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2019-10-16 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, October 16, 2019 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilors Duggan, Miller, and Petschel were also present. Councilor Paper was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the revised agenda, adding item 5m. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for approval. Councilor Petschel moved approval of the consent calendar as presented, pulling items a.) Approval of October 2, 2019 City Council Minutes; b.) Acknowledge August 21, 2019 Airport Relations Commission Minutes; c.) Approve Outdoor Recreation Grant for Wentworth Park Improvements; d.) Approve Resolution 2019- 76 Authorize Grant Agreement with Metropolitan Council for Inflow and Infiltration Improvements; and e.) Approve Resolution 2019-77 Supporting the Dakota County 2020-2024 Capital Improvement Plan. a. Approval of October 2, 2019 City Council Minutes b. Acknowledge August 21, 2019 Airport Relations Commission Meeting Minutes c. Approve Outdoor Recreation Grant for Wentworth Park Improvements d. Approve Resolution 2019-76 Authorize Grant Agreement with the Metropolitan Council for Inflow and Infiltration Improvements e. Approve Resolution 2019-77 Supporting Dakota County 2020-2024 Capital Improvement Plan f. Approve Out of State Travel Request from the Police Department g. Approve Resolution 2019-80 Authorizing The Auction of a City Owned Vehicle h. Approve 2019-2020 Insurance Renewal and Election to Not Waive Statutory Limits i. Acknowledge August 2019 Fire Synopsis Report j. Acknowledge August 2019 Par 3 Financial Report k. Acknowledge Building Activity Report 1. Approval of Claims List in. Approve Police Officer Hire Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) PULLED CONSENT AGENDA ITEMS A) APPROVAL OF OCTOBER 2, 2019 CITY COUNCIL MINUTES Councilor Duggan stated that he checked with staff on various edits to the minutes. He reviewed the proposed amendments. Councilor Petschel moved to approve the October 2, 2019 City Council Minutes with the suggested edits. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) B) ACKNOWLEDGE AUGUST 21, 2019 AIRPORT RELATIONS COMMISSION MINUTES Councilor Duggan noted that the Commission suggested moving to quarterly meetings, which Chair Sloan agreed would be fine. Councilor Duggan felt that the Council should decide when those meetings can or should be, with the recommendation from the ARC. It was mentioned later on that the meetings be held every other month; which Councilor Duggan would support. He believed that the public should be made aware of this recommendation from the ARC and that the Council is reviewing these options. He also noted that the number of airport noise complaints has increased. Councilor Petschel asked if the minutes had been approved by the Airport Relations Commission. City Administrator Mark McNeill replied that they have been approved. Councilor Petschel clarified that the Airport Relations Commission makes recommendations to the City Council and it is the Council's responsibility to make final decisions. Councilor Duggan moved to acknowledge the August 21, 2019 Airport Relations Commission minutes with the observations being duly noted. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) October 16, 2019 Mendota Heights City Council Page 2 of 12 C) APPROVE OUTDOOR RECREATION GRANT CONTRACT FOR WENTWORTH PARK IMPROVEMENTS Councilor Duggan stated that 4.1(b) states "The Grantee agrees to provide a nonstate match of at least $180,000.00"; however, 4.1(c) states "The total obligation of the state for all compensation and reimbursements to the Grantee under this grant contract will not exceed $180,000.00." City Administrator McNeill replied that he believed there to be a typographical error and that (b) should read "The Grantor". Councilor Duggan continued by explaining that 10.2 (A) reads "The state owns all rights, title, and interest ... originated by the Grantee, its employees, agents, and subcontractors, .." He questioned if the city was blindly throwing its subcontractors under the rules of the state. Councilor Petschel moved to approve the Outdoor Recreation Grant Contract for Wentworth Park Improvements. