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2011-01-04 City Council minutesJanuary 4, 2011 Page 1 CITY OF MENDOTA HEIGHTS - DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 4, 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. OATH OF OFFICE City Administrator McKnight administered the Oath of Office to Mayor Sandra Krebsbach, who was elected on November 2, 2010 to a two -year term of office, and to Councilmembers Ultan Duggan who was re- elected to a four -year term of office and Liz Petschel, who was elected to a four -year term of office. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:06 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 Vitelli seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on December 21, 2010. Ayes: 4 Councilmember Vitelli seconded the motion. Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Mayor Krebsbach noted the South -West Review was the 2011 designation of the official newspaper. Mayor Krebsbach stated the appointment of Data Practices Compliance Officials Sandie Thone and Chief Aschenbrener. In addition, she acknowledged and thanked Hugo and Sue Blackfelner for the donation of $250.00 to the police department. With regret and thanks, Mayor Ayes: 4 Nays: 0 January 4, 2011 Page 2 Krebsbach accepted the resignations of firefighters Joe Hennessy and Rob Soleim. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Minutes from December 28, 2010 Planning Commission Meeting b. Approval of the Official Newspaper for 2011 c. Approval of Changes to the Banking Corporate Authorization Resolution d. Adoption of Resolution No. 2011-01: " RESOLUTION ADOPTING A DATA PRACTICES POLICY AND APPOINTING DATA PRACTICES COMPLIANCE OFFICIALS" e. Adoption of Resolution No. 2011-02: " RESOLUTION ESTABLISHING 2011 CITY DEPOSITORIES OF FUNDS" f. Adoption of Resolution No. 2011-03: " RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2011" g. Adoption of Resolution No. 2011-04: " RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT FROM HUGO AND SUE BLACKFELNEW' h. Accept the Resignation of Firefighters Joe Hennessy and Robb Soleirn i. Approval of the Claims List dated January 4, 2011 totaling $182,776.99 Councilmember Vitelli seconded the motion. PUBLIC COMMENTS There were none. SERVICE AWARDS Mayor Krebsbach stated the city has been very blessed with great service of employees and acknowledged the many friends and family members who were in attendance in support of the employees who were being recognized tonight in appreciation for their five to thirty years of service. Mayor Krebsbach read in full the certificate of appreciation and presented service awards to the following employees: Vince Belmares, Fire Department Five Years Hayley Heidelberg, Fire Department Kim Henning, Police Secretary Stacy Kaiser, IT Manager John Mendez, Fire Department Steve Meyer, Police Officer Dale Stein, Fire Department Sandie Thone, City Clerk January 4, 2011 Page 3 Five Years Five Years Five Years Five Years Five Years Five Years Five Years Eric Petersen, Police Sergeant Ten Years Todd Rosse, Police Officer Ten Years Tanner Spicer, Investigator Ten Years Richard Burrows, Public Works Fifteen Years Brian Convery, Police Sergeant Fifteen Years Tim Oster, Public Works Fifteen Years Scott Patrick, Police Officer Fifteen Years David Dreelan, Fire Department Twenty Years Neil Garlock, Police Sergeant Twenty Years Roy Kingsley, Fire Department Twenty Years Ken Weisenberger, Fire Department Twenty Years Mike Coonan, Fire Department Thirty Years Gordy Skjerven, Fire Department Thirty Years Jeff Stenhaug, Fire Department Thirty Years Staff introduced their friends and family members who joined them as photographs were taken. The audience, staff, and council members responded with a round of applause. PUBLIC HEARING City Clerk Thone reviewed that tonight's public hearing MAPLETREE MENDOTA RETAIL was a continuation of a public hearing held on December OFF-SALE LIQUOR LICENSE 21, 2010 for MapleTree Mendota Retail for an off-sale liquor license for The Wine Market located at 720 Main Street, Suite 101. Ms. Thone noted the applicant was present and had successfully submitted all materials and fees per city code and in compliance with the Minnesota Department of Public Safety and has a closing date scheduled for Friday, January 7, 2011. Ms. Thone provided that the police department background investigations proved to be clear. Ms. Thone informed there were no public comments at the preliminary public hearing held on December 21, 2010 and staff recommends approval to issue the off-sale liquor license as requested to Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 APPOINT O• Ayes: 4 Nays: 0 APPOINT CITY REPRESENTATIVES TO BOARDS AND COMMISSIONS January 4, 2011 Page 4 MapleTree Mendota Retail for The Wine Market located at 720 Main Street, Suite 101. Ms. Thone