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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. ��LL�4 Lorri Smith, City Clerk C Neil Garlock, Mayor Sept 24, 2019 City Council Work Session page 3 of 3