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09 15 2026 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 15, 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 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 Mazzitello moved approval of the consent agenda as presented, pulling items F and G. a. Approval of September 1, 2026, City Council Minutes b. Approval of August 26, 2026, City Council Work Session Minutes c. Acknowledge the Minutes from the June 9, 2026, Parks and Recreation Commission Meeting d. Approve the Planned Unit Development Agreement for the Tenth Amendment to Mendota Plaza Planned Unit Development e. Approve Personnel Policy Updates f, Aeeept the Retirement Rf Dale Stain fFAm the Mendptn l4eights Fire Depaj4ment g.Af)prevePurehasl=8rder€erTreev RRMo;ls Vie� ta;tea h. Adopt Resolution 2026-60 Calling for an Assessment Hearing on the Hampshire Estates Street Improvements i. Approve a Change Order for the 2026 Street Maintenance Project j. Approve Resolution 2026-61 Accepting Bids and Award Contract for the 2026 Sewer Cleaning and Televising Project k. Approve the Purchase of a Police Squad ]. Approve Resolution 2026-62 Approving the Disposal of Unclaimed Property (Donation of Bicycles) m. Authorize the Transfer of Equipment from the Police Department to the Public Works Department n. Approval of Claims List Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) ACCEPT THE RETIREMENT OF DALE STEIN FROM THE MENDOTA HEIGHTS FIRE DEPARTMENT Councilor Maczko commented that he had the pleasure and honor of hiring Mr. Stein, noting that his father also served on the Fire Department. He stated that the Stein family has over 40 years of service to the Fire Department. He provided an overview of Mr. Stein's career with the department and thanked him for his service. He wished him well in his retirement. Councilor Maczko moved to accept THE RETIREMENT OF DALE STEIN FROM THE MENDOTA HEIGHTS FIRE DEPARTMENT. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 G) APPROVE PURCHASE ORDER FOR TREE REMOVALS —VICTORIA ROAD Councilor Lorberbaum stated that she is comfortable with this proposed action and asked if there is a replanting plan. Public Works Director Ryan Ruzek replied that there is no plan to replace any trees, as the trees being removed are within the public right -of --way and are invasive species. He stated that letters were sent to the private property owners because some of the invasive trees are located on private property. He stated that those property owners can reach out to City staff and can receive assistance with replanting if they remove the trees. Councilor Lorberbaum moved to approve PURCHASE ORDER FOR TREE REMOVALS —VICTORIA ROAD. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 September I5, 2016, Mendota Heights City Council Page 2 oj9 PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) FISCAL YEAR 2027 PRELIMINARY BUDGET AND LEVY Finance Director Kristen Schabacker explained that the Council was being asked to adopt a preliminary budget and proposed levy for Fiscal Year 2027, Councilor Lorberbaum thanked staff for the excellent work. Mayor Levine stated that she attended the Regional Council of Mayors meeting the previous day and was made aware of an interesting law on the books. She stated that if Senator Klobuchar is elected as Governor, she would appoint someone to fill her Senate position, and all cities would then need to hold a primary and general election in 2027 to elect a new Senator. She stated that the cost of those elections was not included in the budget, as typically 2027 would be an off year for elections. She noted that there is a possibility that the State could reimburse cities for that expense, but given that knowledge, they should appropriately plan for that in the budget. She asked staff for input on whether the funds should be placed in the contingency fund or elections fund. Finance Director Kristen Schabacker noted that this is the preliminary budget that is being set and noted that the funds could be placed in either contingency or elections. She stated that she would place those funds in the election fund. She stated that because the results of the election will be known prior to final adoption of the budget, they could remove those funds if they are not needed prior to final adoption of the budget and levy in December. Mayor Levine moved to add $50,000 TO THE ELECTIONS PORTION OF THE GENERAL BUDGET FOR 2027 FOR THE POTENTIAL COST OF A PRIMARY AND GENERAL ELECTION IN 2027. Councilor Mazzitello seconded the motion. Further discussion: Councilor Maczlco asked if adding these funds would increase the levy. Mayor Levine confirmed that this addition would further increase the levy. Finance Director Kristen Schabacker stated that if that addition of $50,000 is made, the levy increase would be 4.42 percent. She stated that the funds can be removed from the budget and levy if they are not needed, prior to final adoption, but the funds could not be added at a later time as the preliminary budget and levy amounts are the highest amounts that can be adopted. Councilor Maczko asked if the cost could be absorbed by fund balance. September /5, 2026, Mendota Heights Crty Cowreil Page 3 of 9 Finance Director Kristen Schabacker stated that the balance is not anywhere near the bottom of the policy range. She recommended including the amount in the general fund as it is an operating expense. Councilor Maczko stated that he does not object to including the $50,000 as proposed. Councilor Mazzitello asked and received confirmation on the updated figures within the proposed draft resolution if the $50,000 is added as proposed. Ayes: 5 Nays: 0 Councilor Lorberbaum moved to approve RESOLUTION 2026-57 APPROVING PROPOSED 2026 LEVY COLLECTIBLE IN 2027, Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello asked and received confirmation that Councilor Lorberbaum agrees to the new numbers as amended by the last action. Ayes: 5 Nays: 0 Councilor Mazzitello moved to approve RESOLUTION 2026-58 ADOPTING 2027 PRELIMINARY BUDGET WITH THE AMENDED TOTAL EXPENDITURE NUMBER AS PREVIOUSLY STATED. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to approve RESOLUTION 2026-59 APPROVING FINAL 2026 TAX LEVY FOR SPECIAL TAXING DISTRICT NO, 1 COLLECTIBLE IN 2027. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine thanked Finance Director Kristen Schabacker and the entire City staff for their work on the budget process. Councilor Mazzitello agreed and stated that the City has the best Finance Director, noting that this is his 151h budget with the City. He noted that this was the first budget process to have four work sessions and recognized that the Council did not make it easy on staff. Councilor Lorberbaum thanked staff for their flexibility, patience, and accuracy during this process. Councilor Maczko agreed that staff did an excellent job listening, responding to questions, and adapting as needed. September 15, 2026, Mendota l�eigh[s City Council Page 4 of9 Councilor Paper recognized that budgeting is one of the most complicated things the Council and staff are asked to do, noting that this meeting tonight is not an accurate presentation of the work that goes into the budget and levy process. He believed that they did a great job holding down the levy number while still providing for the things and services the community expects. Mayor Levine thanked the public for their involvement in this process as well, advocating for things they feel strongly about. B) APPROVE AGREEMENT WITH BARR ENGINEERING CO. FOR SANITARY SEWER ODOR ANALYSIS Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to approve an agreement with Barr Engineering Co. to complete Phase 1 of the City's sanitary sewer odor analysis for a cost not to exceed $25,000. Councilor Paper asked if they have identified that the problem is coming from within the industrial park. Assistant City Engineer Lucas Ritchie replied that staff anticipates that it is coming from within the industrial park because of the preliminary results gathered. He explained that the chemicals and additives being used are contributing to the problem. Councilor Paper commented that it would seem they have a problem that is fixable upstream, once they identify it. Assistant City Engineer Lucas Ritchie confirmed that is correct. Mayor Levine asked what it is costing monthly or annually for the treatment they are currently doing. She also asked about the health of the sanitary sewer fund. Assistant City Engineer Lucas Ritchie stated that originally, they estimated about $2,000 per month, and they are leasing the equipment, which has a cost of $500 per month. He commented that the bioxide solution has been tripled from the originally anticipated amount, which means they are paying about $6,000 per month. He estimated about $80,000 to $90,000 in total for this year if they continue treating at this rate. He provided additional information on the balance of the sanitary sewer fund. Public Works Director Ryan Ruzek provided additional information on the sanitary sewer fund, noting that staff is looking to make adjustments to the rates to ensure there continues to be a healthy balance. Mayor Levine recognized that the proposal is to spend $25,000 to find a solution rather than continuing to spend up to $90,000 a year on a band -aid fix. Assistant City Engineer Lucas Ritchie stated that he does not anticipate that the bioxide treatment will go away, but explained that this will provide a third -parry review and recommendation that they can bring to the businesses in an attempt to fix the problem at the source and/or receive a contribution towards the cost. September 15, 2026, Mendota Heights City Council Page 5 of 9 Councilor Lorberbaum stated that while the neighbors are unhappy about the issue, they appreciate the clear communication that continues to be provided by staff. Councilor Lorberbaum moved to approve AN AGREEMENT WITH BARR ENGINEERING CO. TO COMPLETE PHASE 1 OF THE CITY'S SANITARY SEWER ODOR ANALYSIS FOR A COST NOT TO EXCEED $25,000, Councilor Maczko seconded the motion. Further discussion: Councilor Maczko reminded residents that this is not a normal sanitary sewer issue, as this is the main interceptor that runs through the neighborhood on its way to the treatment facility. He clarified that the issue is not created by Friendly Hills, but upstream. He thanked a resident who has been able to provide feedback to staff throughout this process. He stated that the communication and updates provided by staff have been appreciated by the residents and have helped to build faith back in this issue. Ayes: 5 Nays: 0 C) AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE MUNICIPAL CAMPUS BUILDING PROJECT Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to award a professional services contract to Bolton & Menk, Inc. to provide professional services necessary to complete an Environmental Assessment Worksheet (EAW) for the Municipal Campus Building Project. Councilor Mazzitello asked if the EAW would be signed by a professional engineer and whether there would be a change in the cost of the proposal to require that, acknowledging that it is no longer a requirement. Public Works Director Ryan Ruzek replied that he feels that they could run into issues with the supporting documentation as the City is hiring a firm to review documents provided by another firm. Councilor Mazzitello stated that he would only be asking for a signature related to the 20 questions. Public Works Director Ryan Ruzek stated that the RGU is required to provide that certification. He was unsure if another professional engineer would be willing to sign that secondarily. He stated that typically the Mayor and Clerk sign items as the RGU, but he could also be directed to sign it if that is desired by the Council. He did not believe that an additional signature would be needed in this case. He noted that a possible cost savings of $5,000 would be received related to the wetland delineation, as a report was recently completed for that as part of the project by another firm. Councilor Mazzitello explained that he was asking about that because this is a controversial project and there has been a lot of misinformation and many things put out that are not part and