically limited by this AGREEMENT. Page 41 of 202 4 5.2 Any term and condition of employment not specifically established or modified by the AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly union dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board or posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION STEWARDS The EMPLOYER will recognize STEWARDS designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this ARTICLE. The UNION shall notify the EMPLOYER in writing of the names of such UNION STEWARDS and of their successors when so designated as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION STEWARD shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION STEWARD have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Page 42 of 202 5 Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 - An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days following the EMPLOYER-designated representative's receipt of the Step 3 appeal. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 7.5 ARBITRATOR AUTHORITY The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing Page 43 of 202 6 or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION at each step. ARTICLE 8 SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Mendota Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree an appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9 SENIORITY 9.1 The City of Mendota Heights shall establish seniority lists for all permanent employees in the bargaining unit. Said lists shall be posted in appropriate locations. A seniority list shall be maintained by the EMPLOYER on the basis of total length of compensated employment by classification. All time served in a Sergeant classification or above shall count toward Police Officer seniority. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 Layoff shall be by classification in inverse order of classification seniority. Page 44 of 202 7 However, an employee about to be laid off shall have the right to bump (displace) any other employee in any equal or lower ranked classification with less classification seniority, provided that the employee who is exercising bumping rights shall be qualified to perform the duties of the classification into which they are bumping. 9.4 Senior employees will be given preference with regard to transfer, job classification, assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Shift bidding shall be posted annually. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each calendar year. ARTICLE 10 DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: • Oral reprimand • Written reprimand • Suspension • Demotion; or • Discharge 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an employee’s personnel files shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 Grievance relating to this ARTICLE shall be initiated by the UNION at Step 3 of the grievance procedure under ARTICLE 7. Page 45 of 202 8 ARTICLE 11 WORK SCHEDULES 11.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by employee through: •Hours worked on assigned shifts •Holidays •Assigned training •Authorized leave time 11.2 Holidays and authorized leave time are to be calculated on the basis of the actual length of time of the assigned shifts. 11.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 12 OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes under Article 12.2 be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen (15) minutes. 12.6 Employees have the obligation to work overtime or call back if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. 12.7 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The EMPLOYER may cash out an employee’s balance in excess of the 100 hours maximum. Page 46 of 202 9 12.8 An employee may cash out any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. ARTICLE 13 COURT TIME 13.1 An employee who is required to appear in Court during their scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for the three (3) hour minimum. The employee qualifies for the time between court start and shift start, not to exceed three (3) hours. 13.2 An employee who is not notified of the cancellation of a scheduled court appearance at least 24 hours prior to scheduled start of court shall receive a minimum of two and one-half (2-1/2) hours of pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court, which is then canceled with less than 24 hours' notice, does not qualify the employee for the two and one-half (2-1/2) hour minimum. The employee qualifies for the time between court start and shift start, not to exceed two and one-half (2-1/2) hours. ARTICLE 14 CALL BACK TIME An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two-and-one-half (2.5) hours pay at one and one-half (1- 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift does not qualify the employee for the two and one half (2.5) hour minimum. ARTICLE 15 WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 16 INSURANCE 16.1 The EMPLOYER will contribute up to a maximum of two thousand ($2,000) dollars per month toward health, dental, long term disability, short term disability, and term life (up to $50,000) insurance for 2026. There will be a reopener for 2027 insurance language. If any City of Mendota Heights employee group is awarded a higher amount in 2027 the UNION MEMBERS shall receive the higher amount. 16.2 Employees will be responsible for 50% of the insurance premium charged for the Page 47 of 202 10 Minnesota Paid Family Medical Leave program. The City will cover the remaining cost for the premium. ARTICLE 17 STANDBY 17.1 Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour pay for each hour on standby. An employee shall be considered to be in standby status only if he or she is expressly directed to serve in such capacity by the Chief of Police or their designee. 17.2 Officers must clarify a specific date and time that they are required to show up for court or receive authorization for court standby from the Chief of Police or their designee. ARTICLE 18 UNIFORMS 18.1 The EMPLOYER shall provide the required uniform and equipment to newly hired officers. If equipment becomes damaged or destroyed during the performance of the duties, the equipment will be replaced at the expense of the department. Soft body armor and carrier will be replaced at the expense of the EMPLOYER. Each employee shall also receive one thousand and fifty ($1,050) dollars per year with a max carryover balance not to exceed one thousand five hundred and seventy-five ($1,575) dollars reimbursement for cleaning, maintenance and approved purchase of uniforms and equipment. Reimbursement shall be upon presentation of receipts for purchases, cleaning, and maintenance services from any cleaners. The uniform allowance cannot be cashed out. 18.2 The uniform allowance for new officers shall be prorated based on the hire date for the remainder of that year. ARTICLE 19 INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Workers’ Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits. ARTICLE 20 INCENTIVES Effective July 1, 1975, the following terms and conditions are effective: 20.1 After four (4) years of continuous employment, each employee shall choose to be paid supplementary pay of three percent (3%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. Page 48 of 202 11 20.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of five percent (5%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of nine percent (9%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.6 Supplementary pay based on educational degree will be paid to employees after twelve (12) months of continuous employment at the rate of: Associate’s Degree 5% Bachelor’s Degree/ four-year degree 9% Master’s Degree 12% Employees who qualified for a 7% incentive from previous contracts will continue to receive that increment unless they earn a Bachelor’s degree at which time they will qualify for the 9% incentive. 20.7 Certifications/Licenses are paid on a straight time basis. Monthly payments for certifications shall be as follows: Foreign Language Proficiency $30 Foreign Language Proficiency requires a validation by the employee at least once every three (3) years according to the standard as set by the EMPLOYER. ARTICLE 21 WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even Page 49 of 202 12 though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 22 WAGE RATES (HOURLY BASE RATE) 22.1 Hourly Base Rate of Pay Police Officers 2026 2027 Step 1 (0-6 months) $39.46 $40.64 Step 2 (6-12 months) $41.76 $43.01 Step 3 (12-24months) $45.15 $46.50 Step 4 (24-36 months) $48.40 $49.85 Step 5 (36-120 months) $51.68 $53.23 Step 6 (120+ months) $52.72 $54.30 *If any City of Mendota Heights employee group receives more than a 3.00% cost of living adjustment for 2027 UNION MEMBERS shall receive the same percentage increase as the group receiving the highest increase. 22.2 An investigator shall receive supplemental pay in the amount of three hundred fifty-five ($355) per month in addition to the above rates. 22.3 A School Resource Officer shall receive supplemental pay in the amount of two hundred twenty-eight ($228) per month in addition to the above rates. ARTICLE 23 VACATIONS Time accrues according to the following schedule: 0-5 years of service 10 days per year 6-10 years of service 15 days per year Over 10 years of service One additional day per year, not to exceed 20 days. Accrued vacation shall be used in the year following the year which said time is earned. Employees may accrue vacation leave not to exceed a maximum of two hundred hours (200). No employee shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE 24 HOLIDAYS Each employee shall be granted a total of twelve (12) paid holidays. Holidays are: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Good Friday, Memorial Day, Independence Day, Juneteenth, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day. Effective January 1, 1994 holiday leave time will be accounted for in a Page 50 of 202 13 separate holiday leave bank and shall not accumulate from year to year. Any holiday leave time remaining in the employee holiday leave bank on December 31 shall be paid to the employee at their then current hourly rate. If an employee works on a legal holiday, the employee shall be granted 1/2 hour compensatory time for each hour worked, in addition to the holiday pay. Each employee shall be granted one floating holiday, with the provision that it must be used or scheduled to be used by November 1 during the current calendar year. The floating holiday is not eligible for carry-over or monetary compensation. ARTICLE 25 PERSONAL LEAVE/ ESST and EXTENDED DISABILITY PROTECTION SICK LEAVE 25.1 PERSONAL LEAVE Mendota Heights Personal Leave is the city’s designated leave bank for Earned Sick and Safe Time (ESST). Minnesota State Law requires that employers provide ESST that employees may use for mental or physical illness, injury or other health condition, for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition, preventative care, closure of the employee’s place of business due to weather or other public emergency, absence due to domestic abuse or assault, care of a family member or to provide care for a family member or other designated individual. Mendota Heights Personal Leave meets the requirements of ESST leave and will be designated as the city’s ESST leave bank. All Regular Full-Time Employees shall accrue personal leave at the rate of four (4) hours per month for a total of forty-eight (48) hours per year up to a maximum of three hundred and twenty (320) hours. Regular Part-Time Employees will receive a pro-rated amount of leave based on their average weekly hours compared with a forty (40) hour work week. Personal/ESST leave with prior approval of the supervisor shall be available for use without restriction. If used without prior approval from the supervisor for three or more days, the City may request reasonable documentation consistent with ESST statutory requirements. An employee shall not be allowed to use more than twenty (20) consecutive personal and vacation days, without prior approval of the City Administrator. Each December, any employee with an accrued Personal Leave/ESST balance in excess of three hundred and twenty (320) hours may convert the excess hours at the rate of 50% to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra credited, during a December payroll. Upon separation, regular employees shall be compensated for any unused Personal Leave/ESST balance up to the maximum of three hundred and twenty (320) hours. It is the intent of this leave to meet the state statutory requirements for Earned Sick and Safe Time. Each employee shall convert up to 20 hours per year of personal leave into a post Page 51 of 202 14 retirement health savings plan that the union as a whole agrees to participate in. 25.2 EXTENDED DISABILITY PROTECTION Beginning January 1, 1991, all permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of 640 hours. Extended disability protection is available for use on the first day of a personal illness, and thereafter, or anytime for a work-related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. ARTICLE 26 FALSE ARREST INSURANCE The City will provide a policy to cover the employee for false arrest cases. ARTICLE 27 TRAINING 27.1 The EMPLOYER shall be responsible for providing all training required by the P.O.S.T. Board to maintain a license as a Certified Police Officer, and shall pay employees for all time spent in such training at the applicable rate. 27.2 The EMPLOYER will allow employees to attend such other job-related training programs as may be mutually agreed upon by the EMPLOYER and individual employees. Employees scheduled to work during such a training session will be allowed time off without loss of pay for attendance and those attending during non-scheduled hours will be allowed compensatory time off at straight time for time spent in training. 27.3 The EMPLOYER shall reimburse employees for all reasonable costs incurred in obtaining training, including but not limited to, registration and license fees, mileage, and for sessions outside of the seven county Twin Cities metropolitan area, lodging and meals. 27.4 All training activities shall be given prior approval by the Police Chief. ARTICLE 28 FIELD TRAINING OFFICER PAY Page 52 of 202 15 The EMPLOYER shall compensate an EMPLOYEE assigned field training officer (FTO) duties for two additional hours per shift when engaged in these duties. The time earned shall be compensated at one and one-half (1-1/2) times the employee hourly base rate. ARTICLE 29 DURATION This AGREEMENT shall be effective as of January 1, 2026 and shall remain in full force and effect until the thirty-first day of December, 2027. FOR THE CITY OF MENDOTA HEIGHTS __________________________________ _________________________ Mayor Date __________________________________ _________________________ City Administrator Date __________________________________ _________________________ City Clerk Date FOR LAW ENFORCEMENT LABOR SERVICES, INC. __________________________________ _________________________ Business Agent Date __________________________________ _________________________ Steward Date __________________________________ _________________________ Steward Date Page 53 of 202 16 MEMORANDUM OF UNDERSTANDING between the CITY OF MENDOTA HEIGHTS and the LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #76 The following Memorandum of Understanding is made between the City of Mendota Heights and the Law Enforcement Labor Services Inc. Local #76 regarding the Post-Employment Healthcare Savings Plan Agreement put in place in 2003. Members of the Mendota Heights Police union have agreed to the following contribution schedule for their post retirement healthcare savings plan with Minnesota State Retirement System. All union members will contribute the following hours on November 1st of each year, beginning in November 2003: •Officers under 50 hours of personal leave will not participate. •Officers with 50 - 99 hours of personal leave will contribute 5 hours into the post retirement savings plan. •Officers with 100 - 149 hours of personal leave will contribute 10 hours in to the post retirement savings plan. •Officers with 150 - 199 hours of personal leave will contribute 15 hours into the post retirement savings plan. •Officers with 200+ hours of personal leave will contribute 20 hours into the post retirement savings plan. We understand changes can be made to the above plan in order to better serve the members of the Mendota Heights Police union within reason. The City of Mendota Heights is in agreement with the above plan per the contract effective January 1, 2026 through December 31, 2027. Page 54 of 202 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES INC. ({Local #76) January 1, 20264 - December 31, 20252027 Page 55 of 202 1 Table of Contents ARTICLE 1 PURPOSE OF AGREEMENT 2 ARTICLE 2 RECOGNITION 2 ARTICLE 3 DEFINITIONS 2 ARTICLE 4 EMPLOYER SECURITY 3 ARTICLE 5 EMPLOYER AUTHORITY 4 ARTICLE 6 UNION SECURITY 4 ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 4 ARTICLE S SAVINGS CLAUSE 7 ARTICLE 9 SENIORITY 7 ARTICLE 10 DISCIPLINE 8 ARTICLE 11 WORK SCHEDULES 9 ARTICLE 12 OVERTIME 9 ARTICLE 13 COURT TIME 1 0 ARTICLE 14 CALL BACK TIME 1 0 ARTICLE 15 WORKING OUT OF CLASSIFICATION 1 0 ARTICLE 16 INSURANCE 1 0 ARTICLE 17 STANDBY 1 1 ARTICLE 18 UNIFORMS 1 1 ARTICLE 19 INJURY ON DUTY 1 1 ARTICLE 20 LONGEVITY AND EDUCATIONAL INCENTIVE 1 1 ARTICLE 21 WAIVER 1 2 ARTICLE 22 WAGE RATES (MONTHLY BASE RATE) 1 3 ARTICLE 23 VACATIONS 1 3 ARTICLE 24 HOLIDAYS 1 4 ARTICLE PERSONAL LEAVE/EXTENDED Page 56 of 202 2 25 DISABILITY PROTECTION SICK LEAVE 14 ARTICLE 26 FALSE ARREST INSURANCE 1 5 ARTICLE 27 TRAINING 1 5 ARTICLE 28 FIELD OFFICER TRAINING PAY 1 6 ARTICLE 29 DURATION 1 6 ARTICLE 1 PURPOSE OF AGREEMENT .........................................................................2 ARTICLE 2 RECOGNITION ...............................................................................................2 ARTICLE 3 DEFINITIONS ..................................................................................................2 ARTICLE 4 EMPLOYER SECURITY .................................................................................3 ARTICLE 5 EMPLOYER/AUTHORITY ...............................................................................4 ARTICLE 6 UNION SECURITY ..........................................................................................4 ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE ........................................4 ARTICLE 8 SAVINGS CLAUSE .........................................................................................7 ARTICLE 9 SENIORITY ......................................................................................................7 ARTICLE 10 DISCIPLINE ..................................................................................................8 ARTICLE 11 WORK SCHEDULES .....................................................................................9 ARTICLE 12 OVERTIME ....................................................................................................9 ARTICLE 13 COURT TIME ..............................................................................................10 ARTICLE 14 CALL BACK TIME .......................................................................................10 ARTICLE 15 WORKING OUT OF CLASSIFICATION ....................................................10 ARTICLE 16 INSURANCE ...............................................................................................10 ARTICLE 17 STANDBY ...................................................................................................11 ARTICLE 18 UNIFORMS .................................................................................................11 ARTICLE 19 INJURY ON DUTY ......................................................................................11 ARTICLE 20 INCENTIVES ..............................................................................................11 ARTICLE 21 WAIVER .......................................................................................................12 ARTICLE 22 WAGE RATES (HOURLY BASE RATE) ...................................................13 ARTICLE 23 VACATIONS ................................................................................................13 ARTICLE 24 HOLIDAYS ..................................................................................................13 ARTICLE 25 PERSONAL LEAVE/ ESST and EXTENDED DISABILITY PROTECTION SICK LEAVE ................................................................................................14 ARTICLE 26 FALSE ARREST INSURANCE ....................................................................15 ARTICLE 27 TRAINING ...................................................................................................15 Page 57 of 202 3 ARTICLE 28 FIELD TRAINING OFFICER PAY ................................................................16 ARTICLE 29 DURATION ..................................................................................................16 ARTICLE 1 PURPOSE OF AGREEMENT .........................................................................2 ARTICLE 2 RECOGNITION ...............................................................................................2 ARTICLE 3 DEFINITIONS ..................................................................................................2 ARTICLE 4 EMPLOYER SECURITY .................................................................................3 ARTICLE 5 EMPLOYER/AUTHORITY ...............................................................................4 ARTICLE 6 UNION SECURITY ..........................................................................................4 ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE ........................................4 ARTICLE 8 SAVINGS CLAUSE .........................................................................................7 ARTICLE 9 SENIORITY ......................................................................................................7 ARTICLE 10 DISCIPLINE ..................................................................................................8 ARTICLE 11 WORK SCHEDULES .....................................................................................9 ARTICLE 12 OVERTIME ....................................................................................................9 ARTICLE 13 COURT TIME ...............................................................................................10 ARTICLE 14 CALL BACK TIME .......................................................................................10 ARTICLE 15 WORKING OUT OF CLASSIFICATION ....................................................10 ARTICLE 16 INSURANCE ...............................................................................................11 ARTICLE 17 STANDBY ...................................................................................................11 ARTICLE 18 UNIFORMS .................................................................................................11 ARTICLE 19 INJURY ON DUTY ......................................................................................11 ARTICLE 20 LONGEVITY AND EDUCATIONAL INCENTIVE .....................................12 ARTICLE 21 WAIVER .......................................................................................................12 ARTICLE 22 WAGE RATES (HOURLY BASE RATE) .......................................................13 ARTICLE 23 VACATIONS ................................................................................................13 ARTICLE 24 HOLIDAYS .......................................................................................................13 ARTICLE 25 PERSONAL LEAVE/EXTENDED DISABILITY PROTECTION SICK LEAVE .14 ARTICLE 26 FALSE ARREST INSURANCE ....................................................................15 ARTICLE 27 TRAINING ...................................................................................................15 ARTICLE 28 FIELD TRAINING OFFICER PAY ................................................................16 ARTICLE 29 DURATION ..................................................................................................16 between the .........................................................................................................................17 and the ..................................................................................................................................17 Page 58 of 202 4 MASTER LABOR AGREEMENT CITY OF MENDOTA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 20246 between the City of Mendota Heights, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc., hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT’s interpretation and/or application; and 1.2 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2 RECOGNITION 2.1 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Chapter 179A for all police personnel in the following job classifications: • POLICE PATROL OFFICER • INVESTIGATOR • SCHOOL RESOURCE OFFICER 2.2 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. 3.3 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. Page 59 of 202 5 3.4 3.4 DEPARTMENT: The Mendota Heights Police Department. 3.5 3.5 EMPLOYER: The City of Mendota Heights. 3.6 3.6 CHIEF: The Chief of the Mendota Heights Police Department. 3.7 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE. 3.9 3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee’s scheduled shift. 3.10 3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation of the rights, privileges or obligations of employment. ARTICLE 4 EMPLOYER SECURITY 4.1 4.1 The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow-down, or other interpretation of or interference, with the normal functions of the EMPLOYER. Page 60 of 202 6 ARTICLE 5 EMPLOYER/AUTHORITY 5.1 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage the workforce, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial functions not specifically limited by this AGREEMENT. 