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2011-01-18 City Council minutesJanuary 18, 2011 Page I CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 18, 2011 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 Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Petschel, and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the agenda as presented. Ayes: 4 Councilmember Petschel seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on January 4, 2011. Ayes: 4 Councilmember Petschel seconded the motion. Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the December 28 2010 Fire Report b. Approval to Begin the Recruitment Process for Mendota Heights Par 3 Seasonal Employees c. Approval of Purchase of a F450 4x4 One Ton Truck and Dump Body d. Approval of Sign Permit for 2920 Pilot Knob Road (Northmarq) e. Approval of Sign Permit for 750 Main Street, Suite 214 (Travel Leaders) 15 Ayes: 4 Nays: 0 January 18, 2011 Page 2 f. Approval of Payment for 2008 Street Reconstruction Project g. Approval of Resolution No. 2011 -08 " RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE KNOLLWOOD LANE NEIGHBORHOOD REHABILITATION PROJECT" h. Approval of No. 2011 -09 " RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT OF $100 FROM MILDRED MASTBAUM" i. Approval of the Contractors List j. Approval of the Claims List dated January 18, 2011 totaling $1,060,402.72 Councilmember Vitelli seconded the motion. GIFT FROM MILDRED MASTBAUM Mayor Krebsbach expressed thanks to Mildred Mastbaum for her gift of $100 honoring two police officers that came to her assistance after blocked vents in her home prevented her heat from working. FEASIBILITY REPORT Public Works Director Mazzitello explained the 2011 KNOLLWOOD LANE rehabilitation project proposed for the Knollwood Lane REHABILITATION PROJECT neighborhood. The pavement replacement proposed would change the pavement depth from. the existing two- inch depth to three and one -half inches bringing the streets to city standards. In addition the proposal includes a crack seal and seal coat for additional streets in the neighborhood. He continued the proposed unit assessment of $3000 is slightly higher than the standard rehabilitation assessment for the fact that there are a greater number of corner parcels which can only be assessed as one unit although they possess access to two streets. Mr. Mazzitello stated the proposal includes a public hearing date of April 19, 2011 and construction beginning summer 2011. Mr. Mazzitello informed the plan was to hold a neighborhood meeting at City Hall between now and the public hearing. . PUBLIC COMMENTS There were none. CITY COUNCIL VACANCY Mayor Krebsbach explained the history of and the process for filling the city council vacancy. Mayor Krebsbaeh first wished to thank the residents of Mendota Heights for their January 18, 2011 Page 3 support in her role as councilmember for the past eighteen years and her election to the position of mayor. Mayor Krebsbach explained after discussion at the December 21, 2010 city council meeting it was decided to move forward with an application process for filling the vacant council seat instead of the straight out appointment process which was used in the 1998 vacant council seat appointment of Mike Dwyer. Mayor Krebsbach continued on January 4, 2011 the city council officially approved the application process to fill the vacant city council seat and on January 13, 2011 the council interviewed eight candidates who submitted applications for the vacant position and subsequently discussed the interviews and the candidates. Mayor Krebsbach informed there was no formal vote taken at the January 13, 2011 meeting but the decision was made to narrow the candidates from eight to the following three candidates: Mike Povolny, Jill Smith and Ansis Viksnins. Mayor Krebsbach continued they were very grateful for the eight applicants who came forward, particularly Sally Lorberbaum, who serves on the Airport Relations Commission, is an applicant for the Planning Commission and ran for City Council. In addition, Mayor Krebsbach thanked the additional four applicants, Terry Schwartz, Matt Schaefer, John Coleman and Jameel Qiblawi. Mayor Kxebsbach stated tonight we would be making the appointment to the city council and asked City Attorney Diehm to explain the appointment process. City Attorney Dielun explained the process per Minnesota state statute that council shall make an appointment and in the event of a tie vote the mayor has the right to make the appointment. Ms. Diehm further explained much time has been spent in searching for additional direction, consulting with the League of Minnesota Cities, reviewing case law and reviewing Attorney General opinions resulting in two attorney general opinions somewhat on point. Ms. Diehm referenced one Attorney General opinion from 1955 issued by Miles Lord and one in 1962 issued by Walter Mondale dealing with the vacancy issue and stated in the 1955 case no decision could be made and in the 1962 case they went through four unsuccessful votes and the mayor ended up making the appointment. Ms. Diehm stated the League of Minnesota Cities advised us the statute is to be read literally and a tie vote results in an appointment, but procedurally IM January 18, 2011 Page 4 they