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2010-09-21 City Council minutesPursuant to due call and Heights, Minnesota was Heights, Minnesota. CALL TO ORDER September 21, 2010 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 21, 2010 notice thereof, the regular meeting of the City Council, City of Mendota held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Schneeman and Vitelli. Absent and excused was Councilmember Duggan. Councilmember Krebsbach notified council that she would be late. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Vitelli moved adoption of the agenda as presented. Councilmember Schneeman seconded the motion. Consent item G was removed from the agenda. Councilmember Schneeman moved approval of the minutes of the regular meeting held on September 7, 2010 as submitted. Councilmember Vitelli seconded the motion. Councilmember Vitelli moved approval of the consent calendar as presented, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the July 2010 Fire Department Report b. Acknowledgement of the August 2010 Treasurer's Report Meeting c. Acknowledgement of the August 2010 Par 3 Update d. Authorization for Mayor to sign Engagement Letter for 2010 Audit e. Authorization of Purchase of Snow Plow Ayes: 3 Nays: 0 PUBLIC COMMENTS INTRODUCTION OF MAC COMMISSIONER JOHN MCCLUNG September 21, 2010 Page 2 f. Authorization of Purchase Order for Street Paint Striping h. Approval of Award of Professional Services Contract for Geotechnical Services associated with TH55/ Mendota Heights Road Intersection Improvement Project i. Approval of Sign Permit for Anytime Fitness (756 Highway 110) j. Adoption of Resolution No. 10 -76: "RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE 2010 GENERAL ELECTION" k. Adoption of Resolution No. 10 -77: "RESOLUTION ACCEPTING DONATIONS" 1. Approval of Contractors List, dated September 15, 2010 m. Approval of the List of Claims, dated September 21, 2010, totaling $225,851.73 Councilmember Schneeman seconded the motion. Mark Josephs, Edward Jones Investments, stated he moved his financial planning business to Mendota Heights last week and had worked with the City of Prior Lake years ago so he intends to volunteer with the city. The council welcomed Mr. Josephs to Mendota Heights. City Administrator McKnight noted the attendance of John McClung who had been appointed earlier this year by Governor Pawlenty to fill the regions vacant seat on the Metropolitan Airports Commission. He advised that Mr. McClung will be attending the October Airport Relation Commission's (ARC) meeting as well. John McClung, MAC Commissioner, introduced himself and stated he appreciates the opportunity to speak with the council. He stated he is a 30 year resident of Mendota Heights and his son and daughter received a terrific education at the local school system. He reviewed his business background and interests he is enjoying while retired. He stated the MAC is a creation of the state legislature, employs 575 people, manages a $275 million budget, and operates the fourteenth largest airport in the United States as well as six smaller reliever airports. Mr. McClung commented on the importance of balance WATER TOWER REHABILITATION CHANGE ORDER #1 -5 September 21, 2010 Page 3 between competing airlines and airports and the dynamic impact of using larger sized planes. He explained that MAC functions similar to a city with a police department and maintenance staff, and subject to a lot of regulation. Mr. McClung stated he is pleased to be involved with the MAC. Mayor Huber stated he is pleased to have a Mendota Heights resident appointed to the MAC and commented on the importance of the Mendota Heights ARC. He stated MAC is a great resource for the city and staff has built a good dialogue with them about the city's concerns over the years. He stated the city looks forward to the active participation of Mr. McClung on the MAC. Councilmember Schneeman stated noise is always a concern but currently under control. She welcomed Mr. McClung. Councilmember Vitelli thanked Mr. McClung for his work on the MAC. Councilmember Krebsbach arrived at 7:11 p.m. She welcomed Mr. McClung and thanked him for his service to the city. Public Works Director /City Engineer Mazzitello explained that during the course of the water tower rehabilitation, issues were raised for improving the overall finished product. He presented the following: change orders one to remove and replace the existing overhead rolling door, two and three to weld support brackets and install messenger pipe, four to replace the pedestrian door and painting it to match the tower, and five to replace and reconfigure the splash pad to minimize future erosion of soil around the overflow. Mr. Mazzitello advised that all five change orders total $12,350, which is approximately one percent of the contract total. He stated that a one percent total in change orders is not out of the