2019-09-24 Council Work Session MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Work Session
Held September 24, 2019
Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota
Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 4:00 pm. Councilmembers Duggan, Miller, Paper
and Petschel were also present.
City staff present included Mark McNeill, City Administrator; Cheryl Jacobson, Assistant City
Administrator; Tim Benetti, Community Development Director; Ryan Ruzek, Public Works
Director; and Lorri Smith, City Clerk.
REVIEW AMENDMENT TO CODE REGARDING MASSAGE THERAPY LICENSING
City Administrator Mark McNeill and City Clerk Lorri Smith reviewed a revised code
amendment to update the City Code Section 3-6 Therapeutic Massage. Ms. Smith reviewed the
major changes being proposed.
It was noted that all of the currently licensed massage establishments and therapists have been
notified of the proposed changes. To date, no one has contacted the City with questions or issues
with the changes.
The Council members questioned how thorough the background investigations are for these
types of licenses. Police Chief McCarthy stated the investigation is very thorough and the data is
searched nationwide on each applicant.
Councilor Petschel questioned if a therapist could practice from their residence. Ms. Smith
stated that massage establishments must be located in the B 1 zoning district. A therapist could
not practice from a residential neighborhood. It was noted that if this issue comes up in the
future, then the Council could take a closer look at possibly allowing this.
Councilor Duggan provided some grammatical corrections to the proposed ordinance.
After discussion, the Council directed staff to bring this ordinance forward at the next City
Council meeting of October 2, 2019.
DISCUSSION OF ALLOWING CHARITABLE GAMBLING IN MENDOTA HEIGHTS
City Administrator Mark McNeill and City Clerk Lorri Smith reviewed with the Council
proposed City Code language to allow charitable gambling in the City. It was noted that staff
has been contacted by two nonprofit groups that wish to conduct charitable gambling in the city.
They said that charitable gambling would only be allowed in establishments that have an on -sale
liquor license. The gambling proceeds could only be used for allowable expenses identified by
state statute. The proposed ordinance would require an organization to expend at least 50% of its
expenditures on lawful purposes within Mendota Heights or within the trade area defined in the
ordinance as the abutting cities.
The proposed ordinance would also require the organizations conducting charitable gambling to
contribute 10% of their net profits monthly to a fund administered by the city. The city could
then disburse the funds collected as allowed by the state of MN. It was noted that these dollars
could be spent on the 4th of July fireworks display.
The Council discussed if the charitable gambling dollars collected by the nonprofit would be
worth the effort. A majority of the Council members were not in favor of allowing charitable
gambling in Mendota Heights. As a result, the proposed ordinance will not be brought forward.
DISCUSSION OF CODE LANGUAGE REQUIRING A CERTAIN DISTANCE BETWEEN
CHURCHES/SCHOOLS AND LIQUOR LICENSED ESTABLISHMENTS
The current city code language which requires liquor establishments to be a certain distance from
houses of worship and schools was discussed. The current Code requirement is that liquor
establishments cannot be located within 1,000 feet of a school, or within 750 feet from a church.
City Administrator Mark McNeill presented maps showing the proximity of the churches and
schools in Mendota Heights to the licensed liquor establishments. Some are currently not in
compliance with the restrictions.
It was discussed that an on -sale liquor establishment in Mendota Heights must be a restaurant. It
cannot only serve liquor on -sale. The Council discussed that this language may be dated, and
that cities are getting away from these distance restrictions. The results of a survey of Dakota
County cities, and the City of St. Paul were discussed.
The Councilors were in agreement to remove this language from the City Code. An ordinance
will be brought forward to the October 16, 2019 Council meeting to amend the Code.
ESTABLISHMENT OF A CITY COMMISSION
The Council discussed a suggestion from Mendota Heights resident Gail Lewellan to create a
commission to discuss and advise on the future of the Pilot Knob historic site. A Pilot Knob
Advisory Council would be composed of key stakeholders who will use their expertise to
recommend short-term and long-term goals, management objectives, and enhancements for this
area. The Commission would make recommendations to the City Council. It had been noted
that by having a commission, there may be a greater opportunity for receiving grant funds for
this area.
The Council also discussed the possible purchase of privately owned land abutting the Pilot
Knob Hill area. The new area could be used for additional parking space for school buses that
are frequently visiting this area.
Sept 24, 2019 City Council Work Session page 2 of 3
The Councilors were in agreement to further look into both the possible land purchase, and the
creation of a commission proposal. City staff was directed to meet with Gail Lewellan to gather
more ideas, and return to the Council with a plan. Councilors Petschel and Duggan would also
be involved in those discussions.
OTHER
TRAIL ALONG DODD ROAD
Ryan Ruzek, Public Works Director, discussed with the Council the proposed trail improvements
along Dodd Road. He reported that residents in the section between Mager Court and Wesley
Way were not in favor of the trail construction, unless it was part of a more encompassing
construction to Marie Avenue.
Mr. Ruzek reported that the City's engineering consultant was preparing a graphic which would
show an option for a future 10 foot wide trail to be constructed adjacent to the TH 149 curb he
said by doing that, it would reduce any impacts on the adjacent homeowners, but would require a
deviation from State standards. Councilor Miller said that he could work with one of the
property owners who is in the area north of Mager Court regarding placement of the trail.
Without resident support, the City Council felt that the construction of the trail should not take
place this year.
Councilors Miller and Paper left the meeting at 5:18 pm.
Mr. Ruzek also discussed the impacts of not constructing the trail on a storm sewer extension.
Based on the uncertainties of the ability to get agreement from the neighbors, and an issue of
support from the Council, it was determined to not construct the trail with this contract. If,
however, the right of way issue can get resolved in a timely manner, the Council felt that the
topic could be revisited for a possible 2020 construction.
ADJOURN
The meeting was adjourned at 5:35 pm.
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Lorri Smith, City Clerk
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Neil Garlock, Mayor
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