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) D) APPROVE RESOLUTION 2019-76 AUTHORIZE GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INFLOW AND INFILTRATION IMPROVEMENTS Councilor Duggan questioned an amount in the staff report stating that $146,308.41 was eligible for reimbursement; however, later it states a reimbursement of $90,000. Public Works Director Ryan Ruzek replied that he put $90,000 under the budget impact section because the Sanitary Sewer Capital Improvement Plan showed $90,000 revenue based on this grant. By the Metropolitan Council program, the city could receive $146,000; however, due to the number of cities that applied, he is expecting a lower number. The city will not know the amount to be reimbursed until mid-November 2019. Councilor Duggan moved to approve Resolution 2019-76 Authorize Grant Agreement with the Metropolitan Council for Inflow and Infiltration Improvements. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) E) APPROVE RESOLUTION 2019-77 SUPPORTING THE DAKOTA COUNTY 2020-2024 CAPITAL IMPROVEMENT PLAN Councilor Duggan, referencing the resurfacing of Delaware Avenue, from Marie Avenue to Dodd Road, noted that this project was being removed. Public Works Director Ruzek replied that Dakota County was planning to do a mill and overlay of Delaware Avenue, north of Marie Avenue. They did bid the project, however, the bids came in over the estimate. Therefore, they scaled back the project. They completed a mill and overlay of Pilot Knob Road. West St. Paul had made a request to have the Delaware Avenue segment moved up in the Dakota County's CIP. So, Dakota County is now proposing to have that roadway segment patched until the time it is reconstructed. They are no longer looking to do a mill and overlay. October 16, 2019 Mendota Heights City Council Page 3 of 12 Councilor Duggan questioned the wording in the resolution where it states "Whereas, the City of Mendota Heights intends to participate in costs associated ... " and asked if `intends' was a strong enough word and suggested the word `will' instead. Mr. Ruzek replied that staff was comfortable with the word `intends'. Councilor Petschel stated she was comfortable with it also. Councilor Duggan, referencing the last `whereas' suggested that the word `delay' be replaced with the word `postponed'. Other councilmembers suggested that the words mean the same thing. Councilor Duggan suggested that the last sentence of the resolution that reads "Adopted by the City Council of the City of Mendota Heights this 16th day of October, 2019" have the added phrase "as proposed to be amended." Councilor Petschel noted that she spoke with Mr. Ruzek about where the county is in the process for the Interchange Study at I-494 for the realigned Argenta Trail and for the Regional Roadway Visioning Study update. Mr. Ruzek replied that the county has received all the comprehensive plans from the cities so they can incorporate the city's projected growth into a revised Regional Vision Study. Based on the Regional Roadway Visioning Study he did not have a date for when that would be completed. Dakota County is currently working with the cities of Eagan and Inver Grove Heights on the design of CSAH 26 (70th Street) and CSAR 63 (Argenta south of I-494). The proposed work is proceeding under the premise of setting up the roadways to support the future interchange. As development is starting to occur south of I-494, they are trying to secure the needed right-of-way, which would be along a realigned Argenta east of Delaware Avenue. Councilor Duggan asked staff if Mendota Heights was well represented in return of investment in relation to the projects that the County assigns to the city. City Administrator Mark McNeill replied that they would have to look into that. Councilor Duggan moved to adopt Resolution 2019-77 Supporting Projects Listed in the Draft 2020-2024 Dakota County Capital Improvement Plan, and requesting that the City of Mendota Heights participate in the Regional Studies. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) PUBLIC COMMENTS Mr. Bernard Friel, 715 Mohican Lane, addressed the Planning Commission's recommendation that the City Council repeal the Floor Area Ratio (FAR) provision of the zoning ordinance. He believed the only reason they recommended this was because the proposed self -storage facility does not qualify for a variance from the FAR provisions. Because a proposed project does not comply with the zoning ordinance provision is not a reason to repeal that provision. October 16, 2019 Mendota Heights City Council Page 4 of 12 Mr. Friel stated that the FAR is neither archaic nor redundant. This provision has been a part of the city's ordinance since at least the 1980's. It is a widely used zoning tool for controlling volume, bulk, and density; primarily in commercial and industrial areas. He also expressed his desire to be on the record that he is opposed to having a self -storage facility in Mendota Heights. Mr. Thomas Smith, 625 Hampshire Drive, referred to the memo that Community Development Director Benetti wrote regarding the FAR ordinance. Mr. Benetti stated in