ordinary. September 21, 2010 Page 4 Councilmember Vitelli moved to implement staff's recommendations and approve change order one through five for the water tower rehabilitation project at a cost not to exceed $12,235.00. Councilmember Schneeman seconded the motion. Mr. Mazzitello explained that staff met with the project manager and reported the project completion date will be beyond August 30, 2010, due to weather delays so it is likely the KLM original contract amount will be exceeded due to additional hours the consultant has spent on the project. City Attorney Diehm stated at the last meeting the council considered an amendment to the Mendota Mall PUD agreement to extend hours of operation. She explained that under city code, businesses are allowed to operate from 6:00 a.m. to 10:30 p.m. with a limited exemption for operations with liquor licenses. The amendment under consideration would allow a fitness club to operate 24 hours a day. Ms. Diehm stated at the last meeting the council discussed whether allowing this exception would restrict the council from placing restrictions on future applications. She referenced staff's memorandum and advised the council's decision was legislative in nature with broad latitude so each future request will be considered on its own merits and the council's discretion will not be diminished by the action taken tonight. Councilmember Krebsbach thanked staff for the excellent memorandum. She stated the council had thoughtful discussions as The Village has been developed. She noted staffs finding that this is a unique use requiring membership and access card so it is different from a retail operation and would not be viewed the same by a court. Ms. Diehm answered in the affirmative. Councilmember Krebsbach asked whether the council would jeopardize its ability to deny a future request by approving the Fischerville liquor license? Ms. Diehm explained the Fischerville license was part of a liquor license application and such applicants would be treated differently since the PUD excludes on -sale liquor establishments. Thus, the action taken with the Fischerville license will not impact the decision made tonight. Ms. Diehm advised that each request should be considered separately. September 21, 2010 Page 5 Councilmember Vitelli moved to authorize the Mayor and Acting City Clerk to sign the agreement to amend the Mendota Mall PUD Agreement. Councilmember Schneeman seconded the motion. Mayor Huber noted there are different types of fitness clubs and suggested adding language to address square footage. Ms. Diehm explained the amendment does not tailor language to a particular fitness club and stated the language could limit the size to less than 10,000 square feet. Ken Henk, Paster Enterprises, introduced Reid Bradley, the owner of Anytime Fitness. He advised they have no objection to restricting the fitness club to being less than 10,000 square feet. Councilmember Krebsbach stated that in terms of planning and the agreement reached with The Plaza on hours of operation, she would support adding the 10,000 square foot restriction to more narrowly define fitness club. Councilmembers Vitelli and Schneeman agreed to amend the motion to add language to the PUD agreement to restrict the size to 10,000 square feet. Councilmember Schneeman asked what is the size of the current Anytime Fitness facility? Mr. Bradley stated their current facility at The Village is 3,800 square feet. He stated their customers are seeing results, they will be adding classes, and expect to officially open on October 4, 2010. Mr. Bradley welcomed all to visit. Mr. McKnight stated staff will refine page 68 of the meeting packet, hours of operation, to include "of less than 10,000 square feet" and reviewed that the council's decision is based on access being limited to paying members not the general public, no goods are sold at the location and therefore unlike other retail establishments no money transfers occur, access is controlled by key cards or other means, and no employees are on site at night. Councilmember Krebsbach commended the staff for its work on this application. September 21, 2010 Page 6 COUNCIL COMMENTS Councilmember Krebsbach stated fall is coming and things are going well in Mendota Heights. ADJOURN Ayes: 4 Nays: 0 ATTEST: Nancy B er Acting City Clerk Mayor Huber encouraged residents to support the Fire Department and buy tickets for the November 13, 2010, Firemen's Dance. He noted the fire hall open house is scheduled for October 9, 2010. Assistant to the City Administrator Sedlacek stated the Halloween bonfire is scheduled, thanks to Paster Enterprises, and brush can be dropped off starting on October 25, 2010. There being no further business to come before the council, Councilmember Vitelli moved to adjourn the meeting. Councilmember Schneeman seconded the motion. Time of Adjournment 7:27 p.m Prepared by Carla Wirth, Recording Secretary