5.2 5.2 Any term and condition of employment not specifically established or modified by the AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6 UNION SECURITY 6.1 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION union dues. Such monies shall be remitted as directed by the UNION. 6.2 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position orf steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.3 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 EMPLOYEE RIGHTS GRIEVANCE PROCEDURE 7.1 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION STEWARDS Page 61 of 202 7 The EMPLOYER will recognize STEWARDS designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this ARTICLE. The UNION shall notify the Page 62 of 202 8 EMPLOYER in writing of the names of such UNION STEWARDS and of their successors when so designated as provided by Section 6.2 of this AGREEMENT. 7.3 7.2 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION STEWARD shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION STEWARD have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.3 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 - An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2 - If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within Page 63 of 202 9 ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3 - If appealed, the written grievance shall be presented by tlie the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER- designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days following the EMPLOYER-designated representative's receipt of the Step 3 appeal. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4 - A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the Rules Governing the Arbitration of Grievances as established by the Bureau of Mediation Services. 7.4 7.5 ARBITRATOR AUTHORITY A.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B.The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be is later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C.The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensation compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a Page 64 of 202 10 record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.5 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION at each step. ARTICLE 8 SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Mendota Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree or an appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9 SENIORITY 9.1 9.1 The City of Mendota Heights shall establish seniority lists for all permanent employees in the bargaining unit. Said lists shall be posted in appropriate locations. A seniority list shall be maintained by the Employer EMPLOYER on the basis of total length of compensated employment by classification. All time served in a Sergeant classification or above shall count toward Police Officer seniority. 9.2 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be replaced in his their previous position at the sole discretion of the EMPLOYER. 9.3 9.3 Layoff shall be by classification in inverse order of classification seniority. However, an employee about to be laid off shall have the right to bump (displace) any other employee in any equal or lower ranked classification with less classification seniority, provided that the employee who is Page 65 of 202 11 exercising bumping rights shall be qualified to perform the duties of the classification into which he/shethey are is bumping. 9.4 9.4 Senior employees will be given preference with regard to transfer, job classification, assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. Shift bidding shall be posted annually. 9.5 9.6 9.6 One continuous vacation period shall be selected on the basis of seniority until March 15th of each calendar year. ARTICLE 10 DISCIPLINE 10.1 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a.• Oral reprimand b.• Written reprimand c.• Suspension d.• Demotion; or e.• Discharge 10.2 10.2 Suspensions, demotions and discharges will be in written form. 10.3 10.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an employee’s personnel files shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.6 10.6 Grievance relating to this ARTICLE shall be initiated by the UNION at Step 3 of the grievance procedure under ARTICLE VII7. Page 66 of 202 12 ARTICLE 11 WORK SCHEDULES 11.1 11.1 The normal work year is two thousand and eighty hours (2080) to be accounted for by employee through: a.• Hours worked on assigned shifts b.• Holidays. c.• Assigned training. d.• Authorized leave time. 11.2 11.2 Holidays and authorized leave time are to be calculated on the basis of the actual length of time of the assigned shifts. 11.3 11.3 Nothing contained in this or any other aArticle shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 12 OVERTIME 12.1 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 12.2 12.2 Overtime will be distributed as equally as practicable. 12.3 12.3 Overtime refused by employees will for record purposes under Aarticle 12.2 be considered as unpaid overtime worked. 12.4 12.4 For the purpose of computing overtime compensation, overtime hours shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 12.5 Overtime will be calculated to the nearest fifteen (15) minutes. 12.6 12.6 Employees have the obligation to work overtime or call back if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working.. 12.7 An employee may choose to receive compensatory time as compensation for overtime hours at the rate of 1.5 hours for each hour worked. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The EMPLOYER may cash out an employee’s balance in excess of the 100 hours maximum. 12.7 An employee may choose to receive compensatory time as compensation Page 67 of 202 13 for overtime hours at the rate of 1.5 hours for each hour worked. The maximum allowable balance of such hours carried into the next calendar year shall be one hundred (100) hours. The EMPLOYER may cash out an employee balance in excess of the 100 hours maximum. Page 68 of 202 14 12.8 12.8 An employee may cash out any portion of their compensatory time balance the second pay period in May and November if requested in writing with the submission of the employee time sheet. ARTICLE 13 COURT TIME 13.1 13.1 An employee who is required to appear in Court during their scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one half (1- 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearances does not qualify the employee for the three (3) hour minimum. The employee qualifies for the time between court start and shift start, not to exceed three (3) hours. 13.2 13.2 An employee who is not notified of the cancellation of a scheduled court appearance at least 24 hours prior to scheduled start of court shall receive a minimum of two and one-half (2-1/2) hours of pay at one and one-half (1- 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court, which is then canceled with less than 24 hours' notice, does not qualify the employee for the two and one-half (2-1/2) hour minimum. The employee qualifies for the time between court start and shift start, not to exceed two and one-half (2-1/2) hours. ARTICLE 14 CALL BACK TIME An employee who is called to duty during his their scheduled off-duty time shall receive a minimum of two- and-d one- half (2.5) hours pay at one and one-half (1- 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift does not qualify the employee for the two and one half (2.5) hour minimum. ARTICLE 15 WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 16 INSURANCE 16.1 The EMPLOYER will contribute up to a maximum of one thousand nine hundred and five dollars ($1,905)two thousand ($2,000) dollars per month toward health, dental, long term disability, short term disability, and term life (up to $50,000) insurance for 20264. There will be a reopener for 20257 insurance language. If any City of Mendota Heights employee group is awarded a higher amount in 2024 2027 the UNION MEMBERS shall receive the higher amount. Page 69 of 202 15 16.2 Employees will be responsible for 50% of the insurance premium charged for the Minnesota Paid Family Medical Leave program. The City will cover the remaining cost for the premium. Page 70 of 202 16 ARTICLE 17 STANDBY 17.1 Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour pay for each hour on standby. An employee shall be considered to be in standby status only if he or she is expressly directed to serve in such capacity by the Chief of Police or their designee. 17.2 Officers must clarify a specific date and time that they are required to show up for court or receive authorization for court standby from the Chief of Police or their designee. ARTICLE 18 UNIFORMS 18.1 The EMPLOYER shall provide the required uniform and equipment itemsto newly hired officers. If equipment becomes damaged or destroyed during the performance of the duties, the equipment will be replaced at the expense of the department. Soft body armor and carrier will continue to be replaced at the expense of the EmployerEMPLOYER. Each employee shall also receive one thousand and fifty ($1,00050) dollars per year with a max carryover to a balance not to exceed fifteen hundreone thousand five hundred and seventy-five d ($1,50750) dollars reimbursement for cleaning, maintenance and approved purchase of uniforms and equipment. Reimbursement shall be upon presentation of receipts for purchases, cleaning, and maintenance services from any cleaners. The uniform allowance cannot be cashed out. 18.2 The uniform allowance for new officers shall be prorated based on the hire date for the remainder of that year. ARTICLE 19 INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Workers’ Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits. ARTICLE 20 LONGEVITY AND EDUCATIONAL INCENTIVES Effective July 1, 1975, the following terms and conditions are effective: 20.1 After four (4) years of continuous employment, each employee shall choose to be paid supplementary pay of three percent (3%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. Page 71 of 202 17 20.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of five percent (5%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.2 20.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of seven percent (7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.4 After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of nine percent (9%) of the employee's base rate or supplementary pay based on educational credits as outlined in 20.6 of this ARTICLE. 20.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 20.5 20.6 Supplementary pay based on educational degree will be paid to employees after twelve (12) months of continuous employment at the rate of: Associate’s Degree 5% Bachelor’s Degree/ four-year degree 9% Master’s Degree 12% Employees who qualified for a 7% incentive from previous contracts will continue to receive that increment unless they earn a Bachelor’s degree at which time they will qualify for the 9% incentive. 20.7 Certifications/Licenses are paid on a straight time basis. Monthly payments for certifications shall be as follows: Foreign Language Proficiency $30 Foreign Language Proficiency requires a validation by the employee at least once every three (3) years according to the standard as set by the EMPLOYER. 20.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of: Education Credits Percentage Pay Terms of college quarter credits Increment. 45-89 3% 90-134 5% 135-179 7% 180 plus or a four year degree 9% Master Degree 12% Not all courses are to be eligible for credit, prior to obtaining a four-year degree. Courses receiving qualifying credits prior to obtaining a four-year Page 72 of 202 18 degree must be job related. Job related courses, plus those formally required to enter such courses shall be counted. The EMPLOYER shall determine which courses are job related. All courses taken toward a degree shall apply once a four-year degree from an accredited college is obtained. C.E.U. (Continuing Education Units) in job related seminars, short courses, institutes, etc. shall not apply toward educational incentive unless they have been converted to college credits and applied toward a degree through an accredited college. ARTICLE 21 WAIVER 21.1 Any and all prior aagreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this agreement. The EMPLOYER and the UNION each voluntarily and unqualifiedly waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 22 WAGE RATES (HOURLY BASE RATE) 22.1 22.1 Hourly Base Rate of Pay Police Officers 20242026 20252027 Step 1 (0-6 months) $39.46 $37.02 $40.64 $38.13 Step 2 (6-12 months) $41.76 $39.17 $43.01 $40.35 Step 3 (12-24months) $45.15 $42.35 $46.50 $43.62 Step 4 (24-36 months) $48.40 $45.40 $49.85 $46.76 Step 5 (36-120 months) $51.68 $48.48 $53.23 $49.93 Step 6 (120+ months) $52.72 $49.46 $54.30 $50.94 Page 73 of 202 19 *If any City of Mendota Heights employee group receives more than a 3.00% cost of living adjustment for 20274 or 2025, UNION MEMBERS shall receive the same percentage increase as the group receiving the highest increase. If any City of Mendota Heights employee group receives a market wage adjustment during 2024 or 2025, UNION MEMBERS shall receive the same percentage increase. 22.2 22.2 An investigator shall receive supplemental pay in the amount of three hundred fortyfifty-five ($355) per month in addition to the above rates. 22.3 22.3 A School Resource Officer shall receive supplemental pay in the amount of two hundred twenty- eight ($228) per month in addition to the above rates. ARTICLE 23 VACATIONS Time accrues according to the following schedule: 0-5 years of service 10 days per year 6-10O years of service 15 days per year Over 10 years of service One additional day per year, not to exceed 20 days. Accrued vacation shall be used in the year following the year which said time is earned. Employees may accrue vacation leave not to exceed a maximum of two hundred hours (200). No employees shall be permitted to waive vacation for the purpose of receiving double pay. ARTICLE 24 HOLIDAYS Each employee shall be granted a total of twelve (12) paid holidays. Holidays are: New Year's Day, Martin Luther King Jr. Day, President's’ Day, Good Friday, Memorial Day, Independence Day, Juneteenth, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day. Effective January 1, 1994 holiday leave time will be accounted for in a separate holiday leave bank and shall not accumulate from year to year. Any holiday leave time remaining in the employee holiday leave bank on December 31 shall be paid to the employee at their then current hourly rate. If an employee works on a legal holiday, the employee shall be granted 1/2 hour compensatory time for each hour worked, in addition to the holiday pay. Each employee shall be granted one floating holiday, with the provision that it must be used or scheduled to be used by November 1 during the current calendar year. The floating holiday is not eligible for carry-over or monetary compensation. ARTICLE 25 PERSONAL LEAVE/ ESST and EXTENDED DISABILITY PROTECTION SICK LEAVE Page 74 of 202 20 25.1 PERSONAL LEAVE : Mendota Heights Personal Leave is the city’s designated leave bank for Earned Sick and Safe Time (ESST). Minnesota State Law requires that employers provide ESST that employees may use for mental or physical illness, injury or other health condition, for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition, preventative care, closure of the employee’s place of business due to weather or other public emergency, absence due to domestic abuse or assault, care of a family member or to provide care for a family member or other designated individual. Mendota Heights Personal Leave meets the requirements of ESST leave and will be designated as the city’s ESST leave bank. All Regular Full-Time Employees shall accrue personal leave at the rate of four (4) hours per month for a total of forty-eight (48) hours per year up to a maximum of three hundred and twenty (320) hours. Regular Part-Time Employees will receive a pro-rated amount of leave based on their average weekly hours compared with a forty (40) hour work week. Personal/ESST leave with prior approval of the supervisor shall be available for use without restriction. If used without prior approval from the supervisor for three or more days, the Ccity may request reasonable documentation consistent with ESST statutory requirements. An employee shall not be allowed to use more than twenty (20) consecutive personal and vacation days, without prior approval of the City Administrator. Each December, any employee with an accrued Personal Leave/ESST balance in excess of three hundred and twenty (320) hours may convert the excess hours at the rate of 50% to either additional cash compensation, or additional vacation time. The compensation will be made, or the extra credited, during a December payroll. Upon separation, regular employees shall be compensated for any unused Personal Leave/ESST balance up to the maximum of three hundred and twenty (320) hours. It is the intent of this leave to meet the state statutory requirements for Earned Sick and Safe Time. Each employee shall convert up to 20 hours per year of personal leave into a post retirement health savings plan that the union as a whole agrees to participate in. Upon separation, employees will be compensated for any unused Personal Leave balance. 25.2 EXTENDED DISABILITY PROTECTION : Beginning January 1, 1991, all permanent full-time employees shall accrue extended disability leave at the rate of four (4) hours per month, to a cumulative maximum of 640 hours. Extended disability Page 75 of 202 21 protection is available for use on the first day of a personal illness, and thereafter, or anytime for a work-related illness or injury. Employees are to keep their supervisor informed of their condition. The supervisor may require a letter or report from the attending physician. Claiming extended disability leave when physically fit may be cause for disciplinary action, including transfer, demotion, suspension or dismissal. In cases of extreme emergency involving employees with a record of meritorious service, who through serious or protracted illness have used up all accumulated personal leave, extended disability leave, vacation leave and compensatory time off, an extension of extended disability leave beyond the maximum provided in this resolution may be granted by the City Council. The resultant deficit will be repaid promptly through application of future personal and extended disability leave accruals. ARTICLE 26 FALSE ARREST INSURANCE The City will provide a policy to cover the employee for false arrest cases. ARTICLE 27 TRAINING 27.1 27.1 The EMPLOYER shall be responsible for providing all training required by the P.O.S.T. Board to maintain a license as a Certified Police Officer, and shall pay employees for all time spent in such training at the applicable rate. 27.2 27.2 The EMPLOYER will allow employees to attend such other job-related training programs as may be mutually agreed upon by the EMPLOYER and individual employees. Employees scheduled to work during such a Page 76 of 202 22 training session will be allowed time off without loss of pay for attendance and those attending during non-scheduled hours will be allowed compensatory time off at straight time for time spent in training. 27.3 The EMPLOYER shall reimburse employees for all reasonable costs incurred in obtaining training, including but not limited to, registration and license fees, mileage, and for sessions outside of the seven county Twin Cities metropolitan area, lodging and meals. 27.4 All training activities shall be given prior approval by the Police Chief. ARTICLE 28 FIELD TRAINING OFFICER PAY The EMPLOYER shall compensate an EMPLOYEE assigned field training officer (FTO) duties for two additional hours per shift when engaged in these duties. The time earned shall be compensated at one and one-half (1-1/2) times the employee hourly base rate. ARTICLE 29 DURATION This AGREEMENT shall be effective as of January 1, 20264 and shall remain in full force and effect until the thirty-first day of December, 20257. FOR THE CITY OF MENDOTA HEIGHTS __________________________________ _________________________ Mayor Date __________________________________ _________________________ City Administrator Date __________________________________ _________________________ City Clerk Date FOR LAW ENFORCEMENT LABOR SERVICES, INC. __________________________________ _________________________ Business Agent Date __________________________________ _________________________ Steward Date __________________________________ _________________________ Steward Date Page 77 of 202 23 Page 78 of 202 This page is intentionally left blank 24 MEMORANDUM OF UNDERSTANDING between the CITY OF MENDOTA HEIGHTS and the LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL #76 The following Memorandum of Understanding is made between the City of Mendota Heights and the Law Enforcement Labor Services Inc. Local #76 regarding the Post-Retirement Employement Healthcare Savings Plan Agreement put in place in 2003. Members of the Mendota Heights Police union have agreed to the following contribution schedule for their post retirement healthcare savings plan with Minnesota State Retirement System. All union members will contribute the following hours on November pt 1st of each year, beginning in November 2003: ••Officers under 50 hours of personal leave will not participate. •Officers with 50 - 99 hours of personal leave will contribute 5 hours into the post retirement savings plan. • Officers with 100 - 149 hours of personal leave will contribute 10 hours in to the post retirement savings plan. • ••Officers with 150 - 199 hours of personal leave will contribute 15 hours into the post retirement savings plan. ••Officers with 200+ hours of personal leave will contribute 20 hours into the post retirement savings plan. We understand changes can be made to the above plan in order to better serve the members of the Mendota Heights Police union within reason. The City of Mendota Heights is in agreement with the above plan per the contract effective January 1, 20264 through December 31, 20275. Page 79 of 202 6.h REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Accept Notice of Retirement and Authorize Utility Billing Clerk Position Recruitment ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator Kristen Schabacker, Finance Director ACTION REQUEST: Accept the notice of retirement from Sharon Hinze, Utility Billing Clerk, and authorize staff to begin the recruitment process to fill the position. BACKGROUND: Sharon Hinze, the city’s Utility Billing Clerk, has announced her retirement effective April 30, 2026. Ms. Hinze has served the City of Mendota Heights for 20 years, providing premier customer service in her roles as both a Front Desk Office Support Assistant and, most recently, as the Utility Billing Clerk. Staff propose beginning recruitment for the position with an internal posting. If an internal candidate is not selected, staff will proceed with an external posting. Internal postings support opportunities for existing employees to pursue promotional and career advancement opportunities within the City. Staff also propose renaming the position from Utility Billing Clerk to Accounting Clerk to better reflect the breadth of duties performed as part of the finance team. FISCAL AND RESOURCE IMPACT: This is a budgeted position for the 2026 budget. This position is non-exempt, is classified as pay grade 6 with a salary range from $66,787 to $82,098 according to the 2026 non-union compensation matrix. ATTACHMENTS: None CITY COUNCIL PRIORITY: Page 80 of 202 Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 81 of 202 6.i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Accept the Resignation of Police Officer Donovan Barr from the Mendota Heights Police Department ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator Kelly McCarthy, Police Chief ACTION REQUEST: Accept the resignation of Donovan Barr from the Mendota Heights Police Department. BACKGROUND: Donovan Barr, a Mendota Heights Police Officer, has submitted his resignation effective February 10, 2026. Donovan Barr has served the city as a police officer since 2023 and has been a valued member of the Department. FISCAL AND RESOURCE IMPACT: Previously, the City Council authorized the hire of an additional police officer position to leverage available grant dollars for the city's cadet program. This brought on one additional staff member beyond what was included in the police department budget. The cadet onboarding process was successful as the candidate has completed the program and is currently serving as a Mendota Heights Police Officer. With the departure of Officer Barr from the Mendota Heights Police department, the number of sworn police officers will return to the budgeted number and the city will not recruit for a replacement officer at this time. ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 82 of 202 This page is intentionally left blank 6.j REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Approve Hire for Public Works Maintenance Worker ITEM TYPE: Consent Item DEPARTMENT: Administration CONTACT: Kelly Torkelson, Assistant City Administrator John Boland, Public Works Superintendent ACTION REQUEST: Approve the hire of Dylan Erickson as a Public Works Maintenance Worker at a rate of $31.26 per hour per the 2026-2027 Teamsters Union contract. BACKGROUND: The City conducted a robust hiring process including two rounds of interviews for the Public Works Maintenance Worker position. The new Public Works Maintenance Worker employee will join the parks maintenance team in Public Works. Staff selected Dylan Erickson to recommend to City Council for the position. Dylan has previously worked for the City of West St. Paul as a seasonal public works employee. Staff are confident that Dylan will make a great addition to the public works team. FISCAL AND RESOURCE IMPACT: The 2026-2027 Teamsters union contract stipulates that step 1 of the pay scale for public works maintenance workers is $31.26 per hour. This is a budgeted position in the 2026 budget. ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 83 of 202 This page is intentionally left blank 6.k REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Acknowledge the November and December 2025 Fire Synopses ITEM TYPE: Consent Item DEPARTMENT: Fire CONTACT: Dan Johnson, Fire Chief ACTION REQUEST: Acknowledge the November and December 2025 Fire Synopses. BACKGROUND: The Fire Synopses are for your information. FISCAL AND RESOURCE IMPACT: None. ATTACHMENTS: 1.November Synopsis 2.December Synopsis CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 84 of 202 November 2025 Fire Synopsis Fire Calls: 34 For November 2025, the Mendota Heights Fire Department paged for service a total of 34 times. Mendota Heights 24 calls Lilydale 2 calls Mendota 1 calls Sunfish Lake 1 calls Other 6 calls Total 34 calls Types of calls: Fire: 2- November 2025 found the department being paged out for two “vehicle” fires/ One was for a fully involved vehicle fire and the other was for a scooter that was powered by lithium ion batteries which had been in thermal runaway. Medical/Extrication: 6- There were 6 calls that were EMS medical calls. Hazardous Situations: 8- The fire department responded to investigate one smoking electric vehicle. One call for arcing (and later a fallen) Xcel powerline. A significant fuel spill from a vehicle at a gas station. One cut gas line as well as 2 CO calls and on a natural gas investigation. Lastly, the department was requested to assist Xcel for a gas leak that was causing gas to be detected in other underground utilities. False Alarms/System Malfunctions: 8- Of the 8 calls for false alarms: 4 were deemed unintentional trips, 2 were coded for malfunctions, one was due to a low battery and one was due to homeowner testing the alarm. Service Calls: 1- One request to evaluate an EMS situation. Good Intent: 2- 2 CO calls came in but, upon investigation, no CO was found to be present. Dispatched and Cancelled En route: 1- Three calla were cancelled before the fire departments arrival on scene for the month. Mutual/Auto-Aid Other: 6- MHFD was requested for mutual/auto aid in West Saint Paul to assist at an apartment building fire, in addition, Inver Grove Heights requested mutual/auto aid 4 different times in November (each time for our water tender) and Rosemount had a mutual/auto aid request for our water tender as well. Page 85 of 202 November Trainings Sat, Nov 1, 08:00 Company Operations Practice a multi apparatus response as if to a defensive structure fire. Crews stretched a horizontal standpipe to reach a target a large distance from the engine, practiced pulling a cross lay to protect an exposure, and practiced apparatus placement and radio communications. Wed, Nov 5, 18:30 Company Operations Option 2 Practice a multi apparatus response as if to a defensive structure fire. Crews stretched a horizontal standpipe to reach a target a large distance from the engine, practiced pulling a cross lay to protect an exposure, and practiced apparatus placement and radio communications. Mon, Nov 10, 18:30 Alarms/Elevators/Pre-plans Mandatory Option 1 Firefighters became familiar with the features and functionality of First Due software as used on the engine computers and phone apps, and learned how to located pre planned items at a multi family structure. Crews also conducted pre incident planning at a senior multi-family building and practiced elevator rescue operations. Thurs, Nov 13, 18:30 Alarms/Elevators/Pre-plans Mandatory Option 2 Firefighters became familiar with the features and functionality of First Due software as used on the engine computers and phone apps, and learned how to located pre planned items at a multi family structure. Crews also conducted pre incident planning at a senior multi-family building and practiced elevator rescue operations. Thrus, Nov 18, 07:00 Tabletop Scenarios Option 2 Practice decision making and radio communications for a multi unit response to a structure fire, rotating roles and addressing several different scenarios. Thurs, Nov 19, 18:30 Alarms/Elevators/Pre-plans Mandatory Option 3 Firefighters became familiar with the features and functionality of First Due software as used on the engine computers and phone apps, and learned how to located pre planned items at a multi family structure. Crews also conducted pre incident planning at a senior multi-family building and practiced elevator rescue operations. Page 86 of 202 Number of Calls 34 Total Calls for Year 347 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $926,100 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH 2 $18,100 $28,100 Vehicle - Contract Areas $75,000 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $18,100 $0 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 4 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$18,100 Medical, other 2 HAZARDOUS SITUATION $926,100 Spills/Leaks 4 Carbon Monoxide Incident 2 $28,100 Power line down Arcing, shorting 2 $931,100 Hazardous, Other SERVICE CALL Smoke or odor removal $75,000 Assist Police or other agency Service Call, other 1 GOOD INTENT Good Intent Dispatched & Cancelled 1 Current To Date Last Year Smoke Scare 24 272 262 HazMat release investigation 2 2 21 20 Good Intent, Other 1 12 11 FALSE ALARMS 1 21 21 False Alarm 1 6 39 34 Malfunction 2 Unintentional 5 Total:34 365 348 False Alarm, other MUTUAL AID 6 FIRE MARSHAL'S TIME FOR MONTH Total Calls 34 Inspections Investigations WORK PERFORMED Hours To Date Last Year Re-Inspection Fire Calls 511.5 4401.5 4330 Meetings 10.5 415.1 603.75 Meetings Training 389.3 3580.3 3974 Special Activity 7 841.6 823.3 Administration Fire Marshal 0 0 Plan Review/Training TOTALS 918.3 9238.5 9731.05 TOTAL:0 Lilydale Mendota Sunfish Lake Mutual Aid MENDOTA HEIGHTS FIRE DEPARTMENT NOVEMBER 2025 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date Page 87 of 202 December 2025 Fire Synopsis Fire Calls: 27 For December 2025, the Mendota Heights Fire Department paged for service a total of 27 times. Mendota Heights 21 calls Lilydale 1 calls Mendota 0 calls Sunfish Lake 2 calls Other 3 calls Total 27 calls Types of calls: Fire: 1- The department responded to smell of smoke in a building (apartment building) that was later upgraded to a structure fire when burning above the unit was discovered. Medical/Extrication: 5- Five calls were medical in nature during the month of December Hazardous Situations: 3- The fire department responded to 2 CO (carbon monoxide) calls where, upon addition testing, CO was confirmed. The department was also dispatched for 1 call for lines down. False Alarms/System Malfunctions: 12- Of the 12 false alarms that the department was dispatched for: Alarms due to system malfunction - 4 , Alarms due to an unintentional transmission of alarm - 6, and 1 alarm that was thought to be a CO alarm but was, in fact a water alarm in a laundry area and one false alarm coded as other.. Dispatched and Cancelled En route: 3- There were 3 calls in December that were cancelled before our arrival. Mutual/Auto-Aid Other: 3- MHFD was requested for mutual/auto aid once to Eagan, once to West St Paul and once to South St Paul. Page 88 of 202 December Trainings Sat, Dec 6, 08:00 School Preplan and Walkthrough Study a pre plan for a local school then walk the building, locating all pertinent items and discussing proper response in the building for various types of emergencies. Mon, Dec 8, 18:30 School Preplan and Walkthrough Option 2 Study a pre plan for a local school then walk the building, locating all pertinent items and discussing proper response in the building for various types of emergencies. Thur, Dec 11, 07:00 Tabletop Scenarios Practice decision making and radio communications for a multi unit response to a structure fire, rotating roles and addressing several different scenarios. Tue, Dec 16, 07:00 Make Up/Wild Card Make up training; topics will vary depending on which topics need to be made up. Wed, Dec 17, 18:30 Make Up/Wild Card Make up training; topics will vary depending on which topics need to be made up. Page 89 of 202 Number of Calls 27 Total Calls for Year 381 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE #1 ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential 1 $200,000 $25,000 $1,151,100 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH $28,100 Vehicle - Contract Areas $75,000 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire #2 OVERPRESSURE RUPTURE $200,000 $25,000 $0 Excessive heat, scorch burns #3 MEDICAL Emergency Medical/Assist 3 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$225,000 Medical, other 2 #4 HAZARDOUS SITUATION $1,179,200 Spills/Leaks Carbon Monoxide Incident 2$0 Power line down 1 Arcing, shorting $948,100 Hazardous, Other #5 SERVICE CALL Smoke or odor removal $75,000 Assist Police or other agency Service Call, other Total Losses $948,100 #6 GOOD INTENT Good Intent Dispatched & Cancelled 3 Current To Date Last Year Smoke Scare 21 293 286 HazMat release investigation 1 22 22 Good Intent, Other 012 11 #7 FALSE ALARMS 223 22 False Alarm 3 42 40 Malfunction 4 Unintentional 6 Total:27 392 381 False Alarm, other 2 MUTUAL AID 3 FIRE MARSHAL'S TIME FOR MONTH Total Calls 27 Inspections Investigations WORK PERFORMED Hours To Date Last Year Re-Inspection Fire Calls 386.5 4788 4771.5 Meetings 9.5 424.6 613.25 Meetings Training 271.5 3851.8 4224 Special Activity 4.5 846.1 823.3 Administration Fire Marshal 0 0 0 Plan Review/Training TOTALS 672 9910.5 10432.05 TOTAL:0 Mendota Heights Only Structure/Contents Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date Lilydale Mendota Sunfish Lake Mutual Aid MENDOTA HEIGHTS FIRE DEPARTMENT DECEMBER 2025 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights Page 90 of 202 This page is intentionally left blank 6.l REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Approve Resolution 2026-08 Cooperative Construction Agreement with the Minnesota Department of Transportation for the Highway 13 (Sibley Memorial Highway) Rehabilitation Project ITEM TYPE: Consent Item DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: The Minnesota State Department of Transportation (MnDOT) is planning to rehabilitate State Trunk Highway 13 (Sibley Memorial Highway) in 2026 which will impact city owned infrastructure in the State right-of-way. The city is responsible for adjustments to its infrastructure and the Council is asked to approve the attached Cooperative Construction Agreement which will allow MnDOT’s contractor to perform these adjustments. BACKGROUND: The project is being developed to improve multiple aspects of Highway 13. The pavement structure will be restored and the ride smoothness increased by resurfacing. Pedestrian safety and ADA improvements will be made by updating infrastructure to meet current ADA guidelines. Drainage infrastructure will be improved by repairing or replacing deficient infrastructure. The City of Mendota Heights owns a sanitary sewer collection system located in State right-of- way and is responsible for adjustments to a water main also located in the same right-of-way. The Highway 13 (Sibley Memorial Highway) rehabilitation project is projected to require adjustments to 2 sanitary sewer manholes and 7 water valves. The adjustments are shown in the plans and identified on Exhibit B in the attached agreement. The State is currently estimating a value of $1,442.74 for each manhole adjustment. These values will be updated with bid prices after the bid opening. The State is also charging an 8% (eight percent) fee for administration and construction management. Additional costs may be incurred if additional parts are needed. The City has the option to perform these adjustments themselves or to independently contract for this work. The adjustments are outside the scope of duties of public works staff and Page 91 of 202 coordinating this work through a third party would be difficult. Staff are recommending that these structures be adjusted with the State project. FISCAL AND RESOURCE IMPACT: The estimate for the sanitary sewer manhole adjustments is $3,202.88. The costs are proposed to be allocated to the utility fund. ATTACHMENTS: 1.Resolution 2026-08 A Resolution Entering into a Cooperative Construction Agreement For Trunk Highway 13 (Sibley Mem. Hwy) Rehabilitation CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Environmental Sustainability & Stewardship, Economic Vitality & Community Vibrancy Page 92 of 202 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-08 A RESOLUTION ENTERING INTO A COOPERATIVE CONSTRUCTION AGREEMENT FOR TRUNK HIGHWAY 13 (SIBLEY MEMORIAL HIGHWAY) REHABILITATION IT IS RESOLVED, that the City of Mendota Heights enter into MnDOT Agreement No. 1062270 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City of Mendota Heights to the Minnesota Department of Transportation of the City’s share of the costs of the utility adjustment construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 13 from 0.5 miles north of I-494 to 0.15 miles south of Minnesota Highway 62 in the City of Mendota Heights, under State Project No. 1901-195 (T.H. 13). IT IS FURTHER RESOLVED, that the Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Mendota Heights this fourth day of February, 2026. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Stephanie B. Levine, Mayor _________________________ Nancy Bauer, City Clerk CERTIFICATION I HERBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Mendota Heights, County of Dakota, State of Minnesota, at a duly authorized City Council meeting held in the City of Mendota Heights, Minnesota, on the 4th day of February, 2026, as disclosed by the records of said City on file and of record in the office. _________________________ Nancy Bauer, City Clerk Page 93 of 202 This page is intentionally left blank Page 94 of 2026.m Page 95 of 202 Page 96 of 2026.n Page 97 of 202 Page 98 of 202 Page 99 of 202 Page 100 of 202 Page 101 of 202 Page 102 of 202 Page 103 of 202 Page 104 of 202 Page 105 of 202 Page 106 of 202 Page 107 of 202 Page 108 of 202 Page 109 of 202 9.a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Community Safety and Immigration and Customs Enforcement ITEM TYPE: New and Unfinished Business DEPARTMENT: Administration CONTACT: Kelly McCarthy, Police Chief Cheryl Jacobson, City Administrator ACTION REQUEST: Consider Resolution 2026-11 Reaffirming the City of Mendota Heights' Support for Police Department Policy 412 Regarding Immigration Violations. BACKGROUND: The City of Mendota Heights understands resident concerns regarding Immigration and Customs Enforcement (ICE) actions taking place in the community and state. Operation Metro Surge has impacted the people of Minnesota and our community in various ways. While we have heard from some who are unbothered and unconcerned by the actions of ICE, the majority of people who have reached out have expressed fear, confusion, frustration, and a sense of hopelessness. The City of Mendota Heights is committed to protecting public safety, upholding the rule of law and providing fair, respectful and constitutional policing for all residents, visitors and members of the community. This presentation and resolution is intended to promote public safety, strengthen community trust, and support equitable access by increasing understanding regarding the law and policies that direct the Mendota Heights Police Department's actions related to civil immigration matters and community safety. FISCAL AND RESOURCE IMPACT: Undetermined/unknown at this time. ATTACHMENTS: 1.Res 2026-11 Reaffirming the City of Mendota Heights Support for Police Department Policy 412 Regarding Immigration Violations 2.MHPD Policy 412- Immigration_Violations CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 110 of 202 Page 111 of 202 This page is intentionally left blank CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-11 REAFFIRMING THE CITY OF MENDOTA HEIGHTS’ SUPPORT FOR POLICE DEPARTMENT POLICY 412 REGARDING IMMIGRATION VIOLATIONS WHEREAS, the City of Mendota Heights is committed to protecting public safety, upholding the rule of law, and ensuring fair, respectful, and constitutional policing for all residents, visitors, and members of the community; and WHEREAS, the Mendota Heights Police Department has adopted Policy 412- Immigration Violations, which provides clear guidance to officers regarding immigration-related matters and interactions with federal immigration officials; and WHEREAS, Policy 412 affirms the Department’s commitment to equal enforcement of the law and equal service to the public, recognizing the dignity of all persons regardless of national origin or immigration status; and WHEREAS, effective public safety depends on community members’ willingness to report crime, cooperate with investigations, and seek assistance from law enforcement without fear that such engagement will automatically result in immigration inquiry or civil enforcement action; and WHEREAS, Policy 412 appropriately distinguishes between civil and criminal immigration violations and provides direction consistent with federal and state law regarding detentions, warrants, detainers, information sharing, and requests for assistance from federal immigration authorities; and WHEREAS, Policy 412 provides important protections for victims and witnesses of crime, including guidance related to U visa and T visa certifications, thereby supporting crime reporting and cooperation while advancing justice and accountability; and WHEREAS, Policy 412 establishes supervisory oversight, training requirements, and lawful procedures that promote transparency, accountability, and professional policing practices; and WHEREAS, the City Council recognizes that reaffirming support for existing Police Department policy promotes clarity for the public, reinforces community trust, and supports officers in carrying out their duties consistent with constitutional principles and applicable law. Page 112 of 202 NOW, THEREFORE, BE IT RESOLVED, that the Mendota Heights City Council supports that the primary mission of the Mendota Heights Police Department is to protect public safety, enforce Minnesota state law and local ordinances, and provide equitable service to all members of the community by reaffirming the adherence to Policy 412 regarding civil immigration violations. Adopted by the Mendota Heights City Council this 4th day of February, 2026. CITY COUNCIL CITY OF MENDOTA HEIGHTS ______________________________ Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 113 of 202 Policy 412 Mendota Heights Police Department Policy Manual Copyright Lexipol, LLC 2025/12/30, All Rights Reserved. Published with permission by Mendota Heights Police Department Immigration Violations - 1 Immigration Violations 412.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Mendota Heights Police Department relating to immigration and interacting with federal immigration officials. 412.2 POLICY It is the policy of the Mendota Heights Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 412.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and not in any way that would violate the United States or Minnesota constitutions. 412.4 DETENTIONS An officer should not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant. An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of federal immigration law may detain the person for a reasonable period of time in order to contact federal immigration officials to verify whether an immigration violation is a federal civil violation or a criminal violation. If the violation is a criminal violation, the officer may continue to detain the person for a reasonable period of time if requested by federal immigration officials (8 USC § 1357(g)(10)). No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved. If the officer has facts that establish probable cause to believe that a person already lawfully detained has committed a criminal immigration offense, he/she may continue the detention and may request a federal immigration official to respond to the location to take custody of the detained person (8 USC § 1357(g)(10)). An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense when time limitations, availability of personnel, issues of officer safety, communication capabilities, or the potential to obstruct a separate investigation outweigh the need for the detention. Page 114 of 202 Mendota Heights Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/12/30, All Rights Reserved. Published with permission by Mendota Heights Police Department Immigration Violations - 2 An officer should notify a supervisor as soon as practicable whenever an individual is being detained for a criminal immigration violation. 412.4.1 SUPERVISOR RESPONSIBILITIES When notified that an officer has detained an individual and established reasonable suspicion or probable cause to believe the person has violated a criminal immigration offense, the supervisor should determine whether it is appropriate to: (a) Transfer the person to federal authorities. (b) Lawfully arrest the person for a criminal offense or pursuant to a judicial warrant (see the Law Enforcement Authority Policy). 412.5 ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT Generally, an officer should not notify federal immigration officials when booking arrestees at a county jail facility. Any required notification will be handled according to jail operation procedures. No individual who is otherwise ready to be released should continue to be detained solely for the purpose of notification. 412.6 FEDERAL REQUESTS FOR ASSISTANCE Requests by federal immigration officials for assistance from this department should be directed to a supervisor. The Department may provide available support services, such as traffic control or peacekeeping efforts. 412.7 INFORMATION SHARING No member of this department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373): (a) Sending information to, or requesting or receiving such information from federal immigration officials (b) Maintaining such information in department records (c) Exchanging such information with any other federal, state, or local government entity 412.7.1 IMMIGRATION DETAINERS No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7 unless the person has been charged with a federal crime or the detainer is accompanied by a warrant, affidavit of probable cause, or removal order. Notification to the federal authority issuing the detainer should be made prior to the release. 412.8 U VISA AND T VISA NONIMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)). Page 115 of 202 Mendota Heights Police Department Policy Manual Immigration Violations Copyright Lexipol, LLC 2025/12/30, All Rights Reserved. Published with permission by Mendota Heights Police Department Immigration Violations - 3 Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Investigation Bureau supervisor assigned to oversee the handling of any related case. The Investigation Bureau supervisor should: (a) Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted. (b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted. (c) Address the request and complete the certification or declaration, if appropriate, in a timely manner. 1. The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website. (d) Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed form in the case file. 412.9 TRAINING The Training Sergeant should ensure officers receive training on this policy. Training should include: (a) Identifying civil versus criminal immigration violations. (b) Factors that may be considered in determining whether a criminal immigration offense has been committed. Page 116 of 202 This page is intentionally left blank 9.b REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Resolution 2026-10 Approving a MRCCA Permit Application by Homes by Tradition, LLC to allow for the construction of a new single-family home on the vacant property located at the northwest corner of Glenhill Road and Victoria Curve. [Planning Case No. 2026-01] ITEM TYPE: Resolution DEPARTMENT: Community Development CONTACT: Sarah Madden, Community Development Manager ACTION REQUEST: Adopt Resolution 2026-10 Approving a MRCCA Permit Application for Homes by Tradition, LLC to allow for the construction of a new single-family home on the vacant property located at the northwest corner of Glenhill Road and Victoria Curve. BACKGROUND: Homes by Tradition is the Applicant and Owners’ Representative of the vacant property at the northwest corner of Glenhill Road and Victoria Curve (now addressed as 1961 Glenhill Road), and has requested a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new single-family home, with associated site work and improvements. The subject site is part of the Valley View Oak 2nd Addition subdivision and has never been developed. It was most recently subdivided in a 2023 Lot Split application, resulting in a 2.92 acre parcel for future development of a single-family home. The proposed project is to construct a new 4,214 sq-ft home on the property, generally located at the front of the lot, 33-ft from the front property line abutting Glenhill Road. The proposed improvements include a new driveway, attached screen porch, deck, and patio, a new infiltration basin, and the development will include several retaining walls of varying heights. All of the proposed improvements are shown to be located outside of the Bluff Impact Zone (BIZ), however some improvements shown on the initial submittal, such as the swimming pool, did encroach on the bluff setback, measured at 20-ft from the Bluff Impact Zone. There was a condition of approval on the application as recommended by staff that the applicant remove the swimming pool and associated surrounding decking/patio area from the site plan, or to relocate it outside the bluff setback, prior to the City taking action on the application. The applicant has indicated that this plan revision will be presented to the City prior to the February 4th City Council meeting. Page 117 of 202 At the January 27, 2026, Planning Commission meeting, a planning report was presented. A duly noticed public hearing was held, and four residents came forward to speak regarding this application. The applicant was present and available to answer questions of the Commission. The Planning Commission discussed the proposed landscaping and tree removals on the property, and noted that the applicant should correct some items on the tree inventory which had conflicting information on removals. The Commission also discussed the Forest Alteration Permit requirements and asked for an overview to be provided by staff. One resident that spoke at the public hearing provided a copy of a 2020 report by Kelton Barr Consulting LLC, which was originally submitted to the City by neighbors opposed to a 2020 development application for a new subdivision of 8 lots on the subject property and adjacent land to the north. This current application request is for MRCCA Permit approvals on a portion of the previously proposed development site, and is for one single-family home. A copy of this hydrogeologic report is included as an attachment to this report. The applicant did confirm that an updated geotechnical evaluation was performed by Braun Intertec for this specific development and the construction of the one single-family home proposed under this application. That Braun Intertec memo was included as an attachment to the Planning Commission's staff report, and provides recommendations for soil corrections, if needed, to prepare the new home building pad. A copy of the 1/27/2026 planning report with attachments is attached to this memo. As noted in the attachment, staff had recommended approval of the application request. Following their discussion, the Planning Commission affirmed the staff recommendation and voted unanimously (5-0) to recommend to the City Council approval of this CUP with findings-of-fact and an additional condition regarding corrections to the tree inventory, as outlined in the attached [draft] Resolution. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: 1.Resolution 2026-10 2.Unapproved Planning Commission Minutes 1-27-26 3.January 27 2026 Planning Commission Staff Report 4.Kelton Barr Consulting LLC 2020 Report CITY COUNCIL PRIORITY: Economic Vitality & Community Vibrancy, Environmental Sustainability & Stewardship Page 118 of 202 Resolution No. 2026-10 Page | 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-10 RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO HOMES BY TRADITION AND FOR THE PROPERTY LOCATED AT 1961 GLENHILL ROAD. PLANNING CASE 2026-01 WHEREAS, Homes by Tradition, (the “Applicant”) made an Application for a Mississippi River Corridor Critical Area (MRCCA) Permit to allow for a new single-family home and associated site improvements, located at the vacant property at 1961 Glenhill Road, and legally described in Exhibit A (the “Subject Property”); and WHEREAS, the Subject Property is guided LDR-Low Density Residential in the 2040 Comprehensive Plan, zoned R-1 Low Density Residential, and is situated in the Mississippi River Corridor Critical Area Overlay District; and WHEREAS, pursuant to City Code Title 12-6A-3: Mississippi River Corridor Critical Area Overlay District, a permit is required to approve any new development activities involving a building permit, land disturbance, vegetation removal, or special zoning approval, and the Applicant is seeking permission to make site improvements under the rules and standards established by the R-1 District and the related Mississippi River Corridor Critical Overlay District ordinance and standards; and WHEREAS, on August 26, 2025, the Mendota Heights Planning Commission held a public hearing on this Conditional Use Permit request, whereby planning reports were presented and received by the Commission, and comments from the applicant and public were allowed, and whereupon closing the hearing, the Commission recommended unanimously (5-0 vote) to approve the request from Homes by Tradition for the MRCCA Permit, which would allow the new single- family home and associated improvements, as proposed and presented under Planning Case No. 2026-01, with certain conditions and findings-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2026-01 is hereby affirmed, and may be approved based on the following findings-of-fact: 1.The proposed construction of a new single family home and associated improvements meets the general purpose and intent of the Mississippi River Corridor Critical Area (MRCCA) Separated from River Overlay District. 2.The proposed work and disturbance to construct the new home and associated improvements has no direct impact to the Bluff Impact Zone, and impact to Primary Conservation Areas within the MRCCA Plan are limited to the minimum necessary Page 119 of 202 Resolution No. 2026-10 Page | 2 for development, and the project includes restoration of the area once developed with sod cover and perennial plantings and trees. The proposed project is within the spirit and intent of the MRCCA Separated from River Overlay District that provides for flexibility within the management purpose. 3.The proposed project will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. 4.The construction of the home is shown in the plan to comply with all standards and regulations of the Mississippi River Corridor Critical Area Overlay District and Zoning Ordinance and other applicable ordinances; represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses; and is consistent with the current single-family development pattern of the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the MRCCA Permit requested for the property located at 1961 Glenhill Road is hereby approved, with the following conditions: 1.A building permit, including a grading plan, must be approved by the City prior to the commencement of any site work. 2.The swimming pool and surrounding pool decking/patio area must be removed from the site plan, or relocated elsewhere on the site plan outside the bluffline setback prior to the City taking action on this application. No structures or facilities, including impervious surfaces, may be located within the bluffline setback. 3.A separate Forest Alteration Permit application and Forest Management Plan is required to be submitted to the City prior to building permit issuance. The applicant shall post a tree replacement escrow with the City and shall mitigate tree replacement in appropriate areas of the property as reviewed and approved by the Natural Resources Manager and Community Development Manager. If compliance with the tree replacement requirement is not feasible, the City may approve alternative tree replacement measures within the Forest Alteration Permit. 4.A final landscaping and restoration plan for the developed area of the site must be submitted for review and approval by the Natural Resources Manager as part of the building permit submittal package, including seed mix details, native plant species, and sizing and DSH of replacement trees. 5.In the Bluff Impact Zone, all new vegetation associated with the restoration plan must be native and suitable for the existing conditions of the slope. Page 120 of 202 Resolution No. 2026-10 Page | 3 6.In any areas where buckthorn will be removed, a buckthorn replacement groundcover mix must be installed to prevent erosion. 7.The proposed project must comply with all requirements of the City’s Land Disturbance Guidance Document. All plans must be reviewed and approved by the Public Works Director. 8.All erosion control requirements must be put in place prior to the commencement of any grading and site work activities and must remain in place for the duration of the construction activities until proper site restoration plans are completed, including a dual row of perimeter control at the back of the property adjacent to the bluff, perimeter control surrounding the infiltration basin, and erosion control blankets on any disturbed slopes 3:1 or greater. 9.All grading and construction activity must comply with applicable federal, state, and local regulations and codes. 10.All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 11.The Applicant/Developer shall correct the discrepancy in the provided Tree Inventory prior to issuance of the Forest Alteration Permit. Adopted by the City Council of the City of Mendota Heights this 4th day of February 2026. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 121 of 202 Resolution No. 2026-10 Page | 4 EXHIBIT A Address: 1961 Glenhill Road PIN: 27-81251-00-013 Legal Description: That part of Outlot A, VALLEY VIEW OAK 2ND ADDITION, Dakota County, Minnesota, lying south of a line drawn from a point on the east line of said Outlot A, 132.00 feet southerly of the southeast corner of Lot 2, Block 1, said VALLEY VIEW OAK 2ND ADDITION to a point on the west line of said Outlot A, 325.00 feet northerly of the most westerly southwest corner of said Outlot A and said line there terminating. Page 122 of 202 DRAFT/UNAPPROVED MINUTES EXCERPT FROM DRAFT/UNAPPROVED 1/27/26 PLANNING COMMISSION MINUTES A)PLANNING CASE 2026-01 HOMES BY TADITION, LLC, NORTHWEST CORNER OF GLEHNHILL ROAD AND VICTORIA CURVE – MISSISSIPPI RIVER CORRIDOR CRITICAL AREA PERMIT Community Development Manager Sarah Madden explained that Homes by Tradition is the applicant and owner’s representative of the vacant property at the northwest corner of Glenhill Road and Victoria Curve (PID #27-81251-00-013) and has requested a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new single-family home, with associated site work and improvements. Hearing notices were published and mailed to all properties within 350 feet of the site; no comments or objections to this request were received. Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson provided background information on keystone species and asked staff for more information on the Forest Alteration Permit and that process. Community Development Manager Sarah Madden explained that the Forest Alteration Permit is required when tree removal thresholds are triggered. She explained how that is reviewed by staff and what is required to be shown on the plan. She stated that there are selective trees to be removed in the bluff impact zone (BIZ), which are dead or diseased, along with those planned for removal within the building pad. Commissioner Johnson noted that there are additional steps identified within the ordinance for the protection of trees during construction. She asked for clarification on a discrepancy for tags 52 and 60 and whether those would be removed or retained. Chair Field opened the public hearing. Dean Nelson, Homes by Tradition, commented that they are building a beautifully designed home in a beautiful neighborhood. He stated that they carefully place the home on the property and consider which trees will be removed or protected. He recognized the work that must still be done to move or remove the pool. He noted that he would review and update the information related to trees 52 and 60. Chair Field asked if the applicant agrees to condition two related to the pool. Page 123 of 202 DRAFT/UNAPPROVED MINUTES Mr. Nelson confirmed that they will adjust the placement of the pool and resubmit. Alan Olstein, 1954 Glenhill Road, stated that he was involved in a previous discussion for the development of this site back in 2020. He submitted a hydrogeological investigation of this area related to the buildability and stability of the slope. He noted that the pool is proposed very close, or within the BIZ. He asked that the City be the most conservative when judging the safety of this proposed project with regard to the potential of failure and landslides. He did not believe that some of the issues identified in the hydrogeological investigation had been addressed. He provided a copy of the investigation report to staff. Commissioner Goldade stated that he was a member of the Park and Recreation Commission during that previous review. He recognized the concern from those below the bluff and asked about the concern of the resident across the street. Mr. Olstein stated that a catastrophic failure of this site could impact infrastructure and utilities and have a broader impact on the community. Stephen Golias, 1308 4th Street in Mendota, thanked the previous speaker for his comments. He stated that he had grave concerns with the plan proposed in 2020 and is excited for this new plan, although he still has similar concerns, as he is downhill from the project. He referenced the proposed holding pond for the property and asked how that would be engineered. He asked if all impervious drainage would go into that pond, the storm level to which the pond would be designed, and how water would percolate out. He also asked how the sewage would be handled. He referenced the retaining walls and hoped that they would be built with a lifespan longer than 40 years. Lynn Burow, 1219 Victoria Curve, commented on the trees that will be lost through this proposal and asked for clarification if the trees within the right-of-way would be preserved. She also had concerns with the drainage plan and impacts that could result from rainfall with the reduced vegetation on the property. Mr. Nelson stated that he shared the concerns of the first resident. He commented that he and his clients are working with Braun Intertec who completed a study on the proposed footings, foundation, and retaining wall. He stated that because Braun was involved in that original study, they are comfortable with the finding that the construction is feasible and there would not be any issues with drainage or slope with the proper retaining walls. He confirmed that all impervious areas would drain to the infiltration basin, which would drain out over time. He stated that the BIZ would be stabilized before, during, and beyond construction. He commented that they would connect to the main sewer lines. Commissioner Udell asked and received confirmation that Braun is involved to verify the data to ensure the proposal is consistent with their findings in 2020. James Grahams, Lake and Land Surveying, commented that the holding pond is more of a rain garden, which would hold the one-inch storm and drain within 48 hours. Page 124 of 202 DRAFT/UNAPPROVED MINUTES Kathy McGuire, 1942 Glenhill Road, commented that she has concerns with the environment and maintaining the MRCC area. She recalled conflicts in 2020 between the University of Minnesota comments and Braun comments, and asked that the City review both reports, as she believed that the hydrology of the whole area was discussed rather than just the bluff. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER GOLDADE MOVED, SECONDED BY COMMISSIONER UDELL, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 Commissioner Johnson asked if staff has recollection of that hydrology report. Public Works Director Ryan Ruzek stated that the development proposed in 2020 was more dense. He was not aware of any restrictions placed on the lot split completed in 2023. He stated that the two lots that were created just needed to meet the MRCCA requirements, and he believed that this request was compliant with the MRCCA requirements. He stated that the drainage requirements are met by the infiltration basin proposed by the applicant. He commented that there are springs located along the bluff throughout the state. He believed that those are more within the BIZ. He stated that there are no publicly mapped springs in this area. Commissioner Goldade asked if anything had been learned from the bluff failures in other areas of the community. Public Works Director Ryan Ruzek replied that there were a couple of failures on Highway 13, but that would not be apples to apples comparisons. He noted that the applicant is doing their due diligence to prevent failures. He stated that existing homes on the Culligan cul-de-sac would have a higher impact on the bluff than the home being proposed tonight. Chair Field recalled that there were failures from the roadway, which impacted the bluff before the failure occurred on 13. Commissioner Johnson commented that this does not seem to be the same type of slope. Public Works Director Ryan Ruzek stated that the new MRCCA ordinance includes slopes that are not steep within the BIZ, confirming that this is not a steep slope area. Commissioner Goldade asked for more information on the lifespan of the retaining wall. Public Works Director Ryan Ruzek stated that he did not recall that discussion of the past. He noted that this would be a boulder retaining wall and was unsure if there was a specific life for a boulder wall, as boulders are naturally occurring. He noted that the retaining wall is related to the pool and urged the Commission not to focus on that detail, as that will be removed or moved. Page 125 of 202 DRAFT/UNAPPROVED MINUTES Commissioner Goldade asked if staff reviewed the report provided by the resident tonight prior to the meeting. Community Development Manager Sarah Madden stated that an updated Braun memo was included in the packet, which referenced their work in the previous application and had been updated for the one home. She confirmed that she did review the previous application from 2020 in advance of this application and meeting as well. She also provided additional information on the 2023 lot split approval, which created the two lots and buildable areas. Commissioner Udell recognized that the proposed density of development was different in 2020 and asked for more information on the hydrological report. Public Works Director Ryan Ruzek stated that the 2020 development included roads, utilities, large retaining walls, ponds, more homes, and homes closer to the bluff. He stated that the neighbors privately contracted to have that report done. The Council considered all information and denied the 2020 proposal, but then was comfortable approving the lot split that was completed in 2023. COMMISSIONER UDELL MOVED, SECONDED BY COMMISSIONER NATH, TO RECOMMEND APPROVAL OF THE MRCCA-CRITICAL AREA PERMIT REQUEST BY HOMES BY TRADITION FOR A NEW SINGLE-FAMILY HOME ON THE VACANT PROPERTY AT THE NORTHWEST CORNER OF GLENHILL ROAD AND VICTORIA CURVE (PID #27- 81251-00-013), WITH THE FOLLOWING CONDITIONS: 1.A BUILDING PERMIT, INCLUDING A GRADING PLAN, MUST BE APPROVED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY SITE WORK. 2.THE SWIMMING POOL AND SURROUNDING POOL DECKING/PATIO AREA MUST BE REMOVED FROM THE SITE PLAN, OR RELOCATED ELSEWHERE ON THE SITE PLAN OUTSIDE THE BLUFFLINE SETBACK PRIOR TO THE CITY TAKING ACTION ON THIS APPLICATION. NO STRUCTURES OR FACILITIES, INCLUDING IMPERVIOUS SURFACES, MAY BE LOCATED WITHIN THE BLUFFLINE SETBACK. 3.A SEPARATE FOREST ALTERATION PERMIT APPLICATION AND FOREST MANAGEMENT PLAN IS REQUIRED TO BE SUBMITTED TO THE CITY PRIOR TO BUILDING PERMIT ISSUANCE. THE APPLICANT SHALL POST A TREE REPLACEMENT ESCROW WITH THE CITY AND SHALL MITIGATE TREE REPLACEMENT IN APPROPRIATE AREAS OF THE PROPERTY AS REVIEWED AND APPROVED BY THE NATURAL RESOURCES MANAGEMENT AND COMMUNITY DEVELOPMENT MANAGER. IF COMPLIANCE WITH THE TREE REPLACEMENT REQUIREMENT IS NOT FEASIBLE, THE CITY MAY APPROVE ALTERNATIVE TREE REPLACEMENT MEASURES WITHIN THE FOREST ALTERATION PERMIT. 4.A FINAL LANDSCAPING AND RESTORATION PLAN FOR THE DEVELOPED AREA OF THE SITE MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE NATURAL RESOURCES MANAGER AS PART OF THE BUILDING PERMIT SUBMITTAL PACKAGE, INCLUDING SEED MIX DETAILS, NATIVE PLANT SPECIES, AND SIZING AND DSH OF REPLACEMENT TREES. Page 126 of 202 DRAFT/UNAPPROVED MINUTES 5.IN THE BLUFF IMPACT ZONE, ALL NEW VEGETATION ASSOCIATED WITH THE RESTORATION PLAN MUST BE NATIVE AND SUITABLE FOR THE EXISTING CONDITIONS OF THE SLOPE. 6.IN ANY AREAS WHERE BUCKTHORN WILL BE REMOVED, A BUCKTHORN REPLACEMENT GROUNDCOVER MIX MUST BE INSTALLED TO PREVENT EROSION. 7.THE PROPOSED PROJECT MUST COMPLY WITH ALL REQUIREMENTS OF THE CITY’S LAND DISTURBANCE GUIDEANCE DOCUMENT. ALL PLANS MUST BE REVIEWED AND APPROVED BY THE PUBLIC WORKS DIRECTOR. 8.ALL EROSION CONTROL REQUIREMENTS MUST BE PUT IN PLACE PRIOR TO THE COMMENCEMENT OF ANY GRADING AND SITE WORK ACTIVITIES AND MUST REMAIN IN PLACE FOR THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL PROPER SITE RESTORATION PLANS ARE COMPLETED, INCLUDING A DUAL ROW OF PERIMETER CONTROL AT THE BACK OF THE PROPERTY ADJACENT TO THE BLUFF, PERIMETER CONTROL SURROUNDING THE INFILTRATION BASIN, AND EROSION CONTROL BLANKETS ON ANY DISTURBED SLOPES 3:1 OR GREATER. 9.ALL GRADING AND CONSTRUCTION ACTIVITY MUST COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES. 10.ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. FURTHER DISCUSSION: Commissioner Johnson thanked staff for identifying the need to remove or relocate the pool. She was also pleased to see the removal of buckthorn and a requirement for replacement vegetation. She believed that the request met the MRCCA requirements. Commissioner Udell asked if any conditions should be added to clarify discrepancies in the tree inventory report. Commissioner Johnson stated that language could be added to update the removal status for tags 52 and 60. It was decided that it should be added as condition 11. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its February 4, 2026, meeting. Page 127 of 202 Planning Commission Meeting Date: January 27, 2026 Agenda Item: CASE No. 2026-01 MRCCA Permit Application of Homes by Tradition, LLC, requesting a Mississippi River Corridor Critical Area (MRCCA) Permit to allow for the construction of a new single-family home on the vacant property located at the northwest corner of Glenhill Road and Victoria Curve. Department: Community Development Contact: Sarah Madden, Community Development Manager Introduction: Homes by Tradition is the Applicant and Owners’ Representative of the vacant property at the northwest corner of Glenhill Road and Victoria Curve (PID#27-81251-00-013), and has requested a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new single-family home, with associated site work and improvements. A public hearing notice for this item was published in the Pioneer Press and notice letters were mailed to all surrounding properties within 350-feet of the subject property. No public comments were received as of the submittal of this report. Background: The subject property is located at the northwest corner of Glenhill Road and Victoria Curve, and is generally east of the boundary with the City of Mendota. The subject site is part of the Valley View Oak 2nd Addition subdivision and has never been developed. The property has been included within and party to several prior planning case applications. The most recent application that directly affected this property was in 2023, wherein the subject site was included in the approval of a lot split, authorized by Resolutions No. 2023-12 and 2023-25, and which established the lot boundaries for the subject site as they are today, and also referenced future development to be subject to a separate MRCCA Permit review. The subject property is located within the Mississippi River Critical Corridor Area (MRCCA), and is subject to the standards established for this Overlay district that are more restrictive than the R-1 base zoning district standards. Therefore, the construction of a new single-family home requires a MRCCA permit. Proposed Improvements The existing lot is vacant. The proposed project is to construct a new 4,214 sq-ft home on the property, generally located at the front of the lot, 33-ft from the front property line abutting Glenhill Road. The proposed improvements include a new driveway, attached screen porch, deck, and patio, a new infiltration basin, and the development will include several retaining walls of varying heights. The application also includes a proposed swimming pool in the rear Page 128 of 202 yard, with associated surrounding decking and patio area. All of the proposed improvements are shown to be located outside of the Bluff Impact Zone (BIZ), however some improvements, such as the swimming pool, do encroach on the bluff setback, measured at 20-ft from the Bluff Impact Zone. Analysis: Per Title 12, Chapter 6 Critical Area Overlay District, a Mississippi River Corridor Critical Area (MRCCA) Permit is required for the subject project. The purpose and intent of the Critical Area Overlay District is to: •Establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district. •Identify development standards and considerations for land uses that have potential to negatively affect primary conservation areas and public river corridor views. •Establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is established consistent with the purpose of the MRCCA. •Establish design standards for private facilities that are consistent with best management practices and that minimize impacts to Primary Conservation Areas (PCAs), Public River Corridor Views (PRCVs) and other resources identified in the MRCCA plan. •Establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan while recognizing that they serve the public interest by providing access to the Mississippi River Corridor or require locations within the river corridor and therefor require some flexibility. •Establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and critical area steep slopes and ensure stability of other erosion- prone areas. •Establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion. •To create standards for subdivisions and development or redevelopment of sites that protect and enhance the natural and scenic value of the MRCCA, protect and restore biological and ecological functions of primary conservation areas, and encourage restoration of native vegetation where restoration opportunities have been identified in the MRCCA Plan. The following summary of the site is provided as reference: Standard Subject Property Conditions MRCCA Sub District Separated from River Bluff on Site? Yes, extending across the property Bluff Impact Zone (BIZ) Yes, the Bluff Impact Zone encompasses the majority of the property. The proposed home is setback 34-ft from the BIZ at its closest point, and the attached patio is Page 129 of 202 setback 31-ft at its closest point. The proposed swimming pool and surrounding decking is 7.5-ft setback from the BIZ at its closest point. Significant Vegetative Stands or Primary Conservation Area (PCA) Yes, the property is considered to be within a Significant Existing Vegetative Stand area. Subject to Section 12-6A-9 Vegetation Management Yes, selective vegetation removal will occur that is consistent with the minimum necessary for development. Subject to Section 12-6A-10 Land Alteration Standards and Stormwater Management Yes. A new home construction is permitted but stormwater must be diverted from any BIZ area. The new construction and earthwork is subject to the Land Alteration and Stormwater standards. Subject to Section 12-6A-11 Subdivision and Land Development Standards No. The property is not being subdivided, and is not part of a master-planned or phased common development plan. Subject to Section 12-6A-12 Site Plan Requirements Yes. Must include Site Plan and Landscape Plan As described