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HomeMy WebLinkAbout08.04.03 Council Minutes COUNCIL MINUTES REGULAR August 4, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Fitch, Fogarty, Soderberg None Joel Jamnik, City Attorney; Dan Siebenaler, Interim City AdministratorlPolice Chief; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Randy Distad, Parks and Recreation Director; Lisa Shadick, Administrative Services Director; Jim Atkinson, Assistant City Planner; Tim Gross, Assistant City Engineer; Cynthia Muller, Executive Assistant Jeff Krueger, Julie May, Jay Clinkscales, Jack, Thomas, and Ashley Fogarty, Aaron Tinklenberg, Michelle Leonard Audience: 4. APPROVE AGENDA Councilmember Cordes pulled the July 28, 2003 Minutes to abstain. Councilmember Fitch pulled item 7i) Cataract Fire Relief Association 2004 Pension Request for discussion. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Jeff Krueger, 5324 1 86th Street, spoke regarding the article in the July 26,2003 ThisWeek newspaper regarding Council e-mails. The article talked about Councilmembers Fitch and Cordes trying to hide information from the public. Mr. Krueger wanted to give them a chance to respond. Mayor Ristow stated Mr. Krueger can ask the question, but he addresses the Council as a whole and they will respond at the next meeting. Mr. Krueger stated he has read the e-mails and Councilmember Cordes was very upset about a particular e-mail being made public regarding HRA member Nick Roberts. Mr. Krueger asked Councilmember Cordes why she felt that information was not relevant to the citizens of Farmington. He also asked Councilmember Fitch the same question. Mr. Krueger then asked Mayor Ristow in the July 3, 2003 Special Meeting, Mayor Ristow said there was a motion and a second to approve the Separation Council Minutes (Regular) August 4, 2003 Page 2 Agreement for City Administrator Shukle, however a motion was not made. Mayor Ristow had said there was a motion by Fitch, second by Cordes. Mr. Krueger stated Mayor Ristow has told him on past occasions that he had no idea how these Councilmembers were going to vote. He asked why the Mayor would think that one would motion and the other would second, and he never made the mistake of incorporating Councilmembers Soderberg or Fogarty. Mr. Krueger stated his suspicious mind tells him it may have been scripted. Councilmembers Fitch and Cordes never said anything as far as a motion or second, but yet the Mayor assumed that is what they are going to do. Mayor Ristow stated he asked the City Attorney twice before the roll was called and Mr. Krueger might not have heard it in the crowd. He did not pull it out ofthe air. Mr. Krueger replied he has listened to the tape many times and it was never stated. Mayor Ristow stated it is up to Councilmembers Fitch and Cordes to say whether they did not make a motion, but the intent was there. Mr. Krueger stated he is not saying the agreement is not valid. Mayor Ristow said he understood what Mr. Krueger was saying, that there was a script. There was no script. He asked twice before the roll was called. Mr. Krueger said it is clear on the tape that a motion and second was never given, yet Mayor Ristow stated it was. Mr. Krueger wanted it brought out and he received a response from Mayor Ristow. a) Mr. Dave Pritzlaff Staff mailed Mr. Pritzlaff a response to his comments from the July 21, 2003 meeting. 7. CONSENT AGENDA MOTION by Fogarty, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (7/21/03 Regular) (7/16/03 Special) b) Approved Temporary On-Sale Liquor License - St. Michael's Church- Administration c) Set August 18, 2003 for Public Hearing On-Sale Liquor License La Margarita Restaurant - Administration d) Adopted RESOLUTION R49-03 Accepting Donation - Parks and Recreation e) Received Information School and Conference - Parks and Recreation f) Acknowledged Resignation Solid Waste - Human Resources g) Approved Appointment Recommendation Solid Waste - Human Resources h) Adopted RESOLUTIONS RSO-03, RSI-03, RS2-03 Schedule Project Assessment Hearings - Various Projects - Engineering j) Received Information Parks and Recreation Commission Minutes - Parks and Recreation k) Approved Bills APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty approving the July 28, 2003 Special Minutes. Voting for: Ristow, Fitch, Fogarty, Soderberg. Abstain: Cordes. MOTION CARRIED. Council Minutes (Regular) August 4, 2003 Page 3 7i) Cataract Fire Relief Association 2004 Pension Request - Finance Councilmember Fitch stated the memo states there is an increase in the amount of money going to the cataract association. The total city contribution for 2004 is proposed at $55,000. The annual benefit will increase to $3,050. The attached document states $69,938 for the city's contribution. Finance Director Roland stated the form is the required form the Cataract Relief Association has to fill out every year. First they fill out the form prior to the coming budget year to make the request ofthe city for the appropriate level of funding. It is then filled out again after their annual financial statement is prepared. This is the time the actual funding level is determined. The annual benefit is for every year of service that a member ofthe fire department serves, they get $3,000 in a lump sum at their retirement. The Cataract Relief Association has been at the $3,000 annual benefit for the last three years. They are now requesting that in 2004 that be increased to $3,050. The city has been establishing a standard amount of a fire levy each year. The city contributes that amount no matter what the contribution level has been required up to this time. In 2001 the city contributed $50,000 toward the Fire Relief Association's