parcel of the completion of an EAW. He stated that the additional certification he is requesting would help to provide that extra layer of protection. September I5, 2026, Mendota Heights Cih� Council Pnge 6 of 9 Public Works Director Ryan Ruzek stated that even in that case, the State has guidelines within the appeal process of an EAW. He did not believe that additional signature would have any bearing on how the EQB would read that report. He stated that he could make that request but was unsure if he could require that, as the firm did not produce all the data within the report. Councilor Maczko stated that he would support that suggestion of Councilor Mazzitello, noting that they are not certifying other people's work but their work in the 20 components of the EAW. He would not expect the firm to analyze someone else's work but to certify that the process itself followed the guidelines and requirements of an EAW. He recognized that the RGU would still need to make the decision as to whether the information is true and complete. Mayor Levine noted the language included on the cover letter of the proposal. She wondered why the additional step would be anything different than what is promised in the cover letter. Councilor Mazzitello explained that it is a matter of comfort level. Mayor Levine stated that she would defer to staff, acknowledging that it would be nice to have if the consultant were willing to do so but also understanding that the firm has a protocol and may have limitations on what engineers are able to sign off on. She stated that the firm is qualified to do the work. She recognized that there will probably still be people who will continue to question the results if they do not go in their favor. Councilor Mazzitello moved to award A PROFESSIONAL SERVICES CONTRACT FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE MUNICIPAL CAMPUS BUILDING PROJECT TO BOLTON AND MENK, INC. AT A COST NOT TO EXCEED $36,436, WITH THE REQUEST THAT THE REPORT GIVEN TO THE CITY BE REVIEWED, COMPILED AND SIGNED BY A LICENSED PROFESSIONAL BY THE MINNESOTA BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, OR INTERIOR DESIGN. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 Public Works Director Ryan Ruzek noted that the original estimate by staff of two to three months was shortsighted, and it appears the work will take closer to four to five months to complete. Councilor Lorberbaum recognized that would result in a five- to six-month pause on the project. Mayor Levine was unsure that was accurate. She recognized that they are pausing but believed that they could continue to discuss the project. City Attorney Amy Schmidt stated that once the EAW is ordered, all work on the project needed to stop. Mayor Levine asked if they could continue to have discussions, as there is information on the website. September I5, 2026, Mendota Heights City Council Page 7 of 9 City Administrator Cheryl Jacobson stated that members of the Council can answer questions from the public and share information. Councilor Lorberbaum asked if that would mean they cannot talk as a group about project -related details, such as incorrect mathematical figures within an ICS document. City Attorney Amy Schmidt commented that project -related details would be part of the work that needs to be paused. Public Works Director Ryan Ruzek clarified that there was a misinterpretation of the document and the information provided within was correct. Councilor Maczko asked if the City could respond to that comment rather than leaving it out there for five months. City Administrator Cheryl Jacobson stated that information is still available on the website and staff continues to respond to questions received. She explained that the Council will not meet to discuss this project during the pause. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper wished everyone a happy New Year. Councilor Maczko stated that September 1 lth passed last week and recognized those who sacrificed their lives. He stated that people should remember now everyone pulled together on September 12th. He thanked law enforcement and all who do things to keep people safe. He stated that he was never prouder to see the Fire Department display the flag in recognition of those who lost their lives. He recognized the Two River Warriors football team and their coaches, who were recognized by TCO as coaches of the week. Councilor Lorberbaum commented that absentee voting begins Friday at City Hall. She also thanked the engaged citizens, noting that 42 percent of eligible voters participated in the Primary Election. She commented that this past Sunday was National Grandparents Day. Councilor Mazzitello wished those celebrating a happy New Year. He also congratulated Cretin-Derham Hall who knocked out their rival, St. Thomas Academy, in football two weeks ago. He recognized that 343 firefighters lost their lives in New York on September 11 th. He recognized that people gave their lives so we can have what we have, not to prevent others from having what we have, or for us to be entitled. He agreed that the country should be what they were on September 12, 2001. He commented that this week is suicide prevention week and encouraged people to talk to their friends and family to get the help they need or to help others. He continued his top nine list, sharing information on the adoption of a new modern Comprehensive Plan, which was adopted six years ago. He noted the use of the word quality, September 15, 101ti, Mendota Heights City Councr7 Page 8 of 9 commenting that the people of this community want things that are qua]iTy, not things that appear to be quality. He challenged whoever takes his seat through the next election to work towards that quality. Mayor Levine welcomed all of the kids back to school and encouraged drivers to be aware of the additional pedestrian activity on the roads and at bus stops. ADJOiJRN Councilor Lorberbaum moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:19 p.m. IZZII&Ke I �,/ / v Stephanie B evine Mayor ATTEST: vu J d— cy Ba ter City Clerk September ]5, 2026, Mendota Heights City Council Page 9 of 9