the memo that changing or removing the current Floor Area Ratio (FAR) from the Code is appropriate and supported. He questioned who it was appropriate for and who it was supported by. Furthermore, the propriety of building a three-story self -storage facility in the Industrial Park and the implication of removing the FAR to allow this development, will compromise the integrity of the Industrial Park. The items placed inside are unregulated. The idea of approving the self -storage facility for the industrial park is unjustified. Mr. Jim Losleben, 815 Hazel Court, stated that during his tenure on the Council, there was a lot of pressure on development. The Council believed that the city was in a good position and did not have to adjust anything because the city was in charge of what they wanted to build. However, in the last five to six years, that has been lost. He is concerned that, at the last minute, sites need something special. He questioned why this FAR ordinance was coming up at the last minute. He questioned the information the Council was receiving. PRESENTATION A) UPDATE ON FIRE STATON EXPANSION/REMODEL BY PAUL OBERHAUS, CPMI Mr. Paul Oberhaus provided an update on the Fire Station Expansion/Remodel by stating that he considered the last month on the project as a success. Even with the rain, they were able to get the structural steel roof on and the exterior walls are taking shape. The sheeting should be complete by the end of the week. In addition, they have been able to get the underground infiltration system in. Most of the storm sewer system is in, allowing them to start grading and looking towards the path of getting the curbs and base course of asphalt installed before winter. In addition, the underground plumbing inside the building is complete. They are looking to start the masonry on the high roof — the apparatus bay — the high walls. Then they will put poly in the windows and put heat inside as necessary and start grading the interior subgrade and start with the slab -on -grade, which opens up all the interior framing. They are hoping to get the building enclosed and heated before the winter weather arrives. October 16, 2019 Mendota Heights City Council Page 5 of 12 B) RESOLUTION 2019-81 ACCEPTING PROPOSAL ON THE SALE OF $3,195,000 GENERAL OBLIGATION BONDS, SERIES 2019B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF Mr. Jason Aarsvold with Ehlers and Associates noted that the purposes of this bond issuance are for the 2019 street improvement project and for refinancing of bonds from 2010 to save on interest. This bond issuance was rated with Standard and Poors, who upheld the city's AAA rating, the highest rating they assign. The report highlighted that the strong economy in the city and the City's management of the finances are the big factors in assigning the AAA rating. The bonds were put out to bid and there were five bidders; the lowest of which was Baird, Milwaukee, WI, with an interest rate of 1.7553%. They included a premium, which means they paid more than the face value of the bonds in exchange for a higher individual interest rates on those bonds. So, with that extra premium, Ehlers reduced the size of the issuance. The new amount is $3,035,000; which is enough to fund the projects for 2019 and enough to refinance the 2010 bond issue. The total savings is $101,787.00 of interest that the city will not be paying. Councilor Duggan moved to adopt RESOLUTION 2019-81 ACCEPT PROPOSAL ON THE SALE OF $3,035,000 GENERAL OBLIGATION BONDS, SERIES 2019B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Petschel expressed appreciation to Finance Director Kristen Schabacker for looking for opportunities to re -bond when possible so that the residents are not paying more in interest than they need to. She also quoted from the S&P report: "the stable outlook reflects our view that Mendota Heights will maintain strong budgetary performance as well as very strong budgetary flexibility, liquidity, and economic profile given its growing tax base and strong management policies. As a result, we do not expect to have to revise the grading within the 2 -year outlook period." PUBLIC HEARING A) RESOLUTION 2019-75 APPROVE VACATION OF EASEMENT IN MENDOTA HEIGHTS INDUSTRIAL PARK Public Works Director Ryan Ruzek explained that the Council was being asked to conduct a public hearing for an easement vacation in the Industrial Park. The Industrial Park was platted in 1969, and in 1994 Lots 2 and 3, Block 1 were platted as the BDS Addition. At that time, the lot line bisected the easements and the easements were not vacated. Staff is proposing a clean-up of the re -platting. New easements were dedicated on the BDS plat and no utilities exist in the underlying easement; therefore, the city is not losing any rights for future additional improvements. October 16, 2019 Adendota Heights City Council Page 6 of 12 Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Petschel moved to adopt RESOLUTION 2019-75 APPROVING AN EASEMENT VACATION WITHIN THE MENDOTA HEIGHTS INDUSTRIAL PARK. