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02 04 2026 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 4, 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. Further discussion: Councilor Mazzitello moved to amend the agenda to add an item 9D, Approval of Change Order for the Basin IV-PI26 Improvement Project; moving the Municipal Campus Project to be considered as Item 9E. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. CONSENT AGENDA Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent agenda. as presented, pulling items H and I. a. Approval of January 20, 2026, City Council Closed Session Minutes bI Approval of January 20, 2026, City Council Work Session Minutes c. Approval of January 20, 2026, City Council Meeting Minutes d. Acknowledge Minutes from the September 17, 2025, Airport Relations Commission Special 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 Depaftmen j. Approve Hire for Public Works Maintenance Worker k. Acknowledge the November and December 2025 Fire Synopses 1. Approve Resolution 2026-08 Cooperative Construction Agreement with the Minnesota Department of Transportation for the Highway 13 (Sibley Memorial Highway) Rehabilitation Project in, Approve November and December 2025 Treasurer's Report n. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS H) ACCEPT NOTICE OF RETIREMENT AND AUTHORIZE UTILITY BILLING CLERK POSITION RECRUITMENT Councilor Maczko commented that Sharon has worked for the City for over 20 years and has always been top-notch and ready to work, noting that she will be missed. He stated that while he is confident, they will find someone to fill the position, he was unsure they would be able to fill her shoes and wished her a happy retirement. Councilor Maczko moved to accept NOTICE OF RETIREMENT AND AUTHORIZE UTILITY BILLING CLERK POSITION RECRUITMENT. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 I) ACCEPT THE RESIGNATION OF POLICE OFFICER DONOVAN BARR FROM THE MENDOTA HEIGHTS POLICE DEPARTMENT Councilor Maczko commented that Donovan has been an Officer for the past three years and recognized his willingness to help people and serve the community. He thanked Donovan for the service he had provided to the community and wished him luck in his next position. February 4, 2026, Mendota lieights Ciry Council Page l of l [ Councilor Maczko moved to accept THE RESIGNATION OF POLICE OFFICER DONOVAN BARR FROM THE MENDOTA HEIGHTS POLICE DEPARTMENT, Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper commented that he sees that they do not need to backfill the position, as the department will still be fully staffed. He stated that it is reassuring that in these times, the City has been able to recruit and retain a great team. Councilor Lorberbaum thanked Police Chief Kelly McCarthy for doing the work proactively to ensure that the department stays in a good position. Ayes: 5 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) COMMUNITY SAFETY AND IMMIGRATION AND CUSTOMS ENFORCEMENT Police Chief Kelly McCarthy explained that the Council was being asked to approve Resolution 2026-11, reaffirming the City of Mendota Heightssupport for Police Department Policy 412 regarding immigration violations. City Administrator Cheryl Jacobson recognized the residents in attendance, those watching from their homes, and those who have spoken with City staff over the past several weeks. She commented on the information available on the City webpage, titled Community Keeps Community Safe. She stated that many residents have asked what they can do and shared information and resources that residents can use to keep themselves safe and help others. She stated that the City continues to monitor, research, and work with partners to identify resources and share that information with residents. She recognized that they had received questions as to whether the City would sign on to the State of Minnesota, City of Minneapolis, and City of St. Paul lawsuit. She commented that the City and its legal counsel continue to track that, and if there is a request, that would be presented to the City Council. She stated that the Council is asked to adopt the resolution as presented. Councilor Lorberbaum stated that the police force stays busy under normal circumstances, and there has been more activity with the ICE presence. She asked for an idea of the amount of time being spent on phone calls, emails, and police responding to incidents related to ICE. Police Chief Kelly McCarthy stated that she has had over 60 hours of formal meetings on the topic in the last three weeks, the County has received over 400 police calls related to ICE, and she has 58 emails from February 4, 2026, Mervdata Fleights Crty Council Page 3 of II residents asking questions or voicing concerns on the topic. She commented on major disruptions that have been observed, such as, dangerous driving by federal agents, incidents where people are taken from their vehicles, and those vehicles being left abandoned, disruptions communicated by community members who are legal Americans but are still afraid to leave their homes, and there have been disruptions with staff that are also being impacted by ICE. City Administrator Cheryl Jacobson stated that she had a meeting