in Section 12-6A-4 C.3., the Separated from River (SR) sub-district describes the management purpose as, “...provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and the flow of untreated storm water into the river are priorities…” As indicated on the attached GIS maps, the Bluff Impact Zone (BIZ) crosses and covers the majority of the subject site from the western boundary towards the building area at the eastern edge of the property. As shown on the Site Plan and Landscape Plan, the applicant will construct a new single-family home and sod the entirety of the site, install a new infiltration basin, and plans for enhanced landscaping areas throughout the developed portion of the site adjacent to the new home. As proposed, the new home will be setback approximately 34-ft from the BIZ boundary at its closest point. The attached patio at the south end of the new home will also be setback approximately 31-ft from the BIZ boundary at its closest point. The current site plan shows a proposed swimming pool and associated patio/decking area which is 7.5-ft from the BIZ boundary. This encroaches into the bluff setback required in the SR-District of the MRCCA and is discussed in the “Structure Height and Placement” section of this report. There are also Primary Conservation Areas throughout the site, noted as significant vegetative stands in the DNR’s MRCCA mapping tool. The site is primarily a wooded hillside adjacent to the bluff area. The attached MRCCA Map illustrates the extent of a Significant Existing Vegetative Stand of Midwestern White Oak – Red Oak Forest, which encompasses the entirety of the site. The applicant is proposing to impact this area to allow for the development of this home, but has limited the impact area to outside of the BIZ and has illustrated replacement landscaping to comply with vegetation standards established in the MRCCA ordinance. Structure Height and Placement The maximum structure height for a new single-family home in the MRCCA District is determined by the underlying zoning district. In this case, the proposed home cannot exceed Page 130 of 202 25-ft in height. A review of the height of adjacent structures is not applicable in this case, as the subject site is a corner lot, and the property to the north is still undeveloped. The proposed new home meets the maximum 25-ft height requirement for the R-1 Low Density Residential zoning district. The City’s MRCCA Ordinance requires a 40-ft setback from the bluffline for structures and facilities, including impervious surfaces. This setback includes the first 20-ft of the Bluff Impact Zone (BIZ), meaning that this setback is measured at 20-ft from the marked edge of the BIZ. The location of the principal structure on the property (the proposed home) is compliant with all setback requirements of the base zoning district, as well as the 40-ft bluffline setback. However, the applicant has also proposed an in-ground swimming pool to the rear of the home. The MRCCA Ordinance does permit some flexibility to the bluffline setback for patios and decks, (allowing a 15% reduction within the Separated-from-River District, or 6-ft in this case) however the swimming pool is not included in that flexibility. Approximately 272 sq-ft of the swimming pool and surrounding deck/patio area is within the bluffline setback. This improvement cannot be approved as part of the MRCCA Permit for this new home, and will either need to be relocated on the plan, removed from the site plan, or the applicant will need to apply for and receive a Variance for this setback reduction. Vegetation Management The applicant is proposing to remove trees within the building pad and construction area, and has also identified several dead, diseased, or dying trees across the property which will be removed as part of this project, including invasive buckthorn removal. The City’s MRCCA Ordinance allows the clearing of vegetation that is dead, diseased, or dying, selective removal of species, and the minimum clearing which is necessary for development, when associated with a MRCCA Vegetation Permit approved by the City. The applicant has provided an existing tree inventory which outlines select significant and heritage trees on the bluff impact zone portion of the property which would be removed or retained alongside this project. Five heritage trees will be removed within the Bluff Impact Zone as part of this MRCCA Permit approval: two red oaks, and three bur oaks. Outside the Bluff Impact Zone, but within the general construction area on the property, the applicant has indicated that there are 49 existing trees, 11 of which will be retained. The Tree Inventory is included as an attachment to this report. Two of the trees which are to be retained are heritage trees. Of the 38 trees which are proposed to be removed, four are heritage trees, although only 1 of those trees shows no noticeable signs of decline or disease. In total, 349” of heritage and significant trees are proposed to be removed. The site will be subject to tree replacement where feasible, and a tree preservation escrow will be required throughout the duration of the project to ensure the protection of the preserved/retained trees. The applicant has submitted the materials for a Forest Alteration Permit, however no action to remove any trees on site are permitted until the issuance of this permit by City Staff, along with the approval of a Forest Management Plan. In addition to the Forest Management Plan, a Vegetation Restoration Plan is required for any vegetation removed with a MRCCA Permit subject to 12-6A-9: Vegetation Management. The applicant has provided a landscape plan illustrating the plantings associated with the new home, including perimeter shrub plantings, perennial gardens, and new tree plantings. A final Restoration Plan will be required with the building permit submittal to verify the caliper inch of replacement trees needed for the Forest Alteration Permit, as well as to verify consistency with the Vegetation Management standards outlined as part of this MRCCA Permit. Page 131 of 202 Standards specific to Primary Conservation Areas (PCAs) are applicable to new subdivision and larger developments/redevelopment of land under 12-6A-11 of the City’s MRCCA Ordinance. This application is for one new home on one parcel, and its prior subdivision application was also exempt from this standard due to size so it is not required to designate PCAs as protected open space. However, the majority of the site is illustrated as a PCA due to the existing vegetation on site. The current proposal for a single-family home at the front setback line limits the impacts to this site and proceeds with a development that is removing the minimum amount of vegetation necessary for development. The majority of the subject site will remain undisturbed with the exception of select tree removal of dead or dying trees, or for invasive buckthorn management. Staff would affirm that this application meets the intent of these standards, though they are not required in this specific planning case. Land Alteration Standards The applicant’s provided site plan illustrates that there are no planned improvements or impacts within the bluff impact zone. However, many of the improvements and site impacts are placed just outside of the BIZ boundary. Section 10 of the City’s MRCCA Ordinance regulates land alteration standards and stormwater management. The ordinance allows development on steep slopes outside of the BIZ if the applicant can demonstrate that the proposed development can be accomplished without increasing erosion or stormwater runoff and the geology is suited to the development. The applicant has provided a geotechnical report by Braun Intertec (included as an attachment to this report) which stated that the result of the soil borings showed that the site is generally buildable for a proposed single-family house. The report also notes that soil corrections may be needed to prepare the building pad site depending on the depth of the footings, and provides recommendations for soil corrections if needed. In addition to the MRCCA standards for land alteration, the application’s approval is subject to compliance with the City’s Land Disturbance Guidance Document. Additional conditions beyond general compliance with these standards have been included in the recommendation section of this report, noting that erosion control measures must be in place for the duration of the project, including a dual row of perimeter erosion control to be installed at the back of the property to protect the bluff, perimeter erosion control around the infiltration basin to protect it during construction, and erosion control blankets to be placed on any disturbed slopes 3:1 or greater. Interagency Review: Under the MRCCA Ordinance, the city is required to submit the MRRCA permit request to the MNDNR and the National Park Service (NPS). The plan set and project information was transmitted to both agencies for their review and comment. The National Park Service responded and stated that based on the submitted plans, all proposed structures and grading activities appeared to be outside the Bluff Impact Zone and they did not identify issues requiring comment. They did note that continued attention to slope stability during construction was recommended. The Minnesota DNR also responded to the application echoing the NPS comments regarding the attention to drainage, erosion control, and bluff stability. This e-mail correspondence has been included as an attachment to this report. Page 132 of 202 Alternatives: 1.Approve the MRCCA-Critical Area Permit request for Homes by Tradition, which would allow for the construction of a new single-family home and associated improvements based on the findings-of-fact that the proposed project is compliant with the policies and standards of the MRCCA Overlay District and City Zoning Code standards, and with certain conditions; or 2.Deny the MRCCA-Critical Area Permit request for Homes by Tradition, based on the revised or amended findings-of-fact that the application does not meet certain policies and standards of City Code as determined by the Planning Commission; or 3.Table the request and request additional information from staff and/or the applicant; Staff will extend the review period an additional 60 days, in compliance with Minnesota State Statute 15.99. Staff Recommendation: Staff recommends approval of the MRCCA-Critical Area Permit request by Homes by Tradition for a new single family home on the vacant property at the northwest corner of Glenhill Road and Victoria Curve (PID#27-81251-00-013), with the following conditions: 1.A building permit, including a grading plan, must be approved by the City prior to the commencement of any site work. 2.The swimming pool and surrounding pool decking/patio area must be removed from the site plan, or relocated elsewhere on the site plan outside the bluffline setback prior to the City taking action on this application. No structures or facilities, including impervious surfaces, may be located within the bluffline setback. 3.A separate Forest Alteration Permit application and Forest Management Plan is required to be submitted to the City prior to building permit issuance. The applicant shall post a tree replacement escrow with the City and shall mitigate tree replacement in appropriate areas of the property as reviewed and approved by the Natural Resources Manager and Community Development Manager. If compliance with the tree replacement requirement is not feasible, the City may approve alternative tree replacement measures within the Forest Alteration Permit. 4.A final landscaping and restoration plan for the developed area of the site must be submitted for review and approval by the Natural Resources Manager as part of the building permit submittal package, including seed mix details, native plant species, and sizing and DSH of replacement trees. 5.In the Bluff Impact Zone, all new vegetation associated with the restoration plan must be native and suitable for the existing conditions of the slope. 6.In any areas where buckthorn will be removed, a buckthorn replacement groundcover mix must be installed to prevent erosion. 7.The proposed project must comply with all requirements of the City’s Land Disturbance Guidance Document. All plans must be reviewed and approved by the Public Works Director. 8.All erosion control requirements must be put in place prior to the commencement of any grading and site work activities and must remain in place for the duration of the construction activities until proper site restoration plans are completed, including a dual row of perimeter control at the back of the property adjacent to the bluff, perimeter control surrounding the infiltration basin, and erosion control blankets on any disturbed slopes 3:1 or greater. 9.All grading and construction activity must comply with applicable federal, state, and local regulations and codes. Page 133 of 202 10. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. Attachments: 1. Findings of Fact for Approval 2. MRCCA Map 3. Narrative Letter 4. Site & Grading Plan 5. Existing Tree Inventory 6. Preliminary Landscape Plan Package 7. Exterior Elevation 8. Geotechnical Evaluation - Braun Intertec 9. NPS and DNR MRCCA Permit Application Comments Page 134 of 202 Planning Case 2026-01 (MRCCA Permit for 2026-01 (Homes by Tradition) Page 1 of 1 FINDINGS-OF-FACT FOR APPROVAL MRCAA -Critical Area Permit for Planning Case No. 2026-01 (Homes by Tradition) The following Findings of Fact are made in support of approval of the proposed requests: 1.The proposed construction of a new single family home and associated improvements meets the general purpose and intent of the Mississippi River Corridor Critical Area (MRCCA) Separated from River Overlay District. 2.The proposed work and disturbance to construct the new home and associated improvements has no direct impact to the Bluff Impact Zone, and impact to Primary Conservation Areas within the MRCCA Plan are limited to the minimum necessary for development, and the project includes restoration of the area once developed with sod cover and perennial plantings and trees. The proposed project is within the spirit and intent of the MRCCA Separated from River Overlay District that provides for flexibility within the management purpose. 3.The proposed project will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. 4.The construction of the home is shown in the plan to comply with all standards and regulations of the Mississippi River Corridor Critical Area Overlay District and Zoning Ordinance and other applicable ordinances; represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses; and is consistent with the current single- family development pattern of the neighborhood. Page 135 of 202 Page 136 of 202 Page 137 of 202 Page 138 of 202 Site: XXXX Glenhill RdMendota Heights, MN 55118Prepared for: Southview DesignPrepared by: Sam Wallace, ISA Board Certified Master Arborist #MN-4493BPrepared on: 12/9/2025Tag # Genus Species Common name DBH (in) Height (ft) Condition Notes Action Heritage TreeHeritage Inches -RemoveHeritage Inches -RetainSignificant TreeSignificant Inches - RemoveSignificant Inches - Retain1Quercus macrocarpabur oak 8 20 2 RetainYes - Retain 82Quercus rubrared oak 9 40 3 RetainYes - Retain 93Ulmus americanaAmerican elm 12 30 4 Remove - Within Building FootprintYes - Remove 124Ulmus americanaAmerican elm 6 30 4 RetainYes - Retain 65Quercus rubrared oak 10 40 4 RetainYes - Retain 106Quercus rubrared oak 12 45 4 Remove - Within Building FootprintYes - Remove 127Quercus rubrared oak 8 45 4 Remove - Within Building FootprintYes - Remove 88Quercus rubrared oak 7 35 3 Remove - Within Building FootprintYes - Remove 79Quercus rubrared oak 11 45 4 Remove - Within Building FootprintYes - Remove 1110Quercus rubrared oak 11 40 3 Remove - Within Building FootprintYes - Remove 1111Quercus rubrared oak 14 45 4 Remove - Within Building FootprintYes - Remove 1412Quercus rubrared oak 16 50 4 Remove - Within Building FootprintYes - Remove 1613Ulmus americanaAmerican elm 7 35 2 Remove - Within Building Footprint & Poor Health No - Poor Health14Quercus rubrared oak 18 45 3 Remove - Within Building FootprintYes - Remove 1815Quercus rubrared oak 12 55 3 Remove - Within Building FootprintYes - Remove 1216Quercus rubrared oak 12 50 3 Remove - Within Building FootprintYes - Remove 1217Quercus rubrared oak 14 / 9 45 3 2 stem Remove - Within Building FootprintYes - Remove 1418Quercus rubrared oak 8 30 2 Remove - Within Building FootprintYes - Remove 819Quercus rubrared oak 10 45 3 Remove - Within Building FootprintYes - Remove 1020Quercus rubrared oak 10 45 3 Remove - Within Building FootprintYes - Remove 1021Quercus rubrared oak 10 45 3 RetainYes - Retain 1022Quercus rubrared oak 14 50 3 Remove - Within Building FootprintYes - Remove 1423Quercus rubrared oak 12 45 3 Remove - Within Building FootprintYes - Remove 1224Ulmus americanaAmerican elm 10 45 2 Remove - Within Building Footprint & Poor Health No - Poor Health25Quercusrubrared oak20 50 3Remove - Within Building FootprintYes - Remove2026Quercusrubrared oak18 50 3Remove - Within Building FootprintYes - Remove1827Quercusrubrared oak12 / 8 45 2 2 stemRemove - Within Building Footprint & Poor HealthNo - Poor Health28TiliaamericanaAmerican basswood10 50 2Remove - Within Building Footprint & Poor HealthNo - Poor Health29Quercusrubrared oak10 / 10 55 3 2 stemRemove - Within Building FootprintYes - Remove1030Quercusrubrared oak11 / 9 45 2 2 stemRemove - Within Building Footprint & Poor HealthNo - Poor Health31Quercusrubrared oak18 60 4Remove - Within Building FootprintYes - Remove1832Quercusrubrared oak15 55 3Remove - Within Building FootprintYes - Remove1533TiliaamericanaAmerican basswood10 50 3Remove - Within Building FootprintYes - Remove1034TiliaamericanaAmerican basswood6 40 3Remove - Within Building FootprintYes - Remove635TiliaamericanaAmerican basswood7 40 3Remove - Within Building FootprintYes - Remove736Fraxinus pennsylvanicagreen ash12 35 0 Heavily EAB infestedRemove - Within Building Footprint & Poor HealthNo - Dead37UlmusamericanaAmerican elm18 70 3RetainYes - Retain1838Quercusmacrocarpabur oak36 65 3RetainYes - Retain3639TiliaamericanaAmerican basswood14 55 3Remove - Within Building FootprintYes - Remove1440TiliaamericanaAmerican basswood 10 / 10 / 1050 2 3 stemRemove - Within Building Footprint & Poor HealthNo - Poor Health41UlmusamericanaAmerican elm7 45 2Remove - Within Building Footprint & Poor HealthNo - Poor Health42Quercusmacrocarpabur oak26 35 0 DeadRemove - Within Building Footprint & Poor HealthNo - Dead43Quercusrubrared oak30 55 4Remove - Within Building FootprintYes - Remove3044Quercusrubrared oak20 65 4RetainYes - Retain2045Celtisoccidentalishackberry20 60 3RetainYes - Retain2046Quercusrubrared oak16 65 3RetainYes - Retain1647Quercusrubrared oak28 65 3RetainYes - Retain2848Quercusrubrared oak30 55 0 DeadRemove - DeadNo - Dead49Quercusrubrared oak30 55 0 DeadRemove - DeadNo - DeadOutside of Building Area - Bluff Area - Completed by Mike Goergen. Registered Landscape Architect. Lic. #56262 12/23/2552TiliaamericanaAmerican Basswood363 Multi stemRemove - Improve Views & Limit Shade to PoolYes - Retain3653QuercusrubraRed Oak240 DeadRemove - DeadNo - Dead54QuercusrubraRed Oak243RetainYes - Retain2455QuercusrubraRed Oak64RetainYes - Retain656QuercusrubraRed Oak244RetainYes - Retain2457UlmusamericanaAmerican Elm104RetainYes - Retain1058QuercusrubraRed Oak103RetainYes - Retain1059QuercusrubraRed Oak120 DeadRemove - DeadNo - Dead60TiliaamericanaAmerican Basswood163Remove - Improve Views & Limit Shade to PoolYes - Retain1661QuercusmacrocarpaBur Oak420 DeadRemove - DeadNo - Dead62TiliaamericanaAmerican Basswood123RetainYes - Retain1263Quercusmacrocarpabur oak361Remove - Heavy Trunk Damage & RotNo - Dead/Diseased64QuercusmacrocarpaBur Oak242RetainYes - Retain2465QuercusrubraRed Oak240 DeadRemove - DeadNo - Dead66Quercusrubrared oak62RetainYes - Retain667UlmusamericanaAmerican Elm83RetainYes - Retain868PopulusAlbaPoplar84RetainYes - Retain869PopulusAlbaPoplar184RetainYes - Retain1870QuercusrubraRed Oak163RetainYes - Retain1671QuercusrubraRed Oak223RetainYes - Retain2272QuercusrubraRed Oak243RetainYes - Retain2473QuercusrubraRed Oak143RetainYes - Retain1474QuercusmacrocarpaBur Oak363RetainYes - Retain3675QuercusrubraRed Oak263RetainYes - Retain2676QuercusrubraRed Oak254RetainYes - Retain2577QuercusmacrocarpaBur Oak363RetainYes - Retain3678QuercusmacrocarpaBur Oak353RetainYes - Retain3579QuercusmacrocarpaBur Oak293RetainYes - Retain2980QuercusmacrocarpaBur Oak360 DeadRemove - DeadNo - Dead81TiliaamericanaAmerican Basswood243RetainYes - Retain24Total Inches Removed - Heritage & Significant34982QuercusmacrocarpaBur Oak383RetainYes - Retain3883QuercusmacrocarpaBur Oak402RetainYes - Retain40Tree Replacement Calculation - 75% of Removed Inches261.7584PopulusAlbaWhite Poplar284RetainYes - Retain2885PopulusAlbaWhite Poplar243RetainYes - Retain24Approximate Escrow Amount ($100/inch)$26,175.0086QuercusrubraRed Oak243RetainYes - Retain2487AcersaccharinumSilver Maple342RetainYes - Retain34Heritage Trees Preserved2388QuercusrubraRed Oak462RetainYes - Retain4689QuercusrubraRed Oak502RetainYes - Retain50Approximate Escrow Credit - Retain Heritage Tree $250/ea-$5,750.0090QuercusmacrocarpaBur Oak283RetainYes - Retain28Rhamnus CatharticaCommon BuckthornHeavily Infested throughout Bluff Area Remove Approx 50' into Bluff Area - Invasive SpeciesTotal Approximate Escrow Amount to City$20,425.00Heritage Tree - Inches RemovedHeritage Trees - Inches RetainedSignificant Tree - Inches RemovedSignificant Tree - Inches Retained30719319263Page 139 of 202 E01 Bur Oak E02 Red Oak E03 American Elm E04 American Elm E05 Red Oak E06 Red Oak E07 Red Oak E08 Red Oak E09 Red Oak E10 Red Oak E11 Red Oak E12 Red Oak E13 American Elm E14 Red Oak E15 Red Oak E16 Red Oak E17 Red Oak E18 Red Oak E19 Red Oak E20 Red Oak E21 Red Oak E22 Red Oak E23 Red Oak E24 American Elm E25 Red Oak E26 Red Oak E27 Red Oak E28 American Basswood E29 Red Oak E30 Red Oak E31 Red Oak E32 Red Oak E33 American Basswood E34 American Basswood E35 American Basswood E36 Green Ash E37 American Elm E38 Bur Oak E39 American Basswood E40 American Basswood E41 American Elm E42 Bur Oak E43 Red Oak E44 Red OakE45 Common Hackberryh E46 Red OakE47 Red Oak E48 Red Oak E60 American Basswood E49 Red Oak E52 American Basswood E53 Red Oak E54 Red Oak E58 Red Oak E57 American Elm E55 Red Oak E56 Red Oak E59 Red Oak E61 Bur Oak E62 American Basswood E63 Bur Oak E64 Bur Oak E65 Red Oak E66 Red Oak E67 American Elm E68 Poplar E69 Poplar E70 Red Oak E71 Red Oak E72 Red Oak E73 Red Oak E74 Red Oak E75 Red Oak E76 Red Oak E77 Bur Oak E78 Bur Oak E92 Bur Oak E80 Bur Oak E91 American Basswood E82 Bur Oak E83 Bur Oak E84 White Poplar E85 White Poplar E86 Red Oak E87 Silver Maple E88 Red Oak E89 Red Oak E90 Bur Oak Heritage Tree Standing Dead Significant Tree To Remove Significant Tree To Retain Significant Tree Poor Health To Remove Significant Tree Standing Dead Heritage Tree To Retain Heritage Tree To Remove Key Existing Tree To Remove Existing Tree To Remain Pool Equip Sod Lawn Sod Lawn Sod Lawn Sod Lawn Bluff Zone Bluff Zone Bluff Zone Bluff Zone Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone24'-8 1/4"50 ' Setback from Bluff Line5 0 ' S e t b a ck f r o m B l u f f L i n e 50' Setback from Bluff Line Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area A p p r o x im a t e D is t ur b e d a r e a Approximate Disturbed area Approximate Disturbed areaApproximate Disturbed areaTree Protection Fence - Typ. Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com DateDate Issue NotesRevision Notes Homes By Tradition - Nelson Residence Tree Inventory XXXX Glenhill Rd Mendota Heights, MN 55118Scale: 1" = 10'-0" This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:__________________________Date Released:____/____/________ MG NO.NO. Sheet Sht-1 of 4 Designer: Design Associate: Print Date: File Name: 2025-12-23 2025-12-01_Nelson R2.vwx Measure Input: Measure Team: Site: XXXX Glenhill Rd Mendota Heights, MN 55118 Prepared for: Southview Design Prepared by: Sam Wallace, ISA Board Certified Master Arborist #MN-4493B Prepared on: 12/9/2025 Tag # Genus Species Common name DBH (in) Height (ft) Condition Notes Action Heritage Tree Heritage Inches - Remove Heritage Inches - Retain Significant Tree Significant Inches - Remove Significant Inches - Retain 1 Quercus macrocarpa bur oak 8 20 2 Retain Yes - Retain 8 2 Quercus rubra red oak 9 40 3 Retain Yes - Retain 9 3 Ulmus americana American elm 12 30 4 Remove - Within Building Footprint Yes - Remove 12 4 Ulmus americana American elm 6 30 4 Retain Yes - Retain 6 5 Quercus rubra red oak 10 40 4 Retain Yes - Retain 10 6 Quercus rubra red oak 12 45 4 Remove - Within Building Footprint Yes - Remove 12 7 Quercus rubra red oak 8 45 4 Remove - Within Building Footprint Yes - Remove 8 8 Quercus rubra red oak 7 35 3 Remove - Within Building Footprint Yes - Remove 7 9 Quercus rubra red oak 11 45 4 Remove - Within Building Footprint Yes - Remove 11 10 Quercus rubra red oak 11 40 3 Remove - Within Building Footprint Yes - Remove 11 11 Quercus rubra red oak 14 45 4 Remove - Within Building Footprint Yes - Remove 14 12 Quercus rubra red oak 16 50 4 Remove - Within Building Footprint Yes - Remove 16 13 Ulmus americana American elm 7 35 2 Remove - Within Building Footprint & Poor Health No - Poor Health 14 Quercus rubra red oak 18 45 3 Remove - Within Building Footprint Yes - Remove 18 15 Quercus rubra red oak 12 55 3 Remove - Within Building Footprint Yes - Remove 12 16 Quercus rubra red oak 12 50 3 Remove - Within Building Footprint Yes - Remove 12 17 Quercus rubra red oak 14 / 9 45 3 2 stem Remove - Within Building Footprint Yes - Remove 14 18 Quercus rubra red oak 8 30 2 Remove - Within Building Footprint Yes - Remove 8 19 Quercus rubra red oak 10 45 3 Remove - Within Building Footprint Yes - Remove 10 20 Quercus rubra red oak 10 45 3 Remove - Within Building Footprint Yes - Remove 10 21 Quercus rubra red oak 10 45 3 Retain Yes - Retain 10 22 Quercus rubra red oak 14 50 3 Remove - Within Building Footprint Yes - Remove 14 23 Quercus rubra red oak 12 45 3 Remove - Within Building Footprint Yes - Remove 12 24 Ulmus americana American elm 10 45 2 Remove - Within Building Footprint & Poor Health No - Poor Health 25 Quercus rubra red oak 20 50 3 Remove - Within Building Footprint Yes - Remove 20 26 Quercus rubra red oak 18 50 3 Remove - Within Building Footprint Yes - Remove 18 27 Quercus rubra red oak 12 / 8 45 2 2 stem Remove - Within Building Footprint & Poor Health No - Poor Health 28 Tilia americana American basswood 10 50 2 Remove - Within Building Footprint & Poor Health No - Poor Health 29 Quercus rubra red oak 10 / 10 55 3 2 stem Remove - Within Building Footprint Yes - Remove 10 30 Quercus rubra red oak 11 / 9 45 2 2 stem Remove - Within Building Footprint & Poor Health No - Poor Health 31 Quercus rubra red oak 18 60 4 Remove - Within Building Footprint Yes - Remove 18 32 Quercus rubra red oak 15 55 3 Remove - Within Building Footprint Yes - Remove 15 33 Tilia americana American basswood 10 50 3 Remove - Within Building Footprint Yes - Remove 10 34 Tilia americana American basswood 6 40 3 Remove - Within Building Footprint Yes - Remove 6 35 Tilia americana American basswood 7 40 3 Remove - Within Building Footprint Yes - Remove 7 36 Fraxinus pennsylvanica green ash 12 35 0 Heavily EAB infested Remove - Within Building Footprint & Poor Health No - Dead 37 Ulmus americana American elm 18 70 3 Retain Yes - Retain 18 38 Quercus macrocarpa bur oak 36 65 3 Retain Yes - Retain 36 39 Tilia americana American basswood 14 55 3 Remove - Within Building Footprint Yes - Remove 14 40 Tilia americana American basswood 10 / 10 / 10 50 2 3 stem Remove - Within Building Footprint & Poor Health No - Poor Health 41 Ulmus americana American elm 7 45 2 Remove - Within Building Footprint & Poor Health No - Poor Health 42 Quercus macrocarpa bur oak 26 35 0 Dead Remove - Within Building Footprint & Poor Health No - Dead 43 Quercus rubra red oak 30 55 4 Remove - Within Building Footprint Yes - Remove 30 44 Quercus rubra red oak 20 65 4 Retain Yes - Retain 20 45 Celtis occidentalis hackberry 20 60 3 Retain Yes - Retain 20 46 Quercus rubra red oak 16 65 3 Retain Yes - Retain 16 47 Quercus rubra red oak 28 65 3 Retain Yes - Retain 28 48 Quercus rubra red oak 30 55 0 Dead Remove - Dead No - Dead 49 Quercus rubra red oak 30 55 0 Dead Remove - Dead No - Dead Outside of Building Area - Bluff Area - Completed by Mike Goergen. Registered Landscape Architect. Lic. #56262 12/23/25 52 Tilia americana American Basswood 36 3 Multi stem Remove - Improve Views & Limit Shade to Pool Yes - Retain 36 53 Quercus rubra Red Oak 24 0 Dead Remove - Dead No - Dead 54 Quercus rubra Red Oak 24 3 Retain Yes - Retain 24 55 Quercus rubra Red Oak 6 4 Retain Yes - Retain 6 56 Quercus rubra Red Oak 24 4 Retain Yes - Retain 24 57 Ulmus americana American Elm 10 4 Retain Yes - Retain 10 58 Quercus rubra Red Oak 10 3 Retain Yes - Retain 10 59 Quercus rubra Red Oak 12 0 Dead Remove - Dead No - Dead 60 Tilia americana American Basswood 16 3 Remove - Improve Views & Limit Shade to Pool Yes - Retain 16 61 Quercus macrocarpa Bur Oak 42 0 Dead Remove - Dead No - Dead 62 Tilia americana American Basswood 12 3 Retain Yes - Retain 12 63 Quercus macrocarpa bur oak 36 1 Remove - Heavy Trunk Damage & Rot No - Dead/Diseased 64 Quercus macrocarpa Bur Oak 24 2 Retain Yes - Retain 24 65 Quercus rubra Red Oak 24 0 Dead Remove - Dead No - Dead 66 Quercus rubra red oak 6 2 Retain Yes - Retain 6 67 Ulmus americana American Elm 8 3 Retain Yes - Retain 8 68 Populus Alba Poplar 8 4 Retain Yes - Retain 8 69 Populus Alba Poplar 18 4 Retain Yes - Retain 18 70 Quercus rubra Red Oak 16 3 Retain Yes - Retain 16 71 Quercus rubra Red Oak 22 3 Retain Yes - Retain 22 72 Quercus rubra Red Oak 24 3 Retain Yes - Retain 24 73 Quercus rubra Red Oak 14 3 Retain Yes - Retain 14 74 Quercus macrocarpa Bur Oak 36 3 Retain Yes - Retain 36 75 Quercus rubra Red Oak 26 3 Retain Yes - Retain 26 76 Quercus rubra Red Oak 25 4 Retain Yes - Retain 25 77 Quercus macrocarpa Bur Oak 36 3 Retain Yes - Retain 36 78 Quercus macrocarpa Bur Oak 35 3 Retain Yes - Retain 35 79 Quercus macrocarpa Bur Oak 29 3 Retain Yes - Retain 29 80 Quercus macrocarpa Bur Oak 36 0 Dead Remove - Dead No - Dead 81 Tilia americana American Basswood 24 3 Retain Yes - Retain 24 Total Inches Removed - Heritage & Significant 349 82 Quercus macrocarpa Bur Oak 38 3 Retain Yes - Retain 38 83 Quercus macrocarpa Bur Oak 40 2 Retain Yes - Retain 40 Tree Replacement Calculation - 75% of Removed Inches 261.75 84 Populus Alba White Poplar 28 4 Retain Yes - Retain 28 85 Populus Alba White Poplar 24 3 Retain Yes - Retain 24 Approximate Escrow Amount ($100/inch)$26,175.00 86 Quercus rubra Red Oak 24 3 Retain Yes - Retain 24 87 Acer saccharinum Silver Maple 34 2 Retain Yes - Retain 34 Heritage Trees Preserved 23 88 Quercus rubra Red Oak 46 2 Retain Yes - Retain 46 89 Quercus rubra Red Oak 50 2 Retain Yes - Retain 50 Approximate Escrow Credit - Retain Heritage Tree $250/ea -$5,750.00 90 Quercus macrocarpa Bur Oak 28 3 Retain Yes - Retain 28 Rhamnus Cathartica Common Buckthorn Heavily Infested throughout Bluff Area Remove Approx 50' into Bluff Area - Invasive Species Total Approximate Escrow Amount to City $20,425.00 Heritage Tree - Inches Removed Heritage Trees - Inches Retained Significant Tree - Inches Removed Significant Tree - Inches Retained 30 719 319 263 Page 140 of 202 Scale: 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com DateDate Issue NotesRevision Notes Homes By Tradition - Nelson Residence Primary Conservation Areas XXXX Glenhill Rd Mendota Heights, MN 551181" = 10'-0" This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ MG NO.NO. Designer: Design Associate:Measure Team: Measure Input: Print Date: File Name: 2025-12-23 2025-12-01_Nelson R2.vwx Sheet Sht-2 of 4 E01 Bur Oak E02 Red Oak E03 American Elm E04 American Elm E05 Red Oak E06 Red Oak E07 Red Oak E08 Red Oak E09 Red Oak E10 Red Oak E11 Red Oak E12 Red Oak E13 American Elm E14 Red Oak E15 Red Oak E16 Red Oak E17 Red Oak E18 Red Oak E19 Red Oak E20 Red Oak E21 Red Oak E22 Red Oak E23 Red Oak E24 American Elm E25 Red Oak E26 Red Oak E27 Red Oak E28 American Basswood E29 Red Oak E30 Red Oak E31 Red Oak E32 Red Oak E33 American Basswood E34 American Basswood E35 American Basswood E36 Green Ash E37 American Elm E38 Bur Oak E39 American Basswood E40 American Basswood E41 American Elm E42 Bur Oak E43 Red Oak E44 Red OakE45 Common Hackberryh E46 Red OakE47 Red Oak E48 Red Oak E60 American Basswood E49 Red Oak E52 American Basswood E53 Red Oak E54 Red Oak E58 Red Oak E57 American Elm E55 Red Oak E56 Red Oak E59 Red Oak E61 Bur Oak E62 American Basswood E63 Bur Oak E64 Bur Oak E65 Red Oak E66 Red Oak E67 American Elm E68 Poplar E69 Poplar E70 Red Oak E71 Red Oak E72 Red Oak E73 Red Oak E75 Red Oak E76 Red Oak E77 Bur Oak E78 Bur Oak Pool Equip Sod Lawn Sod Lawn Sod Lawn Sod Lawn Bluff Zone Bluff Zone Bluff Zone Bluff Zone Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone PCA OVERLAY - FROM PRIMARY CONSERVATION AREA MAPPING APPLICATION - APPROXIMATE AREA OF CLEARING FOR CONSTRUCTION - 27,200 SF - APPROXIMATE AREA OF REMEDIATION (PLANTINGS, TREES< GRASS, SEED, ETC) - 17,350 SF 24'-8 1/4"50' Setback from Bluff Line5 0 ' S e t b a c k f ro m B l u f f L i n e 50' Setback from Bluff Line Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area A p p r ox im at e D is tu r b e d a re a Approximate Disturbed area Approximate Disturbed areaApproximate Disturbed areaTree Protection Fence - Typ. Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone Page 141 of 202 Scale: 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com DateDate Issue NotesRevision Notes Homes By Tradition - Nelson Residence Grading Plan & Drainage XXXX Glenhill Rd Mendota Heights, MN 551181" = 10'-0" This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________Date Released:__/__/____ MG NO.NO. Designer: Design Associate:Measure Team: Measure Input: Print Date: File Name: 2025-12-23 2025-12-01_Nelson R2.vwx Sheet Sht-3 of 4 Pool Equip No-Mow Fescue on steep slopes. Hydroseeded with outcropping boulders to assist with hillside stabilization - Approx 2500 SF Infiltration Basin Rain Garden Planting plugs. Typical plants: - Lobelia, Iris, Rudbeckia, Polemonium, Monarda, Phlox, Verbena, Eupatorium, Geum - Planted around the edge of the infiltration basin - Approx 250 SF Larger woody shrubs planted on steep slope within Fescue planting 42" tall fence Sod Lawn Sod Lawn Sod Lawn Sod Lawn Bluff Zone Bluff Zone Bluff Zone Bluff Zone Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone PCA OVERLAY - FROM PRIMARY CONSERVATION AREA MAPPING APPLICATION - APPROXIMATE AREA OF CLEARING FOR CONSTRUCTION - 27,200 SF - APPROXIMATE AREA OF REMEDIATION (PLANTINGS, TREES< GRASS, SEED, ETC) - 17,350 SF 24'-8 1/4"50' Setback from Bluff Line5 0 ' S e t b a c k f ro m B l u f f L i n e 50' Setback from Bluff Line NDS Catch Basin - Typ. Pool Deck Strip Drain - Piped to Infiltration basin 4" PVC Drain Lines - typ. Tree Protection Fence - Typ. Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone Page 142 of 202 Scale: 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651-203-3000 Fax: 651-455-1734 SouthviewDesign.com DateDate Issue NotesRevision Notes Homes By Tradition - Nelson Residence Preliminary Landscape Plan XXXX Glenhill Rd Mendota Heights, MN 551181" = 10'-0" This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Released By:______________ Date Released:__/__/____ MG NO.NO. Designer: Design Associate:Measure Team: Measure Input: Print Date: File Name: 2025-12-23 2025-12-01_Nelson R2.vwx Sheet Sht-4 of 4 11 North wind Switch Grass 10 Blonde Ambition Grass 6 Korean Feather Reed Grass 6Star of Beauty Masterwort 4 Ruby Star Coneflower 5Dwarf Fountain Grass 16 Standing Ovation Bluestem 5 Caradonna Meadow Sage 3Butterfly Weed 3 Phantom Joe Pye Weed 12 Flame Pink Garden Phlox 8 Blue Fortune Agastache 7 Robustissima Anemone 17Junior Walker Nepeta 8Ostrich Fern 7Cinnamon Fern 19 Millenium Allium 12 Kobold Liatris7 Becky Shasta Daisy 3 Slowmound Pine 1 Dwarf Globe Blue Spruce 1Little Devil Ninebark 9 Nearly Wild Rose 14 Dwarf Bush Honeysuckle 11 Gro-Low Fragrant Sumac 3 Cardinal Dogwood 3 Arctic Fire Red Twig Dogwood 2 Red Sprite Winterberry 2 Jim Dandy Winterberry 4 Emerald Fountain Hemlock 8Autumn Magic Chokeberry 4 Glow Girl Spirea 5Bobo Hydrangea 2 Medora Juniper E01 Bur Oak E02 Red Oak E04 American Elm E05 Red Oak E21 Red Oak E37 American Elm E38 Bur Oak E44 Red OakE45 Common Hackberryh E46 Red OakE47 Red Oak E60 American Basswood 1 Swamp White Oak 8 Whitespire Birch 3 Northern Red Oak 3Blue Beech E52 American Basswood E54 Red Oak E58 Red Oak E57 American Elm E55 Red Oak E56 Red Oak E62 American Basswood E64 Bur OakE66 Red Oak E67 American Elm E68 Poplar E69 Poplar E70 Red Oak E71 Red Oak E72 Red Oak E73 Red Oak E75 Red Oak E76 Red Oak E77 Bur Oak E78 Bur Oak Pool Equip No-Mow Fescue on steep slopes. Hydroseeded with outcropping boulders to assist with hillside stabilization - Approx 2500 SF Infiltration Basin Rain Garden Planting plugs. Typical plants: - Lobelia, Iris, Rudbeckia, Polemonium, Monarda, Phlox, Verbena, Eupatorium, Geum - Planted around the edge of the infiltration basin - Approx 250 SF Larger woody shrubs planted on steep slope within Fescue planting 42" tall fence Sod Lawn Sod Lawn Sod Lawn Sod Lawn Bluff Zone Bluff Zone Bluff Zone Bluff Zone Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone PCA OVERLAY - FROM PRIMARY CONSERVATION AREA MAPPING APPLICATION - APPROXIMATE AREA OF CLEARING FOR CONSTRUCTION - 27,200 SF - APPROXIMATE AREA OF REMEDIATION (PLANTINGS, TREES< GRASS, SEED, ETC) - 17,350 SF 24'-8 1/4"50' Setback from Bluff Line5 0 ' S e t b a c k f ro m B l u f f L i n e 50' Setback from Bluff Line Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area Remove Invasive Buckthorn in this area NDS Catch Basin - Typ. Pool Deck Strip Drain - Piped to Infiltration basin 4" PVC Drain Lines - typ. Tree Protection Fence - Typ. Significant Existing Vegetation Stand Zone Significant Existing Vegetation Stand Zone 1 Picea pungens 'Globosa' 4 Tsuga Canadensis 'Monler' 2 Juniperus scopulorum 'Medora' 3 Pinus mugo 'Slowmound' 5 Pennisetum alopecuroides 'Hameln' 6 Calamagrostis arundinacea brachytricha 11 Panicum virgatum 'North wind' 16 Schizachyrium scoparium 'Standing Ovation' 7 Leucanthemum x 'Becky' 10 Bouteloua Blonde Ambition 8 Agastache foeniculum 'Blue Fortune' 3 Asclepias tuberosa 5 Salvia nemorosa 'Caradonna' 7 Osmunda cinnamomea 12 Phlox paniculata 'Pink Flame' 17 Nepeta x faassenii 'Junior Walker' 12 Liatris spicata 'Kobold' 19 Allium 'Millenium' 8 Matteuccia struthiopteris 3 Eupatorium x 'Phantom' P.P.# 18354 7 Anemone tomentosa 'Robustissima' 4 Echinacea purpurea 'Ruby Star' (E.p. 'Rubinstern') 6 Astrantia major 'Star of Beauty' 3 Cornus stolonifera 'Farrow' P.P. #18523 8 Aronia melanocarpa 'Autumn Magic' 5 Hydrangea paniculata 'ILVOBO' 3 Cornus sericea 'Cardinal' 14 Diervilla lonicera 4 Spiraea betulifolia 'TorGold' 11 Rhus aromatica 'Gro-Low' 2 Ilex verticillata 'Jim Dandy' 1 Physocarpus opulifolius 'Donna May' 9 Rosa 'Nearly Wild' 2 Ilex verticillata 'Red Sprite' 3 Carpinus caroliniana 3 Quercus rubra 1 Quercus bicolor 8 Betula platyphylla japonica 'Whitespire' Page 143 of 202 Page 144 of 202 Page 145 of 202 Page 146 of 202 Page 147 of 202 Page 148 of 202 Page 149 of 202 Page 150 of 202 Page 151 of 202 Page 152 of 202 Page 153 of 202 Page 154 of 202 Page 155 of 202 Page 156 of 202 Page 157 of 202 Page 158 of 202 This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. From:Huinker, Taylor (DNR) To:Henriksen, Holly R; Sarah Madden Subject:RE: [EXTERNAL] New MRCCA Permit Application - Mendota Heights Date:Wednesday, January 21, 2026 11:14:08 AM Attachments:image002.png Hello, DNR agrees with the comments from NPS regarding the attention to drainage, erosion control, and bluff stability. Thank you, Taylor From: Henriksen, Holly R <holly_henriksen@nps.gov> Sent: Tuesday, January 20, 2026 1:12 PM To: Sarah Madden <SMadden@mendotaheightsmn.gov>; Huinker, Taylor (DNR) <Taylor.Huinker@state.mn.us> Subject: Re: [EXTERNAL] New MRCCA Permit Application - Mendota Heights Hi, Sarah - Thank you for the opportunity to review the proposed project. Based on the submitted plans, all proposed structures and grading activities appear to be outside the Bluff Impact Zone (BIZ), and the NPS does not identify issues requiring comment. We do, of course, recommend continued attention to slope stability during construction, particularly near the BIZ boundary. Implementing and maintaining erosion control measures and monitoring for any signs of instability will help ensure long-term protection of the bluff and adjacent areas. Thank you, and please let us know if there are any changes to this project moving forward. Best, Holly Henriksen Planner Phone: 651-293-8470 Email : holly_henriksen@nps.gov Mississippi National River & Recreation Area 111 Kellogg Blvd E, Suite 105 St. Paul MN 55101 www.nps.gov/miss Page 159 of 202 From: Sarah Madden <SMadden@mendotaheightsmn.gov> Sent: Thursday, January 15, 2026 11:59 AM To: 'taylor.huinker@state.mn.us' <taylor.huinker@state.mn.us>; Henriksen, Holly R <holly_henriksen@nps.gov> Subject: [EXTERNAL] New MRCCA Permit Application - Mendota Heights This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Good Morning, The City of Mendota Heights has received a new MRCCA Permit request from Homes By Tradition, LLC for a new single-family home at the vacant parcel at the northwest corner of Glenhill Road and Victoria Curve. (PID#278125100013) and has marked it complete. The application materials are attached. This is a larger parcel, just under 3 acres in size, however the area outside of the BIZ is limited. The developer will be using as much of the available space as they are able, illustrated on the site and grading plan. The plans do show that the extent of the grading work will be right up to the boundary of the BIZ boundary on the property, and will include an 8-ft retaining wall just before said boundary. Please let me know if you have any comments/questions! Website | Connect Sarah Madden Community Development ManagerCity of Mendota HeightsD: 651-255-1142 smadden@mendotaheightsmn.govPronouns: she/her Page 160 of 202 Page 161 of 202 Page 162 of 202 Page 163 of 202 Page 164 of 202 Page 165 of 202 Page 166 of 202 Page 167 of 202 Page 168 of 202 Page 169 of 202 Page 170 of 202 lEMPORARY ROCK CONSTRlJCTIOO SlTE DITRANCE PAO CONSTRUCTION OF SILT f(NO:: o) lnslollotion of silt lence or Bio Rolls prlor to <my construction activity. b) lnstollotion of rock construction entrance prior lo any construction activity. c) The site shall be re-vegetated within 48 hours of final g<odlng. d) Install londscoplng os per landscape pion. 2. Erosion and Sediment Control Measures All best management practkes (BMPS) determined by the Engineer to be effective ore ovolloble for use on the site. BMPs ontlclpoted to be used on the Project indude \he followlng: • Sill Fence • Temporary Rock Construction Site Entrance Pod • Concrete Mixing/Washout Bos!ns shall be token offslle • Fino\ landscaping with Seed, Fer\Oiier, Topso� or Sod • Street Sweeping 3. Inspection and Malntenonce The Controctor Is responsjb)e for providing, mointolning ond removing all Erosion Control BMPs, os set forth above, which includes all molerials, equipment and lobor. Owner is responsible for having the Controctor lns\oll, malntoin ond remove the BMPs as set forth above, D DEN01£S BllUMINOUS SURFACE TOTAL LOT: 127,4B5 SQ. FT. OR 2.93 ACRES BASIS OF BEARINGS: DAKOTA COUNTY COORDINATES NAD83 (1986 ADJ,} SITE & GRADING PLAN INflLTRATION BASIN VOL (BTM ELEVATION 876.80}"' 618 CF INflLTRATION BASIN VOL (SHI ELEVATION 890.80} "' 215 CF TOTAL VOLUME INFlLTRAlEO "' 833 CF HORIZONTAL SCALE 1 INCH "' 30 FEET VERTICAL SCALE 1 INCH -10 FEET rn .. t tt«r>e, Sy Trarili<m 16912 BrMdtj,n form Dr. lol.el'ile, l!N 550H /.AKE & LAND SURVEYlNG, ""· SUll¥tYDIG/CML � J200 Cl!Mt!ll Flll!llt, SUiit :rn; 6"1:P!lll,lll<Ml20 Pllllill(Ml)'l'l&-$211 E-IWL: wtlllDL.\ll.1Jel'll!rtOOKf.Oll tE r 20 FEET Oositp by Or...,oldilto ,...,_ .... ..._ ___ .. • 12-a-202� ;e-::.::.z:::r:--..... d ':'o':.o -�,,,��"''''0nm, hy ffo,i<!or,, • 1-22-1016 H&-101!i ...12-23--25 -..... 4%2J Siney bool llo.Pogo !Ille SITE & GRAOmG J'LI.� S.A.P.nurnb« Sl> .. t numb« ,, 1025.315 Submitted to CC 2-4-2026 e1✓ / ...­✓¥�.,,,,. .p'•�> / / / ��V�SfO"d 7-�/ ...-...-...-5'gni&oi,t�V�St-crld'Z«-PCA OVERLAY -Fl<OM PRIMAl<Y =NSel<VAilON AREA MAPPING APPLJCA110N -A.C"P!'!OXIMATE AREA OF Cl.EARING FOR =NSTRUCilON -71,200 SF -APPROXIMATE AREA OF REMEDIA110N (Pl.ANTlNGS. 11REE5< GRASS, SEED, ETC) -17.350 SF �::----""----e:..,.1 --[:""" .'!«!Od,,. 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C � Q) � >-CQ tn Cl) E 0 :I: I Submitted to CC 2-4-2026 9.c REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Resolution 2026-09 Approving Option and Lease Agreement Between The Tower, LLC and the City of Mendota Heights at Wentworth Park ITEM TYPE: New and Unfinished Business DEPARTMENT: Engineering CONTACT: Ryan Ruzek, Public Works Director ACTION REQUEST: Approve an option and lease agreement for a new proposed cellular facility at Wentworth Park. BACKGROUND: City staff have been discussing a proposal to install a cellular tower with representatives from Buell Consulting. The consultant represents Vertical Bridge which is a partner of Verizon Wireless but would also work with additional providers for future collocating on the proposed cell tower. If Council approves of the option and lease, the applicant will develop construction plans and apply for a Conditional Use Permit (CUP). The CUP is anticipated for review and a public hearing at the planning commission in either March or April. FISCAL AND RESOURCE IMPACT: The City will receive a payment of $5,000 for the first year option on the site. If the applicant requires to extend the option period for one year, an additional payment of $3,500 will be required. The monthly lease rate will be $1,250 with an annual two percent (2%) increase. The lease may be renewed for up to 40 years. ATTACHMENTS: 1.Res 2026-09 Resolution Approving Option and Lease Agreement Between the Towers, LLC and the City of Mendota Heights at Wentworth Park 2.Option and Lease Agreement Ground Lease_US-MN-5418_P-065976_Verizon Midwest BTS (1) CITY COUNCIL PRIORITY: Page 171 of 202 Economic Vitality & Community Vibrancy, Premier Public Services & Infrastructure, Inclusive and Responsive Government Page 172 of 202 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2026-09 RESOLUTION APPROVING OPTION AND LEASE AGREEMENT BETWEEN THE TOWERS, LLC AND THE CITY OF MENDOTA HEIGHTS AT WENTWORTH PARK WHEREAS, The City of Mendota Heights (“Landlord”) owns certain real property located in the County of Dakota, in the State of Minnesota, that is more particularly described as Lot 34, Auditors Subdivision No. 3, Section 24, Township 28N, Range 23W, Parcel ID 27-03800-34-010 (the “Property”); and WHEREAS, The Towers, LLC (“Tenant”) desires to lease from Landlord a certain portion of the Property measuring approximately 2,500 square feet and to obtain easements for construction staging area, landscape buffer, utilities and access for the placement of Communications Facilities. WHEREAS, the Subject Property is guided PSP - Public/Semi-Public in the 2040 Comprehensive Plan, and is situated in the R-1 One Family Residential District; and WHEREAS, City Code Section 12-lD-14 requires a conditional use permit approval for any new or additional wireless antennas or communication systems which Tenant will apply for in the future; and WHEREAS, Installing the new wireless antennas and equipment will help increase cellular coverage and data and cellular capacity in the city's service area. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1.The Option and Lease Agreement, Memorandum of Option to Lease, Memorandum of Lease are approved; and 2.The Mayor and City Administrator are authorized to execute the Option and Lease Agreement, Memorandum of Option to Lease, Memorandum of Lease, easements, and all other documents necessary to complete the agreement between the City and the Tenant. Adopted by the City Council of the City of Mendota Heights this fourth day of February, 2026. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY________________________________ ATTEST Stephanie B. Levine, Mayor BY_________________________ Nancy Bauer, City Clerk Page 173 of 202 1 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH Landlord: City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Tenant: The Towers, LLC 22 W. Atlantic Ave., Suite 310 Delray Beach, Florida 33444 Site #: US-MN-5418 Site Name: BLOWFISH OPTION AND LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT (this “Agreement”) is made this day of , 20 (the “Effective Date”) by and between the City of Mendota Heights, a Minnesota municipal corporation, (“Landlord”), whose address is 1101 Victoria Curve, Mendota Heights, Minnesota 55118, and The Towers, LLC, a Delaware limited liability company (“Tenant”), whose address is 22 W. Atlantic Ave., Suite 310, Delray Beach, FL 33444. WHEREAS, Landlord owns certain real property located in the County of Dakota, in the State of Minnesota, that is more particularly described and/or depicted in Exhibit 1 attached hereto (the “Property”); and, WHEREAS, Tenant desires to lease from Landlord a certain portion of the Property measuring approximately 2,500 square feet and to obtain easements for construction staging area, landscape buffer, utilities and access (collectively, the “Premises”), which Premises is more particularly described and/or depicted in Exhibit 2 attached hereto, for the placement of Communications Facilities (defined below). NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree: 1.OPTION TO LEASE. (a)As of the Effective Date, Landlord grants to Tenant the exclusive option to lease the Premises (the “Option”) during the Option Period (defined below). At any time during the Option Period and Term (defined below), Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property (collectively, the “Tests”), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant’s sole discretion for its use of the Premises including, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, construction permits and any other permits and approvals deemed necessary by Tenant (collectively, the “Government Approvals”), initiate the ordering and/or scheduling of necessary utilities, obtain a title report with respect to the Property, and otherwise to do those things on or off the Property that, in the opinion of Tenan t, are necessary in Tenant’s sole discretion to determine the physical condition of the Property, the environmental history of the Property, and the feasibility or suitability of the Property for Tenant’s permitted use under this Agreement, all at Tenant’s expense. Tenant shall be authorized to apply for the Government Approvals on Page 174 of 202 2 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH behalf of Landlord and Landlord agrees to reasonably cooperate with such applications. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant’s Tests. Tenant will restore the Property to its condition as it existed prior to conducting any Tests, reasonable wear and tear and casualty not caused by Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord, its officials, employees, and agents harmless from and against any and all injury, loss, damage or claims arising directly out of Tenant’s Tests. (b)In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Five Thousand Dollars ($5,000.00) within thirty (30) days of the full execution of this Agreement. The Option Period will be for a term of one (1) year from the Effective Date (the “Initial Option Period”) and may be renewed by Tenant for an additional one (1) year period (“Renewal Option Period”) upon written notification to Landlord and the payment of an additional Three Thousand Five Hundred Dollars ($3,500.00) for the Renewal Option Period prior to the expiration date of the of the Initial Option Period as hereinafter defined. Unless utilized independently, the Initial Option Period and any Renewal Option Period shall be referred to collectively as the “Option Period.” (c)Tenant may exercise the Option at any time during the Option Period by delivery of written notice to Landlord (the “Notice of Exercise of Option”). The Notice of Exercise of Option shall set forth the commencement date (the “Commencement Date”) of the Initial Term (defined below). If Tenant does not provide a Notice of Exercise of Option during the Option Period, this Agreement will terminate and the parties will have no further liability to each other. (d)During the Option Period or the Term, Landlord shall not take any action to change the zoning status or land use of the Property which would diminish, impair, or adversely affect the use of the Premises by Tenant for its permitted uses hereunder. 