recommend the mayor be allowed to cast the first vote in a roll call vote so that the mayor is not in a position of creating a tie and therefore forcing an appointment. Ms. Dielrn stated her recommendation would be to work through the process, hear from the candidates if desired and if a motion is made and seconded we will ask for a roll call vote with the mayor casting that first vote in the roll call. Mayor Krebsbach stated they would follow the recommendation and proceeded to invite the candidates to address the council and community with a brief presentation. Councilmember Duggan asked for additional information regarding the process after the candidates completed their presentations. Mayor Krebsbach explained the process following the presentations would result in a call for a motion to appoint and a second and any discussion would be only after there was a second. Councilmember Duggan asked if each councilmember had a vote to which Mayor . Krebsbach acknowledged yes. Councilmember Duggan likened the process to an election and casting a vote. Mayor Krebsbach clarified this was not an election it was an appointment and therefore the motion would be to nominate a candidate for appointment and no discussion would be had if there was not a second on the motion. Councilmember Duggan asked if three votes would be anticipated since there were three candidates. Mayor Krebsbach responded there could be one, there could be two but she did not see them getting beyond two because if there were a tie she would move to appoint. Councilmember Vitelli added he was in agreement with the process. Mayor Krebsbach invited candidate Ansis Viksnins to address the council and community. Applicant Ansis Viksnins explained that he chose to move to Mendota Heights in 1984 because he felt it was exactly the right community for them because it is the right distance from the central cities but has all the advantages of being far away and 16 years later he feels it was one of the best choices they could have made. He expressed what a quality community Mendota Heights is and stated he has been on the Planning Commission for the past four years and has an understanding of many of the planning issues that currently t January 18, 2011 Page 5 face the city and has developed relationships with city staff. Mr. Viksnins continued he would ask for support for two reasons: the first reason, he is lawyer and does litigation work and works everyday with statutes, regulations and ordinances and is familiar with many of the issues that would come before council, but added that it is not his intention or his place to supplant the position of the City Attorney. Secondly, he offered that the discipline that comes with his profession and the decision making skills would benefit the council. In addition, he has a strong ability to reach consensus and a long history of working with committees and boards and he would be respectful, collegial and work hard on the council. Mr. Viksnins thanked the council for their time in hearing hire. Mayor Krebsbach invited candidate Jill Smith to address the council and community. Candidate Jill Smith introduced herself as a long term resident of the city of 22 years and as an active member of the community for most of that period. Ms. Smith stated she served on the council for eight years in the mid 1990's and takes her responsibilities very seriously. Ms. Smith stated she has served on the Transportation Advisory Board for much of the last decade and has been actively involved in the Dakota County Farmland and Natural Area Preservation Committee and an active participant in the funding for Pilot Knob and Dodge Nature Center. She stated she currently serves on the Dakota County Parks and Recreation Commission and sees a great collaboration with that and our city's needs. Ms. Smith continued in her involvement with the Transportation Advisory Board she has been active in promoting the interests of our community to the MAC in terms of their capital improvement program and in getting the attention we need with regard to airport noise. She stated she recently ran for mayor and visited most of the community and feels she has a pulse on what the residents want. Ms. Smith stated she spent 19 years in the corporate real estate department at 3M and was active throughout the community and is very familiar with the communities and their processes. Ms. Smith asked for consideration and expressed that it would be an honor to serve Mendota Heights again. li' January 18, 2011 Page 6 Mayor Krebsbach invited candidate Mike Povolny to address the council and community. Candidate Mike Povolny stated he has been a resident of Mendota Heights for 27 years and is married to Kim and has two children, a fourteen year old son who attends St. Thomas and a daughter in nursing school. Mr. Povolny continued he grew up in West St. Paul and as a child used to ride his bike through Mendota Heights and knew then that this was where he wanted to live. He stated he owns his own business which he started 35 years ago and has experienced similar issues in growing a business that the city faces including personnel, finance and budget concerns. Mr. Povolny stated he served originally on the Airport Relations Commission for five years and has served on the