with Dakota County 911 today, and it was reported that they experience about 15-20 calls per day relating to ICE actions in Dakota County, Councilor Maczko asked what residents should do if they see something that is concerning, and whether the police department will show up if there is a call relating to ICE action. Police Chief Kelly McCarthy replied that Mendota Heights Police Officers will show up. She stated that if someone is trying to get into your home without ajudicial warrant, they cannot enter your home. She clarified that local police cannot interfere with a federal operation, and they are not provided any information on planned ICE actions. Councilor Maczko recognized that the police may show up to a situation in response to a call from a resident or to de-escalate a situation, but they are not helping ICE. Police Chief Kelly McCarthy confirmed that while the police cannot interfere with ICE activity, they also will not assist ICE. Mayor Levine invited residents to provide input. Skye commented that they are not a Mendota Heights resident, and they are currently being intimidated by the ICE agents who are wearing uniforms that state "police," and yet they are masked. They asked what would happen if agents were trying to break into a home without a judicial warrant and whether they would ask them to see the warrant or just observe. They commented that the parks ordinance gives the community a legal avenue to keep ICE accountable, as they believe that ICE is staging in the parks, which are meant for the community and kids. They commented on the poor interactions they have experienced with ICE agents. They asked if there would be a resolution holding traffic camera footage to hold ICE accountable. They commented on the traffic laws that they believe are being violated by ICE agents and asked if they would be held accountable. They commented that, as a veteran, they do not believe that constitutional rights should continue to be violated. They provided additional details relating to an incident they experienced with ICE breaking their vehicle window, pulling them out of their vehicle, and assaulting them. They commented that following ICE vehicles, giving them the finger, and insulting them falls within their First Amendment rights and asked what the point was of having a police force if they cannot intervene. Robin Ehrlich, 1656 Gryc Court, commented that he was impressed with the presentation from City staff and reminded the City Council about a welcoming message passed on July 18, 2017, that he wrote with Police Chief Kelly McCarthy. He read the message aloud and stated that perhaps the language could be updated to reflect the current times. He stated that the police policy should also be read aloud and reaffirmed tonight as proposed. He commented that the police department is doing an excellent job in the community and is doing the best it can to protect the citizens. February 4, 2026, Mendota Heights City Council Page 4 of I! Steve Smith, Inver Grove Heights resident, commented that something has gone very wrong in and around this area with the tactics being used by ICE and the impacts that they have on the community. He noted an incident described earlier by Police Chief Kelly McCarthy and by a previous speaker tonight, where the person was violently removed from their vehicle, and local police stood by, unable to intervene. He stated that this should be alarming as people can no longer tell who legitimate law enforcement officers are and whether they are operating under the law. He asked the City to implement something that would limit the infringement of civil rights and provided examples the City could consider. Melinda Ludwiczak, 720 South Plaza Way, stated that she is present with her neighbors to express their fear about what is going on in the community. She stated that the proximity to the Whipple building is concerning and commented on the speeds ICE vehicles travel through the community. She noted areas being targeted by ICE and the fear that creates in the community, where people feel unsafe to leave their homes. She recognized the difficult position the Council is in, as they are limited in what they can do. She appreciated that the police force is at capacity and also recognized that they are limited in what they can do and how they can respond. She thanked the Council for allowing this time for members of the community to share their feelings. Jane Riba, Lexington Heights resident, stated that she also recognizes the position the Council is in and asked how they would communicate with the residents, so they do not need to feel so fearful. She commented that perhaps if there is a situation where ICE is trying to enter a home, the local police could ask to see the judicial warrant. She commented that the Council needs to have clear communication of what can be done, so that residents feel safe. Christina, 1870 Eagle Ridge Drive, commented on the anonymity of ICE agents, the agents wearing masks, and not identifying themselves is the definition of kidnapping. She believed that the police have an obligation to protect residents from kidnapping and urged the Council to require that ICE agents unmask themselves. Police Chief Kelly McCarthy