opened it up for comments or questions. Mayor Krebsbach opened the public hearing at 7:34 p.m. and requested public comments or questions. The applicant and owner of MapleTree Mendota Retail, Corey Maple and the proposed proprietor of The Wine Market, Patricia Judalena appeared before the council. Mr. Maple noted they were available for questions. There being no questions or comments, Councilmember Vitelli moved to close the public hearing at 7:35 p.m. Councilmember Duggan seconded the motion. Councilmember Vitelli moved to approve the issuance of an off -sale liquor license to MapleTree Mendota Retail, LLC for The Wine Market located at 720 Main Street, Suite 101. Councilmember Duggan seconded the motion. Councilmember Duggan moved to nominate Councilmember Vitelli as Acting Mayor during 2011. Councilmember Petschel seconded the motion. Mayor Krebsbach opened the discussion with regard to appointing representatives to boards and commissions for 2011. Mayor Krebsbach noted that the Northern Dakota County Cable Communications Commission requires both a city council representative and a resident representative. Mayor Kresbach informed the current representatives Councilmember Duggan and Mickey Kiefer agreed to continue to serve on the commission for the term February 1, 2011 through January 31, 2013. Mayor Krebsbach noted that the Dakota Communications Center requires both a primary and alternate city council representative. Mayor Krebsbach informed current representatives Councilmember Duggan as the primary and January 4, 2011 Page 5 Mayor Krebsbach as the alternate agreed to continue to serve for the term January 1, 2011 through December 31, 2012. Mayor Krebsbach noted that the Noise Oversight Committee requires both a primary and alternate city council representative(s). Mayor Krebsbach noted current representatives are Councilmember Duggan as primary, Mayor Krebsbach as first alternate and Councilmember Petschel as second alternate. Mayor Krebsbach informed she will be resigning from the committee. Mayor Krebsbach recommended Councilmember Duggan continue his term as primary representative and Councilmember Petschel be appointed as the alternate representative for the remainder of the term which will expire on June 25, 2011. Councilmember Vitelli thanked and commended Councilmember Duggan for his service and contributions to the commissions and committees. Councilmember Duggan thanked Councilmember Petschel for her outstanding service and contributions to the Airport Relations Commission and the Noise Oversight Committee. Councilmember Duggan stated he fully supports and would like to recommend Councilmember Petschel be considered by the council to take his primary representative role at the end of his term later this year. Mayor Krebsbach concluded that she would also like to thank and commend Councilmember Duggan for his commitment and contributions to the commissions and committees he serves. Councilmember Vitelli moved adoption of Resolution No. 2011-05 "A RESOLUTION APPOINTING CITY REPRESENTATIVES TO THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION, DAKOTA COMMUNICATIONS CENTER AND THE NOISE OVERSIGHT COMMITTEE FOR 2011 Ayes: 4 Councilmember Petschel seconded the motion. Nays: 0 CITY COUNCIL VACANCY Mayor Krebsbach stated that discussion of the city council vacancy process was initiated at the meeting on December 21, 2010. Mayor Krebsbach noted the last council vacancy in her experience was in 1998 and the council vacancy was resolved by appointment rather than filled by an application January 4, 2011 Page 6 process as proposed and agreed upon in the case of the current vacancy. Mayor Krebsbach explained the process as follows; approve the appointment process tonight, January 4, 2011, begin to accept applications tomorrow, January 5, 2011, the deadline to receive applications would be January 11, 2011 and the interviews of applicants would take place on January 13, 2011. Mayor Krebsbach continued we would appoint the councilmember at our next regular council meeting on January 18, 2011 and the new councilmember would take the oath of office on January 19, 2011 during the special city council meeting and goal setting session. Mayor Krebsbach explained this process meets the needs of both assuring qualified candidates ample time to apply and supports an expedited plan to fill the vacancy to ensure adequate service with regard to future meetings, sessions and appointments. Councilmember Vitelli inquired if the appointment on January 18, 2011 was a meeting. Mayor Krebsbach confirmed that yes this was a meeting and that the appointment would be made with a majority vote and that in case of a tie vote the mayor should make the appointment. Councilmember Vitelli asked where the oath of office would be administered the following day. City Administrator