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan suggested that in the future, dates are added to resolutions, explaining when the actions referenced occurred. B) RESOLUTION 2019-72 APPROVE CRITICAL AREA PERMIT FOR 1135 ORCHARD PLACE (PLANNING CASE NO. 2019-26) Community Development Director Tim Benetti explained that Mr. Matt Mosvick, 1135 Orchard Place, requested a Critical Area Permit to build a single-family home. A Critical Area Permit is required for major development in the Mississippi River Corridor Critical Area. The lot was recently created under a lot split. Mr. Mosvick plans to build a new 4,650 square foot single-family walkout rambler with garage. The front -yard setback is based off a string -line rule, or the average set -back rule, between the two homes of 57 feet; which is a requirement as part of the lot split. Side yard setbacks are 16.5 feet each and the rear yard setback is 48 feet. The driveway access would be provided off of Orchard Circle. The new home would be situated approximately 1,240 feet from the edge of the Mississippi River and there are no bluffs or bluff lines identified on the subject property. The Planning Commission reviewed this application and held a separate public hearing at their September 24, 2019 meeting and recommended approval by a vote of 7-0. Councilor Duggan moved to open the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) October 16, 2019 Hendota Heights City Council Page 7 of 12 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan moved to adopt RESOLUTION 2019-72 APPROVING A CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1135 ORCHARD PLACE (PLANNING CASE 2019-26). Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Petschel expressed an apology to the applicant for the delay in approving this Critical Area Permit. C) RESOLUTION 2019-78 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS Public Works Director Ryan Ruzek explained that Council was asked to hold an assessment hearing for the Wesley Neighborhood Improvements. Council ordered this project at their February 29, 2019 meeting; the project was authorized for bid on June 5, 2019. Bids were opened and the project was awarded to Bituminous Roadways on August 7, 2019. The project included pavement replacement, curb repairs, storm sewer improvements to Mager Court, South Lane, Spring Creek Circle, Wesley Court, and Wesley Lane and the construction of a trail on Dodd Road. The total project was bid at $1,399,999.41. The Wesley Lane improvements totaled $903,729.70. The funding sources include assessments ($5,500 / 50 properties) = $291,500.00; Municipal Bonds = $705,239.18; Utility Funds = $11,050.10 for water main improvements and $225,000 for storm sewer improvements; and Municipal State Aid = $400,000 for Dodd Road Trail. The city's street construction policy is to assess the benefiting properties 50% of the reconstruction costs; city costs include the storm sewer, the trail, water main, and other impertinent work. Assessment payments are accepted at City Hall interest free until November 15, 2019. Any unpaid assessments would then be certified to Dakota County after November 18, 2019. Assessments that are deferred are subject to an interest rate based on the bond issuance — 3.7531% - over a 10 -year term. Mr. Ruzek then provided an update on the improvements to each section of the Wesley Neighborhood Improvements. Councilor Miller asked why the area on Wesley Lane was retaining water. Mr. Ruzek replied that he has worked with a few residents in the area on the discharging of their sump pumps. There is also a landlocked area where some lots showed a 4 -foot fill section when the neighborhood was originally developed. His assumption was that water is flowing between the native ground and the fill. Adding the drain tile will enable collection of the water and discharge it into the storm sewer system. October 16, 2019 Mendota Heights City Council Page 8 of 12 Councilor Duggan asked if the cost for the additional work would affect the assessment amounts. Mr. Ruzek replied that the assessments are capped and the amounts would not be affected. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Mr. Louis Eschle, 1844 Dodd Road, stated that he does not use Mager Court and his driveway exits onto Dodd Road. Since the curb was not changed, he questioned what benefit he was receiving and why he was being assessed. Mr. Ruzek replied that this particular property is just along the north of Mager Court and the driveway does access Dodd Road. He would look at this property as benefiting someday; the options would be to not assess the property or defer the assessment until such time as it would have driveway access to Mager Court. He requested that the property owner provide a handwritten letter stating that he wished to defer the assessment to this property until such time that it develops. City Attorney Andrew Pratt reminded the Council that to appeal/defer an assessment there needs to be a written statement handed to the presiding officer at the meeting — meaning before the closing of this hearing. Other options are also available for deferment, which were included in the public notices. Mr. Louis Eschle provided a written statement notifying the Council that he wished to defer or appeal his assessment. City Attorney Andrew Pratt stated that there is a method for deferring assessments. State Statute states that deferring an assessment requires the homeowner to meet certain criteria. The property needs to be owned by a person 65 -years of age or older or retired by virtue of impermanent and total disability for whom it would be a hardship to make the payments. There is also a military clause for deferment. Mr. Jameel Qiblawi, 715 Wesley Lane, questioned the water issues and stated there are sink holes in lawns and flooding at 715 Mager Court. He asked for details about what is known about the water table and ground water in the area. Mr. Ruzek replied that the water in the mid -point of the project was coming from the southeast. Some properties will be installing rain gardens so run-off does not increase. There is substantial water that runs through the backyards. There have been no documented changes in the area in the recent past. Currently there is no definitive information on what is happening. Mr. Nick Houle, 1861 South Lane, stated that he does not have any drainage problems; however, he pointed out other houses in the area have very high-water tables. One of his neighbors tried to put in footings for a deck and they could not find a solid surface because of the high-water table. Councilor Miller asked for an explanation of the difference between an appeal and a deferment. Attorney Pratt explained that an appeal is laid out in state statute very specifically in that there needs to be a written statement at this hearing appealing the assessment and it does need to be specific. All special assessments need to at least match the benefits to each property that is being assessed. Once the appeal is given to the presiding officer at this hearing, within 30 days there needs to be a case filed with the District Court. A deferment is a way to assist the homeowner in some form or fashion if they meet the criteria. There is no court action. October 16, 2019 Mendota Heights City Council Page 9 of 12 Councilor Petschel moved to close the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan moved to adopt RESOLUTION 2019-78 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) D) RESOLUTION 2019-79 ADOPTING AND CONFIRMING ASSESSMENTS FOR TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS Public Works Director Ryan Ruzek explained this assessment hearing was for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvement/Replacement Project. Council awarded this project on September 3, 2019 to Rosti Construction. They started last week and have completed most of the removal of the main retaining wall on Outlot E. There are other retaining walls in the area that are also failing - one runs along the back of the condominium buildings, a small retaining wall leading to the Dakota County CDA underground parking facility, and another retaining wall on the back side of the 720 building. The city hired a consultant to design this project. The Outlot E retaining wall reconstruction came in at an estimated $292,780. There is an additional block wall on Victoria and Walsh Lane that is also proposed to be reconstructed, for the bid price is $32,103. With indirect costs, the total project cost is $406,104. The city is proposing to assess 50% of the Outlot E retaining wall reconstruction, equating to $182,988. The city would then be bonding for the other $182,988 (50% of the Outlot E Retaining Wall Reconstruction) and $40,129 for the reconstruction of the block wall on Victoria and Walsh. Payments can be made at City Hall interest free until November 15, 2019. Unpaid assessments would then be certified to Dakota County after November 18, 2019. All proposed assessments are payable over a 10 -year period at an interest rate of 3.7531%. Councilor Miller asked if the pile of boulders currently on The Village lot were the ones removed by the contractor. Mr. Ruzek replied that they are not; they were brought in by the contractor and placed at that location because there was not enough room closer to the site. Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) October 16, 2019 Mendota Heights City Council Page 10 of 12 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan moved to adopt RESOLUTION 2019-79 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS. Councilor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) NEW AND UNFINISHED BUSINESS A) ORDINANCE NO. 543 REVISE CODE REGARDING THE DISTANCE REQUIREMENT BETWEEN LIQUOR ESTABLISHMENTS AND RELIGIOUS ESTABLISHMENTS/SCHOOLS City Administrator Mark McNeill explained that Council was being asked to consider amending the City Code that governs the minimum distance requirement between schools or places of worship and licensed liquor establishments, both on and off sale. The reason for this consideration is the upcoming development at the Village Lots. A restaurant is being proposed. Current City Code requires that any establishment holding a liquor license must be at least 1,000 feet away from a school, or 725 feet away from a church. St. Paul United Methodist Church is located about 500 feet from the proposed liquor establishment. However, the ordinance states that "the distance is to be measured from the lot upon which the establishment is to be located to the nearest point of the church building". Using that criteria, a section of the lot could be as close as 180 feet from the nearest point of the adjacent church building. One of the things that staff asked the Council to consider was whether they wanted to continue to have that restriction in place. The City Clerk surveyed other cities in Dakota County and also the City of St. Paul; approximately 50% did not have the distance restrictions in place. There are those that still have them; however, Mendota Heights is probably one of the more restrictive. Staff also contacted each of the schools to inform them of what was occurring and received acknowledgement from ISD 197 and Visitation. However, none of the school properties within an area zoned for commercial or retail businesses. Councilor Petschel asked if the City Code states that on -sale liquor license establishments must serve food. Mr. McNeill replied that the City Code states there must be food served with alcohol. If someone wanted to open an off -sale liquor store, it would have to be in an area that was properly zoned for retail. Councilor Petschel mentioned that the Speedway convenience store, which sells 3.2 beer off sale, is located near Holy Family Maronite Church; and Somerset Country Club which serves alcohol is located near Somerset School. She wished to make the point that the Council is not breaking new ground here; there are circumstances already within the city where this particular code has not been applied. October 16, 2019 Mendota Heights City Council Page 11 of 12 Councilor Miller requested that details be shared regarding staff reaching out to St. Paul United Methodist Church. Mr. McNeill replied that staff contacted the church in early September to inform them of the proposed restaurant within the restricted area and he met personally with the pastor. The pastor took the issue to the Church Council. The church was more concerned with signage, parking, etc., at the future development. Councilor Duggan moved to adopt ORDINANCE NO. 543 AMENDING TITLE 3, CHAPTER 1, OF THE MENDOTA HEIGHTS CITY CODE REGARDING ALCOHOLIC BEVERAGES. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the Super -Hero Masquerade will take place on November 17 at Thompson Park Dakota Lodge. Registration is open for the Winter Break Trips and gymnastics. Applications are being taken for seasonal rink flooders and warming house attendants. The October 31St Halloween Bonfire will be held starting at 7:00 pm behind Mendota Plaza. COUNCIL COMMENTS Councilor Petschel let the public know that Police Sergeant Tanner Spicer is a self-taught but exquisite woodcarver. His first show in an art gallery will be at Gustav's in Lindstrom starting at 3:00 p.m. on October 20, 2019. The show will run for three weeks. Councilor Miller wished everyone safe travels over the long MEA weekend. Councilor Duggan wished everyone safe travels while driving about the community. ADJOURN Mayor Garlock moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Mayor Garlock adjourned the meeting at 8:50 p.m. ATTE Lorri Smith ` City Clerk Neil Garlock Mayor October 16, 2019 Mendota Heights City Council Page 12 of 12