thanked everyone who came forward to speak. She stated that if someone calls 911, the police will respond. She stated that once an agent has identified themselves as a federal agent, she can ask to see a warrant, but they do not need to show it to her. She stated that she can tell people they do not have to open the door unless they see a warrant, but ICE does not answer to local police. She stated that traffic cameras are owned by MnDOT, but she could make a request for the footage. She commented that Mendota Heights has a policy that police cannot wear a face covering with the intent to hide their identity. She explained that they will wear winter gear but will pull it down from their face when speaking with people. She noted that police have their name on their uniform and always carry their ID and provide their name and badge number when asked. She stated that they could create an ordinance, but that also creates an expectation for enforcement, which is not feasible. She wished that she had a better answer as to how they can hold ICE accountable but believed that the City is doing its best at communicating its values and standards. She stated that police take an oath to uphold the constitution and she and her department will not break that oath to enforce the law. She recognized that these are difficult times, but that we will get through this. She noted that all police policies are listed on the website. She noted the various forms of communication used by the City and welcomed any additional ideas. She stated that the role of government is to govern and not be activists. She stated that if the police break their oath, they would be no different than ICE. She wished that she had better answers for the residents, but February Q 2026, Menda[a Heights City Council Page 5 of LI stated that they will get through it, and they need to be proud of their behavior. She stated that while the community would love to see the 20 police officers go toe to toe with ICE agents, they would not stand up against 3,000 ICE agents. She also recognized that while a win like that may feel good in the moment, it is the long-term win that counts and that would be adhering to our values and the police oath. She asked the Council to adopt the resolution as presented, which reaffirms the police policy. Skye commented on the increased volume of calls received by 211, and STEP does not have the staff to keep up with the influx of calls. They stated that if mutual aid could be provided in a more thorough fashion, that would help alleviate the strain on the community. They commented that ICE is showing up at vulnerable persons' homes as delivery drivers and ripping them out of their homes. They encouraged more people to show up and help. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2026-11 REAFFIRMING THE CITY OF MENDOTA HEIGHTS' SUPPORT FOR POLICE DEPARTMENT POLICY 412 REGARDING IMMIGRATION VIOLATIONS. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine and the Council read Resolution 2026-11 aloud. Councilor Paper thanked everyone for coming and sharing their comments, recognizing that these are difficult times. He stated that Mendota Heights is fortunate to have the police force that it has. He commented on the juvenile actions of the federal agents, which are scary, sad, and disappointing. He stated that it is reassuring to know that when he returns home, the Mendota Heights Police Department is responsive, professional, courteous, and there to serve their residents. Councilor Maczko echoed those comments. He stated that he has empathy for what is going on, as everyone has the right to be treated as a human being, and even if someone has done something wrong, they should still be treated humanely. He commented that the City Council can only control what is within its purview. He recognized that there is one law for all and trusts that the police department will continue to do the right thing. He recognized that not everyone agrees with the law, but the law needs to change; they cannot just disregard it. He stated that he would like to see cooperation between departments, and it seems odd that they prohibit that, but that is the way it is, and they can only control what they can control. Councilor Lorberbaum stated that her priority is individual and community safety. She stated that the job of the Council is to keep people safe, and community trust is paramount. She echoed comments from the Ramsey County Attorney that no agency is above local, state, and federal laws. Councilor Mazzitello commented that, as someone who spent 22 years in uniform defending the constitution of this nation and having deployed five times in three wars, he is profoundly sad about the situation. Mayor Levine recognized that everyone is tired in this time of chaos, confusion, and misinformation. She recognized the need for clarity from those who represent and serve the community, which is what they are trying to do tonight. She stated that they want to make sure that residents have access to the information they need. She stated that the resolution provides clarity about what they can do and expressed gratitude to the Mendota Heights Police Department and Police Chief Kelly McCarthy. February 4, 