2017-12-05 Council Closed Session MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Closed Session/Work Session
Held December 5, 2017
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 Gaxlock called the meeting to order at 6:00 pm. Councilmembers Duggan, Miller, Paper,
Petschel were also present.
CLOSED SESSION TO DISCUSS ATTORNEY/CLIENT PRIVILEGE MATTERS
A motion to adjourn to a closed session pursuant to Minnesota Statute §13D.05 subd. 3(b); for
Attorney Client Privilege for discussion of pending litigation in the case of Royal Oaks Realty, Inc.,
David J. Olin, and James R. Olin Marital Family Trusts vs City of Mendota Heights, Court File No.:
19HA-CV-17-3446, was made by Mayor Garlock, and seconded by Councilor Miller. The motion
passed 5-0. Mayor Garlock adjourned to a closed session of the City Council at 6:01 pm.
Those present in the closed session included Mayor Garlock, Councilmembers Miller, Paper, Duggan
and Petschel. Also in attendance were City Administrator Mark McNeill, Assistant City
Administrator Cheryl Jacobson, League of Minnesota Cities Attorney Paul Merwin, City Attorney
Tom Lehmann, Public Works Director Ryan Ruzek, and Community Development Director Tim
Benetti,
The Council remained in closed session pursuant to Minnesota Statute § 13D.03 for Attorney Client
Privilege for discussion of labor negotiations strategy. Those present included Mayor Garlock,
Councilmembers Duggan, Miller, Paper, and Petschel. Also in attendance were Assistant City
Administrator Cheryl Jacobson, City Attorney Tom Lehmann, and City Administrator Mark
McNeill.
A motion was made by Councilor Duggan and seconded by Councilor Paper to adjourn the closed
meeting and to return to the open meeting at 6:46 pm. The motion passed 5�0,
It was stated that no official action was taken by the Council in the closed session meeting. The
Council will provide a summary of the closed session at a regular Council meeting as required by
Minnesota Statutes.
OPEN SESSION
The Council discussed displays the City allows at Market Square Park. City Administrator McNeill
said that the City had received a request from Chabad of Greater St. Paul for a Chanukah Celebration
and Menorah Lighting at Market Square Park at the Village of Mendota Heights at 6 PM on Tuesday,
December 12th
Administrator McNeill said that he and Assistant City Administrator Cheryl Jacobson had been
working with the representatives of the group. He said that the concern was that the Village was a
public park (but privately maintained by the R1V�' group), and that religious displays might open the
City to requests from other organizations for displays. Options to have the Menorah lighting on
private property had not been fruitful, and so the request was again to be held at Market Square Park
Administrator McNeill said that a survey of other cities in Minnesota for park use policies in had not
yielded information which would be helpful in this case.
Councilor Paper noted that Menorahs were on display at state capitol buildings in South Dakota and
Minnesota, and at Federal buildings in Washington, D.C.
The consensus of the Council was to allow the Menorah Lighting and Chanukah celebration to
proceed, but to investigate possible policies to address future displays by organizations in public
parks.
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Motion Councilor Petschel and seconded by Councilor Paper to adjourn the meeting at 7:02 pm.
Motion carried 5-0.
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Lorri Smith, City Clerk
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Neil Garlock, Mayor
Dec 5, 2017 Council Closed Session/Work Session page 2 of 2