Plarming Commission for about five years, the last two years serving as the vice -chair and the past six months as the acting chair of the commission. He stated he has been working with the city on the Traffic Safety Committee for the past few years and has a wide variety of experience with the city and in business, likes the city and feels he would do a good job for the city and for the staff. Mr. Povolny thanked the council for the opportunity because without them picking him last week he would not be here again. Mayor Krebsbach thanked Mr. Povolny and addressed the audience and especially the three candidates and expressed the difficult decision the council has before them in that one of the strengths of Mendota Heights is the incredible residents and the great talent, depth of field and the three candidates before them are just outstanding. Mayor Krebsbach continued no matter how this ends this evening, we value each of you as a resident, as leaders and appreciate your willingness to come forward through this appointment process. Mayor Krebsbach opened the floor for a motion. Mayor Krebsbaeh moved to nominate Ansis Viksnins for the city council vacancy. No second was made. Councilmember Duggan moved to nominate Jill Smith for the city council vacancy. Councilmember Petschel seconded the motion. 2.0 January 18, 2011 Page 7 Councilmember Duggan expressed an interest to make a statement in support of candidate Jill Smith for the city council seat vacancy and began with a quote by Mayor Krebsbach about wanting to hit the ground running with regard to the new councilmember and reiterated the consensus of having a wealth of talent to choose from to serve the city. Councilmember Duggan continued we must look to the strengths of the candidates, their commitment to service and their involvement in our community through the city, the county and the metropolitan region and in his mind this is where Jill Smith stands out. Councilmember Duggan added that just because he is for somebody does not mean that he is against somebody else. Councilmember Duggan stated Jill Smith has been elected and re- elected to the city council, ran for mayor knocking on over forty four hundred doors and losing by a very narrow margin. Councilmember Duggan continued her service to the county has included her active support for Pilot Knob and service on the Dakota County Farmland and Natural Area Committee that recommended Dakota County contribute half a million dollars towards the purchase of Pilot Knob. Councilmember Duggan stated she actively serves on the Dakota County Parks and Recreation Advisory Committee and represented Mendota Heights on the Northern Dakota County Cable Commission. Councilmember Duggan continued her service to the metro area includes her service on the Transportation Advisory Board and her advising on this board has helped Mendota Heights in the areas of the interchange at Delaware and Highway 494, working with Inver Grove Heights, Sunfish Lake and Eagan, she served on the Association of Minnesota Municipalities now known as Metro Cities and most importantly for Mendota Heights she actively served on Metropolitan Air Sound Abatement Committee and along with others developed our current Noise Oversight Committee, advisory to Metropolitan Airports Commission, which is considered second to none in the nation with regard to the work that it does. Councilmember Duggan expressed that somehow in addition to Jill Smith's level of civic duty she has enjoyed a successful business career for over 19 years with a very large multi- national organization in the areas of real estate, 41 January 18, 2011 Page 8 banking, land development, critical uses, municipal zoning and subdivision planning including a strong grasp of rules, laws and regulations. Councilmember Duggan inquired how we could ignore such broad skills, qualities and assets. Councilmember Duggan expressed both Mike and Ansis serve our city very well but lack this level of commitment, experience and involvement at this tune, even though he expected that to change in the future. Councihnernber Duggan continued that Jill's level of support continues even outside of office in analyzing reports, her involvement in committees and her coaxing to hold Met Council to tougher standards in their 30 year plan allowing us to have five year reviews, all to ensure that Mendota Height's interests are heard. Councilmember Duggan stated it is his belief that Jill Smith has earned her spot on the council, is battle tested, eager to serve and that she can hit the ground rumiing, in addition to her campaign for mayor receiving over 49 percent of the votes. Councilmember Petschel stated she feels a responsibility to the residents and even though statute states we have the right to make this appointment she feels more comfortable letting the residents make the decision about who represents them and in that respect she is in support of Jill Smith who has been vetted by the residents. Councilmember Petschel continued Jill Smith has strong support and she does not want the residents to feel disenchanted by this process. Councilmember Petschel continued she became familiar with Jill at the Transportation Advisory Board where they were successful in their dealing with the 2030 long term comp plan and