McKnight explained the following day, January 19, 2011 was the annual goal setting session and the oath of office would be administered before the session. Mr. McKnight stated that we could additionally opt to have an additional formal oath of office at the next regular city council meeting held in February if council so desired. Mayor Krebsbach inquired whether it is acceptable to have a councilmember sworn into office at the January 19, 2011 meeting. City Administrator McKnight explained that the meeting on January 19, 2011 is a special city council meeting and therefore qualified as an acceptable meeting for the oath of office to be administered. Councilmember Duggan inquired with regard to the interviews being held on the 13th of January and stated that usually the interviewing body has a good idea of who will be selected. Councilmember Duggan raised concerns about the appointment of an alternate candidate which seemed to January 4, 2011 Page 7 fly in the face of the interview and appointment process determined to be best. Councilmember Duggan reiterated his concern for this process if the council could not come to an agreement during the period between January 13 and January 18, 2011. Mayor Krebsbach asked City Attorney Diehm to qualify the process in the event of such a scenario. City Attorney Diehm explained that the language states that you are not bound to appoint someone who fills out the application. Ms. Diehm stated that the statute requires you to fill the vacancy but does not dictate the process to do so. In the case of a tie vote in which the mayor would make the appointment she would be able to appoint anyone who is able and willing to serve in that capacity. So the point of the resolution was to outline the process and ensure that if no one applied or if only one person applied that the council would not be bound to only the pool of applicants. Mayor Krebsbach stated that it remained up to council's discretion and that it gave them the ability to make the appointment on January 18, 2011 for the vacant council seat. Councilmember Duggan inquired if the council was undecided after the interviews on the 13th of January how many tie votes would be permitted. City Attorney Diehm stated there was no good answer to Councilmember Duggan's question. Ms. Diehm stated that if the council could come to an agreement that would be the best solution. Ms. Diehm continued in the event we find ourselves with a tie vote, arguably it could be the end of it. Councilmember Duggan stated if we had chosen the appointment only process that we would have a name and there would be a vote on it and since there are only four voting it would be very easy to have a tie. Councilmember Duggan continued if we could not come to an agreement on the candidate, he would like to know we have a process in place we are in agreement on, as to how we would proceed in that event. January 4, 2011 Page 8 City Attorney Diehm explained that the process will be that someone will make a motion and one of three things will happen, it will pass, it will fail or there will be a tie. Ms. Diehm continued if it passes the person will be named the new councilmember but there will be time for discussion after the motion is made so a councilmember may express why or why not they may be in favor of that motion or perhaps they may have an alternate candidate whose name they would like the opportunity to put forth. Ms. Diehm stated that because this is required to take place at an open meeting it is difficult to anticipate how that will go. Ms. Diehm further stated that if the motion fails someone would have the opportunity to make an alternate motion. Ms. Diehm explained that it is really only in the case of the actual tie vote you would move to the mayor to actually make the appointment. Ms. Diehm recommended all votes be roll call votes to ensure a clear record. Councilmember Duggan recommended that each councilmember have the opportunity to nominate someone so that if we are not clear at the end of the day on January 13, 2011 that we can come forward with our nominations on the 18th of January, beginning with Mayor Krebsbach, senior Councilmember Vitelli, Councilmember Duggan and Councilmember Petschel in that order. Councilmember Duggan explained that if the first nomination failed we would proceed to the next and so on. Mayor Krebsbach inquired on what the definition of failure would be, qualifying that three no votes would be a failure but in the event of a tie according to statute the mayor then makes the appointment. Councilmember Duggan clarified that with two voting for and two voting against that would be a tie vote but asked the question that before we get to that point is the mayor the only one who has an appointment opportunity or does each councilmember have one. City Attorney Diehm explained that if