2.TERM. (a)Effective as of the Commencement Date, Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement for an initial term of five (5) years (the “Initial Term”). (b)Tenant shall have the option to extend the Initial Term for seven (7) successive terms of five (5) years each (each a “Renewal Term”). Each Renewal Term shall commence automatically, unless Tenant delivers notice to Landlord, not less than thirty (30) days prior to the end of the then-current Term, of Tenant’s intent not to renew. For purposes of this Agreement, “Term” shall mean the Initial Term and any applicable Renewal Term(s). 3.RENT (a)Beginning on the first (1st) day of the third (3rd) month after the Commencement Date (“Rent Commencement Date”), Tenant shall pay to Landlord a monthly rent payment of One Thousand Two Hundred and Fifty Dollars ($1,250.00) (“Rent”) at the address set forth in Section 29 below on or before the fifth (5th) day of each calendar month in advance. The initial payment of Rent will be forwarded by Tenant to Landlord within thirty (30) days after the Rent Commencement Date. Page 175 of 202 3 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (b)The Rent shall increase by 2.00% annually on each anniversary of the Rent Commencement Date. 4.TAXES. Tenant acknowledges that the Property, including the Premises, is currently exempt from property taxes. Tenant shall pay as additional rent any personal property taxes in lieu of property taxes that are attributable to the Communications Facilities (defined below) located on the Premises. 5.USE. The Premises are being leased for the purpose of erecting, installing, operating, maintaining, repairing and replacing radio or communications towers, transmitting and receiving equipment, antennas, dishes, satellite dishes, mounting structures, equipment shelters and buildings, solar energy conversion and electrical power generation system, fencing and other supporting structures and related equipment (collectively, the “Communications Facilities”), and to alter, supplement and/or modify same (collectively, the “Permitted Use”). Pursuant to Mendota Heights City Code Sections 12-3B-1.1 and 12- 3B-5.B.7, the Permitted Use is subject to Conditional Use Permit (“CUP”) approval by the City Council of the City of Mendota Heights. Tenant shall comply with all conditions imposed by such CUP. To the extent allowed by the CUP and subject to the foregoing, Tenant may, make any improvements, alterations or modifications to the Premises as are deemed appropriate by Tenant for the Permitted Use. Prior to commencing any such improvements, alterations, or modifications, Tenant shall advise the Landlord of its plans, and provide a copy of any related drawings or plan sets for review by the Public Works Director. To the extent allowed by the CUP, Tenant shall have the right to clear the Premises of any trees, vegetation, or undergrowth which interferes with the use of the Premises for the intended purposes by Tenant and/or its subtenants and licensees, as applicable. Any such clearing shall comply with any applicable laws, ordinances, or regulations related to tree preservation. Tenant shall have the exclusive right to install and operate the Communications Facilities upon the Premises. 6.ACCESS AND UTILITIES. During the Term, Tenant and its guests, agents, employees, customers, invitees, subtenants, licensees and assigns shall have the unrestricted, exclusive right to use, and shall have free and unfettered access to, the Premises seven (7) days a week, twenty-four (24) hours a day. Landlord for itself, its successors and assigns, hereby grants and conveys unto Tenant, its customers, employees, agents, invitees, subtenants, licensees, successors and assigns a non-exclusive easement throughout the Term to a public right of way (a) for ingress and egress, and (b) for the construction, installation, operation, maintenance, repair and replacement of overhead and underground electric and other utility facilities (including fiber, backhaul, wires, poles, guys, cables, conduits and appurtenant equipment), with the right to reconstruct, improve, add to, enlarge, change and remove such facilities, over, across and through any easement for the benefit of and access to the Premises, subject to the terms and conditions herein set forth. Landlord agrees to coordinate, cooperate and assist Tenant with obtaining the required access and utility easements to the Premises from a public right of way up to and including negotiating and obtaining such access and utility rights from any applicable neighbor parcel. If there are utilities already existing on the Premises which serve the Premises, Tenant may utilize such utilities and services. The rights granted to Tenant herein shall also include the right to partially assign its rights hereunder to any public or private utility company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably necessary for Tenant’s safe and efficient use and enjoyment of the easements for the purposes described above. Concurrent with the execution of this Agreement,Landlord shall execute and deliver to Tenant requisite recordable documents evidencing the easements contemplated hereunder to be recorded, and Tenant’s sole cost and expense, in the Office of the Dakota County Recorder and/or Registrar of Titles at the time of recording of the Memorandum of Lease (defined below), and Landlord shall obtain the consent and joinder of Landlord’s mortgagee to any such grant, if applicable. 7.EQUIPMENT, FIXTURES AND REMOVAL. The Communications Facilities shall at all times be the personal property of Tenant and/or its subtenants and licensees, as applicable. Tenant or its Page 176 of 202 4 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH customers, subtenants or licensees shall have the right to erect, install, maintain, repair, replace and operate on the Premises such equipment, structures, fixtures, signs, and personal property as Tenant, its customers, subtenants or licensees may deem necessary or appropriate, and such property, including the equipment, structures, fixtures, signs, and personal property currently on the Premises, shall not be deemed to be part of the Premises, but shall remain the property of Tenant or its customers, subtenants or licensees. Within ninety (90) days after the expiration or earlier termination of this Agreement (the “Removal Period”), Tenant, customers, subtenants or licensees shall remove its improvements and personal property and restore the Premises to grade and perform all obligations under this Agreement during the Removal Period, including, without limitation, the payment of Rent at the rate in effect upon the expiration or termination of this Agreement. 8.ASSIGNMENT AND SUBLEASE. Tenant may transfer or assign this Agreement to Tenant’s Lender (defined below), principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all of or substantially all of Tenant’s assets or ownership interests by reasons of merger, acquisition or other business reorganization without Landlord’s consent (a “Permitted Assignment”). As to transfers or assignments which do not constitute a Permitted Assignment, Tenant is required to obtain Landlord’s written consent prior to effecting such transfer or assignment, which consent shall not be unreasonably withheld, conditioned or delayed. Upon such assignment, including a Permitted Assignment , Tenant will be relieved and released of all obligations and liabilities hereunder. Tenant shall have the exclusive right to sublease or grant licenses without Landlord’s consent to use all or part of the Premises and/or the Communications Facilities, but no such sublease or license shall relieve or release Tenant from its obligations under this Agreement. Landlord may assign this Agreement only in its entirety and only to any person or entity who or which acquires fee title to the Property, subject to Section 15. Landlord may subdivide the Property without Tenant’s prior written consent provided the resulting parcels from such subdivision are required to afford Tenant the protections set forth in Section 14 hereof. 9.COVENANTS, WARRANTIES AND REPRESENTATIONS. (a)Landlord warrants and represents that it is the owner in fee simple of the Property, free and clear of all liens and encumbrances except as to those which may have been disclosed to Tenant in writing prior to the execution hereof, and that it alone has full right to lease the Premises for the Term. (b)Landlord shall pay promptly, when due, any other amounts or sums due and owing with respect to its ownership and operation of the Property, including, without limitation, judgments, taxes, liens, mortgage payments and other similar encumbrances. If Landlord fails to make any payments required under this Agreement, or breaches any other obligation or covenant under this Agreement, Tenant may (without obligation), after providing ten (10) days written notice to Landlord, make such payment or perform such obligation on behalf of Landlord and offset such payment (including any reasonable attorneys’ fees incurred in connection with Tenant performing such obligation) against payments of Rent.. (c)Landlord shall not do or knowingly permit anything that will interfere with or negate any conditional use permit or approval pertaining to the Premises or cause Tenant’s use of the Premises to be in nonconformance with applicable local, state, or federal laws. Landlord shall cooperate with Tenant in any effort by Tenant to obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities, at no cost to Landlord. Landlord agrees to execute any necessary applications, consents or other documents as may be reasonably necessary for Tenant to apply for and obtain the Government Approvals required to use and maintain the Premises and the Communications Facilities. (d)To the best of Landlord’s knowledge, Landlord has complied and shall comply with all laws with respect to the Property. No asbestos-containing thermal insulation or products containing PCB, Page 177 of 202 5 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH formaldehyde, chlordane, or heptachlor or other hazardous materials have been placed on or in the Property by Landlord or, to the knowledge of Landlord, by any prior owner or user of the Property. There has been no release of or contamination by hazardous materials on the Property by Landlord, or to the knowledge of Landlord, any prior owner or user of the Property. (e)Tenant shall have access to all utilities required for the operation of Tenant’s improvements on the Premises that are existing on the Property. (f)Landlord warrants and represents that there currently exist no licenses, sublicenses, or other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of the Property; there are no outstanding options or rights of first refusal to purchase the Property or any portion thereof or interest therein, or any equity or interest in Landlord if Landlord is an entity; and there are no parties (other than Landlord) in possession of the Property except as to those that may have been disclosed to Tenant in writing prior to the execution hereof. 10.HOLD OVER TENANCY. Should Tenant or any assignee, sublessee or licensee of Tenant hold over the Premises or any part thereof after the expiration of this Agreement, such holdover shall constitute and be construed as a tenancy from month-to-month only, but otherwise upon the same terms and conditions. 11.INDEMNITIES. Each party agrees to indemnify, defend and hold harmless the other party, its parent company or other affiliates, successors, assigns, officers, directors, shareholders, managers, members, agents and employees (collectively, “Indemnified Persons”) from and against all claims, actions, judgments, damages, liabilities, losses, expenses and costs (including, without limitation, reasonable attorneys’ fees and court costs) (collectively, “Losses”) caused by or arising out of (a) such party’s breach of any of its obligations, covenants, representations or warranties contained herein, or (b) such party’s acts or omissions with regard to this Agreement; provided, however, in no event shall a party indemnify the other party for any such Losses to the extent arising from the negligence or willful misconduct of the party seeking indemnification. However, in the event of an Indemnified Person’s contributory negligence or other fault, the Indemnified Person shall not be indemnified hereunder to the extent that the Indemnified Person’s negligence or other fault caused such Losses. Tenant will indemnify Landlord from and against any mechanic’s liens or liens of contractors and subcontractors engaged by or through Tenant. This Agreement will not be construed to negate, abridge, or waive the City’s immunities of limits on liability pursuant to Minnesota Statutes, Chapter 466, or any other applicable law, rule, or regulation, including common law. 12.WAIVERS. (a)Landlord hereby waives any and all lien rights it may have, statutory or otherwise, in and to the Communications Facilities or any portion thereof, regardless of whether or not such is deemed real or personal property under applicable laws. Landlord will not assert any claim whatsoever against Tenant for loss of anticipatory profits or any other indirect, special, incidental or consequential damages incurred by Landlord as a result of the construction, maintenance, operation or use of the Premises by Tenant. (b)EACH PARTY HERETO WAIVES ANY AND ALL CLAIMS AGAINST THE OTHER FOR ANY LOSS, COST, DAMAGE, EXPENSE, INJURY OR OTHER LIABILITY WHICH IS IN THE NATURE OF INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH ARE SUFFERED OR INCURRED AS THE RESULT OF, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED TO THE PERFORMANCE OF THE OBLIGATIONS UNDER THIS AGREEMENT. Page 178 of 202 6 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH 13. INSURANCE. Tenant shall insure against property damage and bodily injury arising by reason of occurrences on or about the Premises in the amount of not less than $1,000,000. The insurance coverage provided for herein may be maintained pursuant to master policies of insurance covering other communication facilities of Tenant and its corporate affiliates. All insurance policies required to be maintained by Tenant hereunder shall be with responsible insurance companies, authorized to do business in the State of Minnesota, and shall provide for cancellation only upon ten (10) days’ prior written notice to Landlord. Tenant shall evidence such insurance coverage by delivering to Landlord, if requested, a copy of a certificate of insurance of such policies issued by the insurance companies underwriting such risks. 14. INTERFERENCE. During the Option Period and the Term, Landlord, its successors and assigns, will not grant any ground lease, license, or easement with respect to the Property (outside of the Premises) and any property adjacent or contiguous to the Property or in the immediate vicinity of the Property that is fee owned by Landlord: (a) for any of the uses contemplated in Section 5 herein; or (b) if such lease, license, or easement would detrimentally impact the Communications Facilities or Tenant’s economic opportunities at the Premises, or the use thereof. Landlord shall not cause or permit the construction of communications or broadcast towers or structures, fiber optic backhaul facilities, or satellite facilities on the Property or on any other property of Landlord adjacent or contiguous to or in the immediate vicinity of the Property, except for the Communications Facilities constructed by Tenant. Landlord and Tenant intend by this Agreement for Tenant (and persons deriving rights by, through, or under Tenant) to be the sole parties to market, use, or sublease any portion of the Property for Communications Facilities during the Option Period and the Term. Landlord agrees that this restriction on the use of the Property is commercially reasonable, not an undue burden on Landlord, not injurious to the public interest, and shall be specifically enforceable by Tenant (and persons deriving rights by, through or under Tenant) in a court of competent jurisdiction. The foregoing restriction shall run with the land and be binding on the successors and assigns of Landlord. 15. RIGHT OF FIRST REFUSAL. In the event Landlord determines to sell, transfer, license or otherwise convey any interest, whether fee simple interest, easement interest, leasehold, or otherwise, and whether direct or indirect by way of transfer of ownership interests in Landlord if Landlord is an entity, which interest underlies or affects any or all of the Premises (the “ROFR Property”) to any third party that is a Third Party Competitor (as defined below), Landlord shall offer Tenant a right of first refusal to purchase the Premises (or such larger portion of the Property that encompasses the Premises, if applicable). For purposes herein, a “Third Party Competitor” is any person or entity directly or indirectly engaged in the business of owning, acquiring, operating, managing, investing in or leasing communications infrastructure or any person or entity directly or indirectly engaged in the business of owning, acqu iring, or investing in real property leases or easements underlying communications infrastructure. In such event, Landlord shall send a written notice to Tenant in accordance with Section 29 below that shall contain an offer to Tenant of a right of first refusal to purchase the ROFR Property, together with a copy of any offer to purchase, or any executed purchase agreement or letter of intent (each, an “Offer”), which copy shall include, at a minimum, the purchase price or acquisition price, proposed closing date, and financing terms (collectively, the “Minimum Terms”). Within thirty (30) days of receipt of such Offer, Tenant shall provide written notice to Landlord of Tenant’s election to purchase the ROFR Property on the same Minimum Terms, provided: (a) the closing date shall be no sooner than sixty (60) days after Tenant’s purchase election notice; (b) given Landlord’s direct relationship and access to Tenant, Tenant shall not be responsible for payment of any broker fees associated with an exercise of Tenant’s rights to acquire the ROFR Property; and, (c) Tenant shall not be required to match any components of the purchase price which are speculative or incalculable at the time of the Offer. In such event, Landlord agrees to sell the ROFR Property to Tenant subject to Tenant’s payment of the purchase price and compliance with a purchase and sale agreement to be negotiated in good faith between Landlord and Tenant. If Tenant provides written Page 179 of 202 7 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH notice that it does not elect to exercise its right of first refusal to purchase the ROFR Property, or if Tenant does not provide notice of its election within the thirty (30) day period, Tenant shall be deemed to have waived such right of first refusal only with respect to the specific Offer presented (and any subsequent Offers shall again be subject to Tenant’s continuing right of first refusal hereunder), and Landlord shall be permitted to consummate the sale of the ROFR Property in accordance with the strict terms of the Offer (“Permitted Sale”). If Landlord does not consummate the Permitted Sale within ninety (90) days of the date of Tenant’s waiver of its right of first refusal, including if the Minimum Terms are modified between Landlord and the Third Party Competitor, Landlord shall be required to reissue a New Offer to Tenant. 16. SECURITY. The parties recognize and agree that Tenant shall have the right to safeguard and protect its improvements located upon or within the Premises. Consequently, Tenant may elect, at its expense, to construct such enclosures and/or fences as Tenant reasona bly determines to be necessary to secure the Communications Facilities. Such enclosures and/or fences shall comply with applicable City Code provisions, and Tenant shall obtain any permits that may be required by City Code for the same. Tenant may also undertake any other appropriate means to restrict access to the Communications Facilities including, without limitation, if applicable, installing security systems, locks and posting signs for security purposes and as may otherwise be required by law. 17. FORCE MAJEURE. The time for performance by Landlord or Tenant of any term, provision, or covenant of this Agreement shall be deemed extended by time lost due to delays resulting from acts of God, strikes, civil riots, floods, pandemics, material or labor restrictions by governmental authority, government shutdowns, quarantines, and/or other disease control measures and any other cause not within the control of Landlord or Tenant, as the case may be. 18. CONDEMNATION; CASUALTY. (a) In the event Landlord receives any notice of any condemnation proceedings, or other proceedings in the nature of eminent domain related to the Property or the Premises, it will forthwith send a copy of such notice to Tenant. If all or any part of the Premises is taken by eminent domain, Tenant may, upon written notice to Landlord, elect to terminate this Agreement, whereupon neither party shall have any further liability or obligation hereunder. Notwithstanding any provision of this Agreement to the contrary, in the event of condemnation of all or any part of the Premises, Landlord and Tenant shall be entitled to separate awards with respect to the Premises, in the amount determined by the court conducting such condemnation proceedings based upon Landlord’s and Tenant’s respective interests in the Premises. If a separate condemnation award is not determined by such court, Landlord shall permit Tenant to participate in the allocation and distribution of the award. In no event shall the condemnation award t o Landlord exceed the unimproved value of the Premises, without taking into account the improvements located thereon. (b) In case of damage to the Premises or the Communications Facilities by fire or other casualty, Landlord shall, at its expense, cause any damage to the Property (excluding the Communications Facilities or any part of the Premises) to be repaired to a condition as nearly as practicable to that existing prior to the damage, with reasonable speed and diligence, subject to delays which may arise by reason of adjustment of loss under insurance policies, governmental regulations, and for delays beyond the control of Landlord, including a force majeure. Landlord shall coordinate with Tenant as to the completion of Landlord’s work to restore the Property so as not to adversely impact Tenant’s use of the Premises and the Communications Facilities. Landlord shall not be liable for any inconvenience or annoyance to Tenant, or injury to Tenant’s business or for any consequential damages resulting in any way from such damage or the repair thereof, except to the extent and for the time that the Communications Facilities or the Premises are thereby rendered unusable for Tenant’s intended purpose the Rent shall proportionately abate. In the event Page 180 of 202 8 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH the damage shall be so extensive that Tenant shall decide, in its sole discretion, not to repair or rebuild the Communications Facilities, or if the casualty shall not be of a type insured against under standard fire policies with extended type coverage, or if the holder of any mortgage, deed of trust or similar security interest covering the Communications Facilities shall not permit the application of adequate insurance proceeds for repair or restoration, this Agreement shall, at the sole option of Tenant, exercisable by written notice to Landlord, be terminated as of the date of such casualty, and the obligation to pay Rent (taking into account any abatement as aforesaid) shall cease as of the termination date and Tenant shall thereupon promptly vacate the Premises. 19.DEFAULT. The failure of Tenant or Landlord to perform any of the covenants of this Agreement shall constitute a default. The non-defaulting party shall give the other written notice of such default, and the defaulting party shall cure such default within thirty (30) days after receipt of such notice. In the event any such default cannot reasonably be cured within such thirty (30) day period, if the defaulting party shall proceed promptly after the receipt of such notice to cure such default, and shall pursue curing such default with due diligence, the time for curing shall be extended for such period of time as may be necessary to complete such curing, however, in no event shall this extension of time be in excess of sixty (60) days, unless agreed upon by the non-defaulting party. 20.REMEDIES. Should the defaulting party fail to cure a default under this Agreement, the other party shall have all remedies available either at law or in equity, and the right to terminate this Agreement. In the event Landlord elects to terminate this Agreement due to a default by Tenant (which remains uncured by Lender), Landlord shall continue to honor all sublease and license commitments made by Tenant through the expiration of the term of any such commitment and shall be entitled to collect and retain the rents or license fees associated with such subleases or license commitments, it being intended hereby that each such commitment shall survive the early termination of this Agreement. 21.ATTORNEYS’ FEES. If there is any legal proceeding between Landlord and Tenant arising from or based on this Agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party all costs and expenses, including, without limitation, reasonable attorneys’ fees and disbursements, incurred by such prevailing party in such action or proceeding and in any appeal in connection therewith. If such prevailing party recovers a judgment in any such action, proceeding or appeal, such costs, expenses and attorneys’ fees and disbursements shall be included in and as a part of such judgment. 