2026, Mendota Heights CiqCourvcil page 6 of ] ] Ayes: 5 Nays: 0 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) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider 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, Councilor Mazzitello asked if the updated version of the plan meets the requirements for the application and whether the necessary corrections have been made. Community Development Manager Sarah Madden replied that the tree inventory and landscaping plan, including the updated plan, does comply with the needs of a MRCCA Permit. She recognized that the Forest Alteration Plan would follow at a later date. Councilor Maczko asked if the buckthorn would be removed from the entire lot or only in select areas. Community Development Manager Sarah Madden noted that the plan identifies a general area for buckthorn removal. She noted that if additional buckthorn removal was to be completed in the future, the City would engage in the necessary permits for that activity. Councilor Paper noted that there was an encroachment involving the neighbor to the north with a driveway and asked if that had been settled. Community Development Manager Sarah Madden replied that this property was part of a lot split in 2023, and the property to the north does have an existing driveway that encroaches over the property line but clarified that the encroachment occurs on the property to the north of this site and does not involve this property. Councilor Lorberbaum recalled some concerns of residents related to the slope and integrity of the bluff. She believed that Mr. Nelson made a statement that the support and bluff would last for 40 years. Dean Nelson, Homes by Tradition, replied that he did not make that comment. He believed that statement was made by someone in the audience. Councilor Lorberbaum stated that she would like clarification on who made the statement, as she would be concerned that a home would only last 40 years. Mr. Nelson stated that Braun Intertec was hired to do extensive soil testing and analysis based on previous submittals, along with the current submittal, to properly design the foundations, footings, and retaining Feb�uaiy 4, 2026, Mendota Heights Clry Council Page 7 of II walls to last much longer than that. He was confident that the engineering and trade contractorsdiligence would ensure a sound structure that would be equivalent to any other single-family home. Councilor Mazzitello moved to adopt RESOLUTION NO. 2026-10 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO HOMES BY TRADITION AND FOR THE PROPERTY LOCATED AT 1961 GLENHILL ROAD, Councilor Paper seconded the motion. Further discussion: Councilor Paper asked if any of the retaining walls would be tall enough to require a fence. Mr. Nelson replied that the retaining walls would not require a fence, but there would be a safety fence around the pool. Councilor Mazzitello thanked Mr. Nelson for being responsive to the questions and concerns raised by the Planning Commission. Mayor Levine thanked the members of the Planning Commission for their diligence. Ayes: 5 Nays: 0 C) RESOLUTION 2026-09 APPROVING OPTION AND LEASE AGREEMENT BETWEEN THE TOWER, LLC AND THE CITY OF MENDOTA HEIGHTS AT WENTWORTH PARK Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider approving an option and lease agreement for a new proposed cellular facility at Wentworth Park, Councilor Maczko asked if the monthly rent/lease would begin once the document is signed or after it is builtI Public Works Director Ryan Ruzek replied that it would be after it was built Councilor Mazzitello moved to adopt RESOLUTION NO. 2026-09 APPROVING OPTION AND LEASE AGREEMENT BETWEEN THE TOWERS, LLC AND THE CITY OF MENDOTA HEIGHTS AT WENTWORTH PARK, Councilor Paper seconded the motion. Further discussion: Councilor Mazzitello commented that it is about time, noting that the last cell tower installed in Mendota Heights was in 2003, and he looked forward to better service. Councilor Paper stated that he feels like they were at the lowest of lows with the first agenda item, to the highest of highs with this item. He stated that they have been working towards this for a very long time and recognized the exceptional work of everyone involved, noting that not only will they have better service, but the City will also be paid for the lease. Februmy Q 2026, Mendota Heights City Council Page 8 of ]I Councilor Lorberbaum thanked the consultant who brought this forward. Mayor Levine stated that when things move at the speed of government, this is a good example, it took about five years of constant vigilance to get to this point. She looks forward to the day there will be reception in the northern part of the city. Ayes: 5 Nays: 0 D) APPROVE CHANGE ORDER FOR THE BASIN IV-P126 IMPROVEMENT PROJECT Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider approving the change order as presented. Councilor Maczko asked if the current pond was an infiltration pond. Public Works Director Ryan Ruzek replied that it was a dry pond, but it was not draining properly because of a failed pipe. Councilor Paper asked for more information on karst. Public Works Director Ryan Ruzek provided more information on karst, noting that they are attempting to prevent a sinkhole in the bluff resulting from infiltration. Councilor Paper asked when they would anticipate completion. Public Works Director Ryan Ruzek replied that the contractor is on -site working and if approved, the project would be completed next week. Councilor Lorberbaum moved to approve THE CHANGE ORDER FOR THE BASIN IV-P126 IMPROVEMENT PROJECT ISSUED TO THE CONTRACT WITH WINBERG COMPANIES LLC DATED FEBRUARY 3, 20265 IN THE AMOUNT NOT TO EXCEED $60,396.01. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 E) MUNICIPAL CAMPUS PROJECT City Administrator Cheryl Jacobson reviewed the staff report and provided an update on the Municipal Campus project process. Mayor Levine welcomed resident comments. Scott Van, 1870 Hunter Lane, stated that he attended the open house and has quite a few issues with the process thus far, and the lack of exposure from the City to the community. He reviewed dates of meetings Febrtrcny 4, 2026, Mendota Heights Ciry Council Page 9 of I [ from the past year where the potential project was mentioned in 2025, and then nothing until just before the open house. He stated that previous discussions were related to updates and additions to the building and was surprised to learn at the open house that the project would be a new build. He commented that only 100 people or so attended the open house, compared to the population of 11,000. He did not believe that there was much transparency about the project this past year and commented that the Council approved the new build concept five days after the open house. He stated that his neighbors were not aware of the project and believed that better communication from the City would make it more transparent and would engage more members of the public. He believed that the ICS report exaggerated the issues, noting that all roofs need to be replaced after 25 years and most homes experience issues with mice from time to time. He also believed that water remediation and mold issues were addressed in 2017. He noted the potential cost for updates to City Hall, which included over $400,000 in windows. He stated that City Hall could be remodeled and renovated, and a new police building could be constructed on the ball field. He noted that many of the items included in the ICS list were things that are commonly replaced, such as carpeting, and wondered how many other things were exaggerated. Rob Meyer, 1399 Clement Street, referenced a comment that was made by Councilor Lorberbaum at the last meeting, asking the percentage of people who are typically aware of a project. He did not like the response from ICS that it is the decision of residents as to how involved they want to be, and therefore, that cannot be measured. He stated that the comments of the last speaker show that not all residents were aware of the project. He stated that perhaps there should be a desired percentage of residents they would like to reach related to the project. He stated that perhaps something could be mailed to all residents related to the project. He noted numbers that he believed were not accurate within a previous ICS presentation, which he found to be concerning. Mr. Van stated that following the open house, he found out that three plans had already been thoroughly reviewed and presented to the City Council on October 7th. He asked why those plans were not laid out for people to review at the open house. He did not believe the accessibility issues mentioned by ICS were accurate and could have easily been addressed. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper thanked everyone who spoke tonight to express their views, thoughts, and opinions. Councilor Maczko echoed the comments of thanks to those who attended and spoke tonight. He commended the fact that 16 people are interested in serving on the Oversight Committee. He congratulated the medallion winner. Councilor Lorberbaum stated that today is National Girls and Women in Sports Day and February is Black History Month. She thanked St. Thomas for opening their doors to host the puzzle contest. She thanked those who spoke tonight to speak about public safety and ICE. She commented that she is always proud of the job Police Chief Kelly McCarthy does. February 4, 2026, Mendota Heights City Council Page 10 of I / Councilor Mazzitello recognized the Utility Billing Clerk who is retiring and shared a story from his experience working with Sharon. He stated that she works with courtesy and grace and will be missed. He commented that they are celebrating the 2501hanniversary of the birth of the nation this year and shared a fact from this day in history, as well as from January 27a', Mayor Levine commented that she has never been so proud to be a Minnesotan and am er of this community. She stated that she has heard from so many residents and was so grateful that this is a community where people do not just say something but also do something. She recognized that this is a marathon, not a sprint, and we need to work together to support each other as we navigate this challenging time as a community. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:58 p.m. Stephanie. . Levine Mayor ATTEST: Na cy Bat@r City Clerk February 4, 2026, Mendota Heights City Council Page l l of !!