Pension. The requirement based on the form was only $20,285. The reason is because the Fire Department has a special fund that invests all oftheir money. Those investment earnings carry a good portion of the pension. The form presented to the Council which shows $69,938 is their best guess as to what the required contribution from the city will be in 2004. That is based on a pension benefit of $3,050 per year for each year of service. The numbers contained in the report for 2004 are 2002 numbers. They used the 2002 investments and contributions from the city and from the state. In 2003 all ofthose numbers will increase. As of June 30, there is almost a $100,000 increase from the end of 2002 in their investment money alone. There will probably be an increase in state funding in 2003. Therefore, when they do the actual report, the $69,938 could remain or it could be the $55,000 budgeted. It will depend on what happens in the coming year. The state auditor's office is asking cities to review section 5 of the 2003 schedule and defer making contributions until later in 2004 when the auditor's office has reviewed the 2003 schedules. Council needs to be aware of whether they vote to increase the pension or not, it is possible the city will be required to make a larger contribution in 2004 to the Fire Relief Association based on either their current pension or an increased pension by $50 per year of service. Councilmember Fitch asked if the Certification Form effective August 4,2003 is binding the Council to something. Finance Director Roland replied it is binding the city to pay the required contribution in 2004. Councilmember Fitch stated $69,938 is the request on the form we are signing. Ifwe sign this, we are not obligated to pay that? Finance Director Roland replied if that is what the form comes out to in the middle of 2004 that is what the city is obligated to pay. Council Minutes (Regular) August 4, 2003 Page 4 City Attorney J amnik stated the Council action tonight is to increase the pension benefit by $50. The $69,938 or $55,000 is an estimate of what that will cost. The Council is being asked to bind itself to the $3,050 pension benefit. The Certification benefit is for Council's information only and is an administrative certification. Mayor Ristow asked where the money would come from. Finance Director Roland replied the difference would be unbudgeted. Interim City Administrator Siebenaler stated the city would have to identify the difference between $55,000 and what the actual contribution would be, whether it would come from existing funds or the general fund balance. This process is contingent on review by the state auditor's office. Councilmember Cordes asked if the contribution for 2004 would be the same for 2003 and would the city have to look at increasing the amount again. Finance Director Roland replied it is possible, depending on the market, the number of people in the Fire Department who collect a pension, etc. Councilmember Cordes asked ifthe $50 increase goes to all former people who are collecting pensions and not just current people. Finance Director Roland replied they are paid a lump sum upon retirement, so this amount would be paid to future retirees. MOTION by Fitch, second by Cordes to approve an amendment to the Fire Relief Association by-laws increasing the annual pension benefit to $3,050 effective January 1,2004. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Vacating Easements Bristol Square First Addition - Community Development The First Addition of Bristol Square was approved in 1998. Since then, the configurations of Outlots I, J, and M were modified to accommodate a new design for the 4th Addition. Each ofthese outlots contained easements around the perimeters. Staff asked Council to approve vacating the easements in order for the Fourth Addition to be recorded by the County. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R53-03 vacating the described drainage and utility easements in the Fourth Addition of Bristol Square. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Accept Donation - Parks and Recreation Premier Banks donated $10,000 towards the purchase of a new scoreboard at the Arena. They have asked that several conditions be placed on the donation as follows: Council Minutes (Regular) August 4, 2003 Page 5 1. They would be able to have exclusive advertising rights on the scoreboard for the life of the scoreboard. 2. They would be able to have two years of advertising on the Arena's resurfacer at no cost. 3. Allow Premier Banks to have the first right of refusal for purchasing advertisement on the resurfacer after the initial two years of free advertisement have expired. The annual cost of advertising on the resurfacer is $500 per year. The city currently does not have anyone that has purchased advertising. Council thanked Premier Banks for their generous donation. Staff had begun to ask all the banks if they would be willing to buy advertisement on the scoreboard. Premier Banks was the first bank staff went to and they offered to donate all the money for the scoreboard. MOTION by Cordes, second by Soderberg adopting RESOLUTION R54-03 accepting a donation of $10,000 from Premier Banks for a new scoreboard at the Arena. APIF, MOTION CARRIED. b) Approve Wetland Permit Application Meadow Creek 3rd Addition- Community Development The Final Plat for Meadow Creek Third Addition was approved on June 16,2003. In association with the plat the applicant is proposing to alter Wetland A. He has applied for a Wetland Alteration Permit which Council was asked to review. The city's Engineering Consultant has reviewed the permit and recommended approval. Councilmember Fitch asked when the mitigation plan is done does