22.ADDITIONAL TERMINATION RIGHT. If at any time during the Term, Tenant determines, in Tenant’s sole and absolute discretion, with or without cause, that the Premises is no longer suitable or desirable for Tenant’s intended use and/or purposes, Tenant shall have the right to terminate this Agreement upon sixty (60) days prior written notice to Landlord. 23.PRIOR AGREEMENTS. The parties hereby covenant, recognize and agree that the terms and provisions of this Agreement shall constitute the sole embodiment of the arrangement between the parties with regard to the Premises, and that all other written or unwritten agreements, contracts, or leases by and between the parties with regard to the Premises are hereby terminated, superseded and replaced by the terms hereof. 24.SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT. In the event the Property is encumbered by a mortgage or deed of trust or other security instrument of any kind (a “Landlord Mortgage”), Landlord, within fifteen (15) days following Tenant’s request or immediately prior to the creation of any encumbrance created after the date this Agreement is fully executed, will obtain from the holder of each such Landlord Mortgage a fully-executed subordination, non-disturbance and attornment agreement (an “SNDA”) in recordable form, which shall be prepared or approved by Tenant. The holder of Page 181 of 202 9 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH every such Landlord Mortgage shall, in the SNDA, agree that in the event of a foreclosure, or conveyance in lieu of foreclosure of Landlord’s interest in the Premises, such Landlord Mortgage holder shall recognize and confirm the validity and existence of this Agreement, not disturb the tenancy of Tenant (and its customers, subtenants, and licensees) and Tenant (and its customers, subtenants, and licensees) shall have the right to continue its use and occupancy of the Premises in accordance with the provisions of this Agreement, provided Tenant is not in default of this Agreement beyond applicable notice and cure periods. 25. LENDER’S RIGHTS. (a) Landlord agrees to recognize the subleases and licenses of all subtenants and licensees and will permit each of them to remain in occupancy of its premises notwithstanding any default hereunder by Tenant so long as each such respective subtenant or licensee is not in default under the lease/license covering its premises. Landlord agrees to execute such documents as any such subtenant and/or licensee might reasonably require, including customary subordination, non-disturbance and attornment agreements and/or Landlord recognition agreements, to further memorialize the foregoing, and further agrees to use Landlord’s best efforts to also cause its lenders to similarly acknowledge, in writing, subtenant’s and licensee’s right to continue to occupy its premises as provided above. (b) Tenant shall have the right from time to time to mortgage or otherwise encumber Tenant’s interest in this Agreement, the Communications Facilities and/or leasehold estate in the Premises (a “Tenant Mortgage”) and Landlord consents to the granting by Tenant of a lien and security interest in Tenant’s interest in this Agreement and/or leasehold estate of the Premises and all of Tenant’s personal property and fixtures attached to the real property described herein, and furthermore consents to the exercise by any such lender of Tenant (“Lender”) of its rights of foreclosure with respect to its lien and security interest. Landlord agrees to recognize Lender as Tenant hereunder upon any such exercise by Lender of its rights of foreclosure. The term “Lender” as used in this Agreement shall mean the lender identified in Section 29 hereof and its successors, assigns, designees or nominees. (c) Landlord hereby agrees to give Lender written notice of any breach or default of Tenant of the terms of this Agreement within fifteen (15) days after the occurrence thereof at the address set forth in Section 29. Landlord further agrees that no default under this Agreement by Tenant shall be deemed to have occurred unless such notice to Lender is also given and that, in the event of any such breach or default under the terms of this Agreement, Lender shall have the right, to the same extent, for the same period and with the same effect, as Tenant, plus an additional ninety (90) days after any applicable grace period to cure or correct any such default. (d) Landlord acknowledges that nothing contained herein shall be deemed or construed to obligate Lender to take any action hereunder, or to perform or discharge any obligation, duty or liability of Tenant under this Agreement. Lender shall not become liable under the provisions of this Agreement or any lease executed pursuant to Section 26 hereof unless and until such time as it becomes, and then only for as long as it remains, the owner of the leasehold estate created hereby or thereby. (e) This Agreement shall not be amended or modified without the consent of Lender. In the event that Lender shall become the owner of such leasehold estate, Lender shall not be bound by any modification or amendment of this Agreement made subsequent to the date of a Tenant Mortgage unless Lender shall have consented to such modification or amendment at the time it was made. 26. RIGHT TO NEW LEASE. Page 182 of 202 10 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (a)In the case of termination of this Agreement for any reason, or in the event this Agreement is rejected or disaffirmed pursuant to any bankruptcy, insolvency or other law affecting creditor’s rights, Landlord shall give prompt notice thereof to Lender at the address set forth in Section 29 or as may be provided to Landlord by Tenant following the Commencement Date. Thereafter, Landlord, upon written request of Lender, and within thirty (30) days after the receipt of such request, shall promptly execute and deliver a new lease of the Premises and assignment of all subleases and licenses to Lender or its designee or nominee, for the remainder of the Term upon all the covenants, conditions, limitations and agreements contained herein (including, without limitation, options to extend the Term) except for such provisions which must be modified to reflect such termination, rejection or disaffirmance and the passage of time, provided that Lender (i) shall pay to Landlord, simultaneously with the delivery of such new lease, all unpaid rent due under this Agreement up to and including the date of the commencement of the term of such new lease and all reasonable expenses, including, without limitation, reasonable attorneys’ fees and disbursements and court costs, incurred by Landlord in connection with the default by Tenant, the termination of this Agreement and the preparation of the new lease, and (ii) shall cure all defaults existing under this Agreement which are susceptible to being cured by Lender promptly and with due diligence after the delivery of such new lease. Notwithstanding anything to the contrary contained herein, provided Lender shall have otherwise complied with the provisions of this Section, Lender shall have no obligation to cure any defaults which are not susceptible to being cured by Lender (for example, the bankruptcy of Tenant). (b)For so long as Lender shall have the right to enter into a new lease with Landlord pursuant to this Section, Landlord shall not enter into a new lease of the Premises with any person or entity other than Lender, without the prior written consent of Lender. 27.ADDITIONAL PROVISIONS. (a)The parties hereto agree that (i) Tenant is in possession of the Premises notwithstanding the fact that Tenant has subleased or licensed, or may in the future sublease or license, certain of the improvements thereon or portions of the Premises to third parties, and (ii) the requirements of Section 365(h) of Title 11 of the United States Code (the Bankruptcy Code) with respect to Tenant’s possession of the leasehold under this Agreement are satisfied. Accordingly, the right of Tenant to remain in possession of the leasehold under this Agreement shall continue notwithstanding any rejection of this Agreement in any bankruptcy proceeding involving Landlord, or any other actions by any party in such a proceeding. This provision, while included in this Agreement, has been separately negotiated and shall constitute a separate contract between the parties as well as a part of this Agreement. The provisions of this Section are for the benefit of Tenant and its assigns, including, without limitation, Lender. The parties hereto also agree that Lender is a party in interest and shall have the right to appear as a party in any proceeding brought under any bankruptcy law or under any other law which may affect this Agreement. (b)The provisions of Section 25 and Section 26 hereof shall survive the termination, rejection or disaffirmance of this Agreement and shall continue in full force and effect thereafter to the same extent as if such Sections were a separate and independent contract made by Landlord, Tenant and Lender a nd, from the effective date of such termination, rejection or disaffirmance of this Agreement to the date of execution and delivery of such new lease, Lender may use and enjoy the leasehold estate created by this Agreement without hindrance by Landlord. The aforesaid agreement of Landlord to enter into a new lease with Lender shall be deemed a separate agreement between Landlord and Lender, separate and apart from this Agreement as well as a part of this Agreement, and shall be unaffected by the rejection of this Agreement in any bankruptcy proceeding by any party. Page 183 of 202 11 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (c)Landlord shall have no right, and expressly waives any right arising under applicable law, in and to the rentals or other fees payable to Tenant, if any, under any sublease or license of the Premises by Tenant, which rentals or fees may be assigned by Tenant to Lender. (d)If a Tenant Mortgage is in effect, this Agreement shall not be modified or amended by the parties hereto, or terminated or surrendered by Tenant, nor shall Landlord accept any such termination or surrender of this Agreement by Tenant, without the prior written consent of Lender. (e)The provisions of Section 25 and Section 26 hereof are for the benefit of Lender and may be relied upon and shall be enforceable by Lender as if Lender were a party to this Agreement. (f)Landlord shall, within ten (10) days of the request of Tenant or any Lender or prospective Lender, provide an estoppel certificate as to any matters reasonably requested by Tenant or Lender. (g)The right to extend or renew this Agreement and any right of first refusal to purchase the Premises may be exercisable by the holder of a Tenant Mortgage and, before the expiration of any periods to exercise such a right, Landlord must provide to Lender at least thirty (30) days prior written notice before the expiration of the right to so extend or renew in order to extinguish Lender’s right to so extend, renew or purchase. (h)Under no circumstances shall the fee estate of Landlord and the leasehold estate created hereby merge, even though owned by the same party, without the written consent of the holder of a Tenant Mortgage. 28.QUIET ENJOYMENT. So long as Tenant is not in default under this Agreement beyond the applicable notice and cure period, Landlord covenants and agrees that Tenant shall peaceably and quietly hold and enjoy the Premises throughout the Term, without any hindrance, molestation or ejection by Landlord, its successors or assigns or by those claiming by, through or under them. 29.NOTICES. All notices, requests, claims, demands, and other communications hereunder shall be in writing and may be hand delivered (provided the deliverer provides proof of delivery) or sent by nationally established overnight courier that provides proof of delivery, or certified or registered mail (postage prepaid, return receipt requested). Notice shall be deemed received on the date of delivery as demonstrated by the receipt of delivery. Notices shall be delivered to a party at the party’s respective address below, or to such other address that a party below may provide from time to time: If to Landlord: City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 If to Tenant: The Towers, LLC 22 W. Atlantic Ave., Suite 310, Delray Beach, FL 33444 Ref: US-MN-5418 Attn: VP Asset Management With a copy to: General Counsel If to Lender: Toronto Dominion (Texas) LLC 31 West 52nd Street New York, NY 10019 Attn: Admin Agent Fax No. 416-982-5535 30.MISCELLANEOUS. (a)Each party hereto warrants and represents that it has the necessary power and authority to enter into and perform its respective obligations under this Agreement. Page 184 of 202 12 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (b)If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (c)All attached exhibits are hereby incorporated by this reference as if fully set forth herein. (d)Failure of a party to insist on strict performance of any of the conditions or provisions of this Agreement, or failure to exercise any of a party’s rights hereunder, shall not waive such rights. (e)This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, and any dispute arising under this Agreement shall be at a venue in the state or federal courts with jurisdiction in Dakota County, Minnesota. (f)This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, other leases and/or agreements with regard to the Premises. There are no representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties. (g)This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. (h)A short-form Memorandum of Option to Lease (and a short-form Memorandum of Lease in the event Tenant exercises its option to lease the Premises) may be recorded at Landlord’s or Tenant’s option in the form as depicted in Exhibit 3 and Exhibit 4 respectively, attached hereto. Any Memorandum of Lease shall be recorded, at Tenant’s sole cost and expense, in the Office of the Dakota County Recorder and/or Registrar of Titles. In addition, Tenant’s subtenants and licensees shall have the right to record a memorandum of its sublease or license with Tenant. (i)To the extent allowed by the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) and any other applicable rule or law, Landlord shall keep the terms of this Agreement confidential and shall not disclose any terms contained within this Agreement to any third party other than such terms as are set forth in Memorandum of the Option to Lease or Memorandum of Lease. SIGNATURES BEGIN ON NEXT PAGE Page 185 of 202 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date (date last signed by a party hereto). LANDLORD: City of Mendota Heights a Minnesota municipal corporation By: Name: Stephanie Levine Title: Mayor By: Name: Cheryl Jacobson Title: City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me , 2026, by Stephanie Levine and Cheryl Jacobson, respectively, the Mayor and City Administrator of the City of Mendota Heights, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Print Name: My Commission Expires: Page 186 of 202 15 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (Tenant signature page to Option and Lease Agreement) WITNESSES: Name: Name: TENANT: The Towers, LLC a Delaware limited liability company By: Name: Title: Date: STATE OF FLORIDA COUNTY OF PALM BEACH This instrument was acknowledged before me , 20 , by (name of signatory) as (title of signatory) of The Towers, LLC, a Delaware limited liability company. Notary Public Print Name: My Commission Expires: Page 187 of 202 16 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH EXHIBIT 1 Legal Description of the Property (Parent Parcel) (may be updated by Tenant upon receipt of final legal description from title) Page 188 of 202 17 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH EXHIBIT 2 Premises (below may be replaced with a final survey and legal description of the Premises) Page 189 of 202 18 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH EXHIBIT 3 Memorandum of Option to Lease (Attached) Page 190 of 202 19 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (Above 3” Space for Recorder’s Use Only) Prepared by and Upon Recording Return to: Rich Stern: ____________________________ The Towers, LLC 22 W. Atlantic Ave., Suite 310, Delray Beach, FL 33444 Attn: General Counsel Site Name: BLOWFISH Site Number: US-MN-5418 Commitment #: MEMORANDUM OF OPTION TO LEASE This Memorandum of Option to Lease (this “Memorandum”) evidences an Option and Lease Agreement (the “Agreement”) between the City of Mendota Heights, a Minnesota municipal corporation (“Landlord”), whose address is 1101 Victoria Curve, Mendota Heights, Minnesota 55118, and The Towers, LLC, a Delaware limited liability company (“Tenant”), whose address is 22 W. Atlantic Ave., Suite 310, Delray Beach, FL 33444, dated , 20 (the “Effective Date”), for a portion (the “Premises”) of the real property (the “Property”) described in Exhibit A attached hereto. Pursuant to the Agreement, Landlord has granted Tenant an exclusive option to lease the Premises (the “Option”). The Option commenced as of the Effective Date and shall continue in effect for a period of one (1) year from the Effective Date and may be renewed by Tenant for an additional one (1) year period. Landlord ratifies, restates and confirms the Agreement and, upon exercise of the Option, shall lease to Tenant the Premises, subject to the terms and conditions of the Agreement. The Agreement provides for the lease by Landlord to Tenant of the Premises for an initial term of five (5) years with seven (7) renewal option(s) of an additional five (5) years each, and further provides: 1.Landlord may assign the Agreement only in its entirety and only to a purchaser of the fee interest of the Property; 2.Under certain circumstances, Tenant has a right of first refusal to acquire the Premises or the Property from Landlord; Page 191 of 202 20 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH 3.Under certain circumstances, Landlord may subdivide the Property without Tenant’s prior written consent; and 4.The Agreement restricts Landlord’s ability to utilize, or allow the utilization of the Property or real property owned by Landlord which is adjacent or contiguous to the Property for the construction, operation and/or maintenance of the Communications Facilities (as defined in the Agreement). This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement. In the event of a conflict between the provisions of this Memorandum and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of Landlord and Tenant and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE Page 192 of 202 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date (date last signed by a party hereto). LANDLORD: City of Mendota Heights a Minnesota municipal corporation By: Name: Stephanie Levine Title: Mayor By: Name: Cheryl Jacobson Title: City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me , 2026, by Stephanie Levine and Cheryl Jacobson, respectively, the Mayor and City Administrator of the City of Mendota Heights, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Print Name: My Commission Expires: Page 193 of 202 23 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (Tenant’s Signature Page to Memorandum of Option to Lease) STATE OF FLORIDA COUNTY OF PALM BEACH This instrument was acknowledged before me , 20 , by (name of signatory) as (title of signatory) of The Towers, LLC, a Delaware limited liability company. Notary Public Print Name: My Commission Expires: WITNESSES: Name: Name: TENANT: The Towers, LLC a Delaware limited liability company By: Name: Title: Date: Page 194 of 202 24 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH EXHIBIT A (TO MEMORANDUM OF OPTION TO LEASE) The Property (may be updated by Tenant upon receipt of final legal description from title) Access and utilities serving the Premises (as defined in the Agreement) includes all easements of record as well as that portion of the Property designated by Landlord and Tenant for Tenant (and Tenant’s guests, agents, customers, subtenants, licensees and assigns) ingress, egress, and utility purposes to and from a public right-of-way. Page 195 of 202 25 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH EXHIBIT 4 Memorandum of Lease (Attached) Page 196 of 202 26 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH ____________________________________________________________________________________ (Above 3” Space for Recorder’s Use Only) Prepared By and Upon Recording Return to: Rich Stern: _________________________ The Towers, LLC 22 W. Atlantic Ave., Suite 310, Delray Beach, FL 33444 Attn: General Counsel Site Name: BLOWFISH Site Number: US-MN-5418 Commitment #: MEMORANDUM OF LEASE This Memorandum of Lease (this “Memorandum”) evidences a Lease Agreement (the “Lease”) between the City of Mendota Heights, a Minnesota municipal corporation (“Landlord”), whose address is 1101 Victoria Curve, Mendota Heights, Minnesota 55118, and The Towers, LLC, a Delaware limited liability company (“Tenant”), whose address is 22 W. Atlantic Ave., Suite 310, Delray Beach, FL 33444, dated the day of , 20 (the “Effective Date”), for a portion (the “Premises”) of the real property (the “Property”) described in Exhibit A attached hereto. Landlord hereby ratifies, restates and confirms the Lease and leases to Tenant the Premises, subject to the terms and conditions of the Lease. The Commencement Date of the Lease is ____________________. The Lease provides for the lease by Landlord to Tenant of the Premises for an initial term of five (5) years with seven (7) renewal option(s) of an additional five (5) years each, and further provides: 1.Landlord will attorn to any mortgagee of Tenant, subordinate any Landlord’s lien to the Lease and to liens of Tenant’s mortgagees, and not disturb the tenancy of Tenant; 2.The Lease restricts Landlord’s ability to utilize, or allow the utilization of the Property or real property owned by Landlord which is adjacent or contiguous to the Property for the construction, operation and/or maintenance of Communications Facilities (as defined in the Lease); 3.Tenant (and persons deriving rights by, through, or under Tenant) are the sole parties to market, use, or sublease any portion of the Property for Communications Facilities during the term of the Lease (such restriction shall run with the land and be binding on the successors and assigns of Landlord); Page 197 of 202 27 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH 4. The Premises may be used exclusively by Tenant for all legal purposes, including, without limitation, erecting, installing, operating and maintaining Communications Facilities; 5. Tenant is entitled to sublease and/or license the Premises, including any Communications Facilities located thereon; 6. Under certain circumstances, Tenant has a right of first refusal to acquire the Premises from Landlord; 7. Landlord may assign the Lease only in its entirety and only to a purchaser of the fee interest of the Property; and 8. Under certain circumstances, Landlord may subdivide the Property without Tenant’s prior written consent. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease. In the event of a conflict between the provisions of this Memorandum and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of Landlord and Tenant and shall inure to the benefit of their respective heirs, successors, and assigns, subject to the provisions of the Lease. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK, SIGNATURES BEGIN ON NEXT PAGE Page 198 of 202 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date (date last signed by a party hereto). LANDLORD: City of Mendota Heights a Minnesota municipal corporation By: Name: Stephanie Levine Title: Mayor By: Name: Cheryl Jacobson Title: City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) This instrument was acknowledged before me , 2026, by Stephanie Levine and Cheryl Jacobson, respectively, the Mayor and City Administrator of the City of Mendota Heights, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Print Name: My Commission Expires: Page 199 of 202 30 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH (Tenant’s Signature Page to Memorandum of Lease) STATE OF FLORIDA COUNTY OF PALM BEACH This instrument was acknowledged before me , 20 , by (name of signatory) as (title of signatory) of The Towers, LLC, a Delaware limited liability company. Notary Public Print Name: My Commission Expires: WITNESSES: Name: Name: TENANT: The Towers, LLC a Delaware limited liability company By: Name: Title: Date: Page 200 of 202 31 VB Site ID: US-MN-5418 VB Site Name: BLOWFISH EXHIBIT A (TO MEMORANDUM OF LEASE) The Property (may be updated by Tenant upon receipt of final legal description from title) Access and utilities serving the Premises (as defined in the Lease) includes all easements of record as well as that portion of the Property designated by Landlord and Tenant for Tenant (and Tenant’s guests, agents, customers, subtenants, licensees and assigns) ingress, egress, and utility purposes to and from a public right- of-way. Said interest being over land more particularly described by the following description: Insert metes and bounds description of area Page 201 of 202 This page is intentionally left blank 9.d REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 4, 2026 AGENDA ITEM: Municipal Campus Project ITEM TYPE: New and Unfinished Business DEPARTMENT: Administration CONTACT: Cheryl Jacobson, City Administrator ACTION REQUEST: Informational. No council action is requested. BACKGROUND: The Mendota Heights Municipal Campus Project is the construction of a new city hall/police department facility and the revisioning of the site to meet the current and future needs of Mendota Heights residents. The new building will replace the current facility, which faces significant health, safety, infrastructure, security, and accessibility challenges. The project aims to create a modern, welcoming, and resilient civic hub that supports city operations and public safety. Key goals include improved safety and security, inclusive and accessible design, flexible and functional spaces, and responsible, sustainable use of public resources. An update on the Project Oversight Committee resident recruitment and the request for qualifications for architectural design services will be provided. FISCAL AND RESOURCE IMPACT: N/A ATTACHMENTS: None CITY COUNCIL PRIORITY: Premier Public Services & Infrastructure Page 202 of 202