the mayor makes a motion and it fails we would naturally move on to another motion and that could continue through three, four or even ten motions until you have a motion that passes or a tie. The statute does not dictate how many motions can be made, although in the event of a tie the statue does state January 4, 2011 Page 9 that the appointment will be made by the mayor. Ms. Diehm went on to qualify that the statute does not specifically address if the council is deadlocked or if they fail to make a decision, suggesting that it is a singular tie vote. Councilmember Duggan asked if there were any other questions with regard to this process from members of council. Councilmember Petschel responded that she did not have any questions and from her experience and perspective this process to replace a vacant council seat was routine and she wanted to make clear to residents that this practice is standard operating procedures for most municipalities. Councilmember Petschel stated she is content with the process and confident that it will settle itself on January 18, 2011. Councilmember Vitelli added that he also was satisfied with the process. Councilmember Vitelli inquired as to whether proceeding the interviews held on January 13, 2011 would the councilmembers be allowed to discuss their thoughts with regard to the candidates and interviews. City Attorney Diehzn stated technically a councilmember is an employee of the city and has some flexibility with regard to employment decisions and other things, so you can have preliminary discussions, although no decisions can be made and the official decision has to be made at a public meeting. Councilmember Vitelli asked if the discussion after the interviews would be considered a private or a public meeting. City Attorney Dielnn stated since the meeting for which the interviews will be conducted is noticed as a public meeting you could have those discussions at that time understanding that the public is welcomed to attend and would not be asked to leave for such discussions. Councilmember Duggan explained in the event the public chooses not to come to the meeting, as has been the case in some important hiring decisions in the past such as with the January 4, 2011 Page 10 police chief, administrator and public works director, they discussed and made decisions in a public forum but were able to speak and discuss freely due to the lack of a public presence and he noted all of those decisions were excellent. Councilmember Duggan recognized that they would need to be circumspect in comments and sensitive to the applicants, not questioning the information provided, in the event of public presence and stated his hope for an outstanding candidate to be revealed on the 13th of January and a subsequent easy decision for appointment on January 18, 2011. Councilmember Duggan reiterated the importance of understanding the process and being in agreement with it. Mayor Krebsbach stated this has been an important discussion and valuable questions have been raised and there will be more opportunity on the 13th and the 18th of January to continue. Mayor Krebsbach remained confident that this resolution allows us a process to interview and appoint for the council seat vacancy. Councilmember Duggan made an inquiry with regard to how staff is proposing to take minutes of the special meeting scheduled for January 13, 2011. City Administrator McKnight explained that we would take minutes like any regular or special council meeting and they would be available in a summary format. City Administrator McKnight asked for council's approval of the application for the vacant city council seat. Mayor Krebsbach stated that if the applicant would like to attach a resume that would be fine. Councilmember Duggan raised concerns about the time element and review process for applicant paperwork. Mr. McKnight advised council that he would provide them with the applications as he receives them to alleviate time constraints. Mayor Krebsbach stated that she would like all applications on or before January 11, 2011 at 4:00 p.m. City Administrator McKnight proposed a 5:00 p.m. start time to the special city council meeting to conduct the interviews on January 13, 2011. Mayor Krebsbach and the councilmembers agreed on a 15 minute interview length. Councilmember Duggan inquired about advertisement of � i January 4, 2011 Page 11 the vacancy. Mr. McKnight advised the notices will be sent to local newspapers tomorrow. Councilmember Vitelli moved adoption of Resolution No. 2011 -06 "A RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL AND ESTABLISHING THE PROCESS TO FILL THE VACANT COUNCIL SEAT" Ayes: 4 Councilmember Petschel seconded the motion. Nays: 0 CASE NO. 10 -34 Mr. Sedlacek presented the application of William WILLIAM GACKI Gacki for a critical area permit for a three