expressed gratitude to Jill for that success. Mayor Krebsbach explained she served with Jill on the city council during the 90's and stated she was absolutely exemplary and has a wonderful perspective for Mendota Heights and the region. Mayor Krebsbach reiterated she is looking for somebody who can hit the ground running and this is one of the things that appealed to her also about Ansis Viksnins in terms of some of the issues that are key for the city. Mayor Krebsbach added that her vote was not to imply that someone was not qualified or would not be appropriate. ROLL CALL VOTE: JILL SMITH Mayor Krebsbach: No 22 Ayes: 2 Nays: 2 ROLL CALL VOTE: MIKE POVOLNY Ayes: 4 Nays: 0 January 18, 2011 Page 9 Councilmember Duggan: Yes Councilmember Petschel: Yes Councilmember Vitelli: No Mayor Krebsbach stated there was a tie vote and inquired if council would like to discuss or make another motion. Councilmember Vitelli moved to nominate Mike Povolny for the city council seat vacancy. Councilmember Vitelli explained his reasoning in stepping forward to nominate Mike Povolny, our current chairman of the Planning Commission, that he was the only candidate in the process of narrowing the eight candidates to three who received support from at least three of the four councilmembers. Councilmember Vitelli added Mike ran for office and has demonstrated that interest and risk in running for office. Mayor Krebsbach added that Mike ran for mayor during the 1990's. Mayor Krebsbach seconded the motion. Mayor Krebsbach: Yes Councilmember Duggan: Pass Councilmember Petschel: Pass Councilmember Vitelli: Yes Councilmember Duggan: Yes Councilmember Petschel: Yes City Attorney Diehinn explained according to Robert's Rules of Order passing was delaying a vote that eventually would be cast and that each councilmember had the right to pass one time. Councilmembers Duggan and Petschel both voted in favor of appointing Mike Povolny to the city council. Mayor Krebsbach stated in view of the unanimous vote she would like to welcome and congratulate new city councilmember Mike Povolvny. Mayor Krebsbach asked Mike if he wished to come forward and say a few words. Newly appointed councilmember Mike Povolny addressed the council by first thanking them and stated this was even better than watching a card game on television because at least we get to see a couple of cards they have but we did 23 January 18, 2011 Page 10 and that is what it is all about and thanked the council for the opportunity. Mayor Krebsbach commended Jill Smith and stated she was outstanding and expressed the many opportunities ahead for her and possibly here in the city in two years. Mayor Krebsbach addressed Ansis Viksnins and explained she had called Ansis in October and asked him if she won if he would agree to be appointed to her council seat as she had seen him on the Plarn-fing Commission and luaew he would do an excellent job. Mayor Krebsbach continued that his commitment was great and he is a very distinguished attorney, has been excellent to work with and expressed her appreciation in him staying with her through this process and offering his service. Mayor Krebsbach continued that what is good for the city is a consensus candidate but wanted to commend all three candidates. Councilmember Duggan thanked Mayor K-iebsbach and congratulated Mike Povolny on his appointment and reiterated that it was not an easy decision and thanked all three candidates for stepping forward and for their great love for the city and their service. Councilmember Duggan expressed his gratitude in having such wonderful choices and stated he looked forward to a very supportive and hard- working council in the next two years building the great relationship that this council has enjoyed over the past several years, COUNCIL COMMENTS Councilmember Duggan commented he serves on the Dakota Communications Board which accepts 911 calls but now seems to have quite the stork club helping deliver seven babies last year. Mayor Ki ebsbach gave a special thanks to the public works department who have been working six days a week since December 11, 2010 expressing they have done an outstanding job. Mayor Krebsbach added they have done precision plowing and deep snow plowing and apologized to residents if any mailboxes were nicked in the process but acknowledged Mendota Heights has had great streets to drive on and she commends them for a job well done. Mayor Krebsbach added some news in town, Patch.com is here and Fischerville is back open. Public Works Director 24 ADJOURN Ayes: 4 Nays: 0 ATTEST: Sandie Thone City Clerk January 18, 2011 Page 11 John Mazzitello has been promoted to Lieutenant Colonel in the Minnesota Air National Guard and will be speaking at the 50"' annual workshop of the Concrete and Pavement Association with regard to the work done -in Afghanistan. Congratulations to Friendly Hills Middle School who won the engineering excellence award at the future cities competition. Thanks to David McKnight and Sandie Thone and all of the staff in their time and efforts in the city council vacancy process. There being no further business to come before the council, Cow- icilmember Duggan moved to adjourn the meeting. Councilmember Petschel seconded the motion. Time of Adjournment 7:50 p.m. andra Krebsbach Mayor 25