that add water to Middle Creek. Staff replied the final product will be a higher quality wetland. In addition, the requirements are that no more water is discharged than what was done prior to the plat. This is a wetland, so it is not included in the storm water ponding requirements. The purpose of storm water ponding is to hold back water and release it slowly into the system. Wetland mitigation involves cleaning the water. The purpose of a wetland is to slow the water down and allow it to settle and put cleaner water into the system. A condition to the permit is the applicant shall provide at least 1 year of maintenance as described in the MnDOT Seeding Manual 2000 Edition "Early Maintenance" to all areas seeded with native vegetation including the buffers adjacent to Wetland "A" and Wetland "B", along with such other maintenance as may be required by the recommendation portion of the memo from John Smyth dated July 12, 2003. MOTION by Fogarty, second by Soderberg to approve the Wetland Alteration Permit for Meadow Creek Third Addition with the above condition. APIF, MOTION CARRIED. c) Set Workshop Date - City Hall Task Force -Administration A Council/City Hall Task Force Workshop was scheduled for August 19,2003 at 7:00 p.m. The purpose is to discuss possible alternative locations for a City Hall. Council Minutes (Regular) August 4, 2003 Page 6 11. UNFINISHED BUSINESS a) Adopt Joint Powers/Orderly Annexation Agreement - Ash Street Project - Engineering (Supplemental) City Attorney Jamnik provided a draft ofthe Joint Powers Agreement with Castle Rock Township regarding the Ash Street project. Any differences will be resolved later in the week. A final version will be supplied at the August 18, 2003 Council Meeting. Some of the changes in the agreement were reviewed. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Councilmember Fitch had suggested having meetings prior to the Council meetings. She asked if Council wanted to consider this, as she felt it would help communication. Councilmember Cordes stated in light of recent events and e-mails, if anyone has anything to say that is where Council Roundtable comes in. She would not be interested in pre-meetings. Councilmember Fitch stated he would look carefully at that. The press would be available to come. He would not want anyone to think they are trying to do something behind closed doors. It would have to be well publicized so the public and the press know what will be discussed. Mayor Ristow asked if they would go by what is on the agenda. Councilmember Fogarty thought so, but that could be open for discussion. Interim City Administrator Siebenaler suggested Council think this over during the next two weeks, and decide what kind of structure they would like, things to be discussed such as only items on the agenda or other items as well. It would be open to the public and the press. He suggested each Councilmember bring ideas to the next meeting. Councilmember Fitch: He noticed a lot of signs are being covered by tree branches. One in particular is 193rd and Everest Path. In the area of Embers Avenue there are yield signs covered by branches and assorted other areas. Staff will review the situation. There have been a lot of questions regarding integrity and honesty particularly directed toward himself. At this point, he asked the City Attorney to give him a direct answer to the two questions he asked him relative to where all this came from. He received a two page answer, but it did not directly answer the questions dealing with communication with Councilmember Fogarty. When we talk about integrity and accuse other Councilmembers of their integrity, he would like to see integrity ~estioned all the way around. There was a room full of angry residents regarding the 207t Street project. His point of view was some Councilmembers voted against it putting the city at great legal risk. Nothing changed when the Development Contract came, there was no one in the audience, and it sailed through without a second look. If you want to question integrity he has a question of those particular two votes on Council. Council Minutes (Regular) August 4, 2003 Page 7 Interim City AdministratorlPolice Chief Siebenaler: The County Fair is in session and reminded residents this is a great tradition and invited them to come. National Night Out will be held August 5. Twelve neighborhoods will be having block parties. Friday night the Police Department staff will be serving ice cream at the Fair. On August 15 the American Cancer Society will be sponsoring the Ramble Amble at Dakota City. Several staff members will be walking and raising funds. Mayor Ristow: Farmington made the news with the Dakota County Sherriffs office showing how quickly a car can be dismantled. Councilmember Soderberg: Stated he would like to respond to Councilmember Fitch's comments regarding integrity and the vote on the Development Contract for 207th Street. Councilmember Soderberg stated he did vote against the proposal for the double bubble in the 207th Street cul-de-sac and that was the time for him to disagree. The Council as a body passed that. While he disagreed, the Council had already approved it by the time the Development Contract came to Council. That is the definition of teamwork. You disagree when you have the opportunity to disagree. But after the decision has been made, you carry forward. He did not find any inconsistencies in the Development Contract. He thought about voting against it, but the Development Contract itself was in order with a legal binding decision of the Council. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 7:56 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7n,z:e~ fr7~~ Cynthia Muller Executive Assistant