season porch 1133 CASCADE LANE for his residence located at 1133 Cascade Lane. CRITICAL AREA PERMIT Mr. Sedlacelc explained the application falls within the critical area and any additions to these homes are looked at it in terms of their aesthetic impact on the river corridor and any impact they may have on the river as a natural resource. Mr. Sedlacek stated the Planning Commission heard this case at their December 28, 2010 meeting and noticed that the original drawings did not show a step down from the patio door of the three season porch, therefore the applicant provided a new drawing with the addition of the steps. Mr. Sedlacelc informed questions were raised about the soil disturbance and plans were shown to include simple footings placed on concrete resulting in soil disturbance limited to the removal of soil for the footings. Mr. Sedlacek stated the Planning Commission found it would have no negative impact on the critical area. Mr. Sedlacelc added the Planning Commission held a public hearing on December 28, 2010 and there were no public comments. Mr. Sedlacek noted the Planning Commission added a condition on their approval recommendation, which is outlined in the council packet and the condition includes: Approval includes steps subject to staff approval. Mayor Krebsbach asked for comments and questions. The applicant, William Gacki appeared before the council and stated he thought the case was reported fairly and they have lived in the neighborhood for twenty years. Mr. Gacki explained that the porch is a way for his 30 year old son who is confined to a wheelchair to enjoy the sunshine and a little bit of the outdoors. Mayor Krebsbach noted that Mr. Gacki's property is not directly located on the bluff and that Mendota Heights has been a great steward of the bluff. January 4, 2011 Page 12 Councilmember Duggan moved adoption of Resolution No. 2011 -07 "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR A THREE SEASON PORCH AT 1133 CASACADE LANE„ Ayes: 4 Councilmember Petschel seconded the motion. Nays: 0 COUNCIL COMMENTS Councilmember Petschel noted as we were reviewing a planning case which involved the bluff it reminded her of a story published recently with regard to the continued angst between the DNR and local municipalities with regard to treatment of the bluff. Councilmember Petschel offered that the article featured Representative Rick Hanson standing in front of the new buildings in Mendota and expressed for anyone interested in learning about the critical area it was very informative. Councilmember Vitelli asked press representative Danielle Cabot who was in attendance in the audience to share a few moments about Patch.com. Danielle Cabot of Patch.com appeared before council, introduced herself and stated that she was with Mendota Heights Patch, an online community newspaper serving Mendota Heights, Mendota and Lilydale. Ms. Cabot noted they launched on November 30, 2010 and are working on covering the area. Councilmember Vitelli asked how to contact them and Ms. Cabot stated that you can contact them directly through the website at mendotaheights.patch.com. Councilmember Petschel asked if they have been tracking the number of hits on the website and Ms. Cabot stated they do have that capability but she was unaware of the count. Councilmember Vitelli commented on what a useful addition and gap the Patch fulfills for local news in an online format. Mayor Krebsbach noted there are many things the Patch covers and we are grateful for them in our community. Councilmember Duggan stated that a medium such as Patch is more user friendly for the younger people and he believes the site is a wonderful addition to Mendota Heights. Councilmember Vitelli asked about the marketing plan for Patch and Ms. Cabot responded that the plan is grass roots, word of mouth and search engines. Ayes: 4 Nays: 0 ATTEST: Sandie Thone City Clerk January 4, 2011 Page 13 Councilmember Duggan congratulated Mayor Krebsbach on her election as mayor and the first female Mendota Heights mayor. Councilmember Duggan congratulated Councilmember Petschel and expressed he looked forward to working with her and added these were exciting times for Mendota Heights. Mayor Krebsbach expressed to the residents what a deep and great honor it was to serve them as Mayor. Mayor Krebsbach addressed fellow councilmembers and added she was looking forward to working with them and knew it would be another outstanding council. Mayor Krebsbach gave her thanks and appreciation for the excellent staff and stated they have always been an asset. City Administrator McKnight made reminder of the vacancy application deadline 4:00 p.m. on January 11, 2011. There being no further business to come before the council, Councilmember Duggan moved to adjourn the meeting. Councilmember Vitelli seconded the motion. 1•