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HomeMy WebLinkAbout10.07.02 Council Minutes COUNCIL MINUTES REGULAR October 7, 2002 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: Audience: Ristow, Cordes, Soderberg, Strachan Verch Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Director; Brenda Wendlandt, Human Resources Manager; Lee Smick, Planning Coordinator; Cynthia Muller, Executive Assistant Earl Teporten, Jim Allen, Larry Johnson, Casey Wollschlager, David Pritzlaff, Mike Burville, Dan Johnson, Mike Heinzerling, Joni Jenning, Robert Sayer, Christy Fogarty, Matt Alexander, Bob Knutson, Cheryl Retterath 4. APPROVE AGENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Minnesota Manufacturer's Week October 21-25, 2002 MOTION by Strachan, second by Soderberg proclaiming October 21-25, 2002 as Minnesota Manufacturer's Week. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, stated some residents on Akin Road did not received notice of the neighborhood meeting to discuss the Akin Road speed study. He thanked City Engineer Mann for calling the residents to inform them of the meeting. Mr. Pritzlaff stated it is important for Council Il?-embers to attend neighborhood meetings and thanked Councilmember Soderberg for attending. During the neighborhood meeting, speed, safety, and lack of patrol on Akin Road were discussed. Mr. Pritzlaffwould like to see Akin Road have a reputation of an area where speeding tickets will be issued. He is concerned that the turn lanes and passing lanes are marked the same. He thought a passing lane should be marked by a broken white line. Due to unsafe conditions, he received permission from the Post Office to move his mailbox to his side of the road. The mailman has to stop in the traffic lane to distribute mail. As the speeding issue has been brought to Council, Mr. Pritzlaffwondered if the speed was not reduced, if the city Council Minutes (Regular) October 7, 2002 Page 2 could be held liable for any accidents. He offered his driveway as a place for police cars to hide to watch for speeding. Mr. Pritzlaffthen commented on a recent article in the newspaper, regarding two council members being critical of City Administrator Shukle. An evaluation was done, and Mr. Shukle has done a good job. To come back now and say Mr. Shukle doesn't have this and that, some people need to look in the mirror. Mr. Pritzlaff stated he watched the last couple Council Meetings, where citizens have been asking for things that are going to better the city. Right now, he felt the city is in disarray. He felt all projects need to be stopped until the citizens have someone that will listen. Councilmember Soderberg received a letter from Mr. Leon Orr which he requested be entered into the record. a) Mr. Dan Johnson Mr. Dan Johnson, 5225 Upper 183rd Street, received a response to his comments at the previous Council Meeting regarding stray cats. He wanted to know if an ordinance would be adopted. Mayor Ristow suggested a workshop for Council to discuss an ordinance. Mr. Johnson felt the choices were already listed in the Council memo and did not see the need for a workshop. He wanted something done immediately to remove the cats from his yard. Council member Strachan stated typically at this time Council would decide if a workshop is needed or decide on a resolution to the problem. The Council needs to look at the cost if cats are euthanised. Mr. Johnson's son is allergic to cats, the neighborhood children cannot play in their sandboxes, and Mr. Johnson had to tear up part of his front lawn. They have tried talking with their neighbors, but they will not listen. Mr. Johnson then discussed the ordinance regarding grass height. He feels 12 inches is too high. He feels residents should have moral and civic standards. It is an eyesore to everyone in the neighborhood. He would like to see the ordinance revised. Staff will research ordinances with other cities and respond at the next meeting. Mr. Johnson asked ifhis son comes in contact with a cat and has to go to the emergency room, who pays for it? City Attorney J amnik replied it is not the city's responsibility, it does not matter that the situation has been brought to Council's attention. Staff stated while the ordinance does not authorize the city to impound cats at this time, Mr. Johnson can live trap the cats and pay the impound fee himself. The cats are trespassing and Mr. Johnson can do what he has to, to protect his property. Councilmember Cordes asked what the process is for catching stray dogs? Staff replied there are two ways, if the dog is confined in a garage, animal control will pick it up. If the city receives a complaint of a dog running at large, animal control will patrol the area and pick it up. Councilmember Soderberg stated Council determines policy, and the policy has to be for the entire city and a process needs to be followed. Council should also Council Minutes (Regular) October 7, 2002 Page 3 consider the health aspects. He is concerned with the cost and would agree to a workshop. Councilmember Soderberg stated the problems are coming from one specific residence and asked if there are any other violations? Staff replied they can take a close look at the house, but all the issues are within the ordinance. Staff will research options and respond. Mr. David Pritzlaff, 20255 Akin Road, asked if there is a leash law for dogs, and if so, can it be applied to cats? Mayor Ristow replied the city does have a leash law for dogs, but it does not apply to cats. b) James and Victoria Munro Staff sent a response regarding traffic issues on Embers Avenue. 7. CONSENT AGENDA MOTION by Strachan, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (9/16/02 Regular) b) Approved Appointment Recommendation - Police - Administration c) Adopted RESOLUTION R87-02 Appointing Election Judges, General Election- Administration d) Adopted RESOLUTION R88-02 Acknowledged Retirement - Administration e) Adopted RESOLUTION R89-02 Acknowledged Retirement - Parks and Recreation - Administration t) Received Information Capital Outlay - Parks and Recreation g) Set October 21, 2002 Public Hearing Beer and Wine Licenses - Administration h) Received Information School and Conference - Fire Department i) Approved Appointment Recommendation - Housing and Redevelopment Authority - Administration j) Approved Appointment Recommendation - Heritage Preservation Commission - Administration k) Adopted RESOLUTION R90-02 Rescheduling 2002 Sealcoat Project Assessment Hearing - Engineering I) Approved Akin Road Project Reimbursement - Engineering m) Approved Change Order - 195th Street Extension Project - Engineering n) Approved Development Contract Change Farmington Acres - Engineering 0) Approved Landscaping Easement Agreement Outlot D Tamarack Ridge - Engineering p) Approved Appointment Recommendation - Community Development - Administration q) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Middle Creek East Easement Vacation - Community Development As part of the platting process for Middle Creek East and Middle Creek 5th Addition, an existing roadway easement needs to be vacated along the proposed alignment of 203rd Street. The roadway easement was acquired in 1971 to serve as an access to the former 4-acre Wilson farmstead. The easement vacation will Council Minutes (Regular) October 7, 2002 Page 4 allow the platting of the alignment of203rd Street. The portion of the easement adjacent to McCarthy and Bresacher is not being vacated because at this location, 203rd Street is aligned within the existing easement. The easement being vacated includes the remainder of the easement to the west consisting of approximately 860 feet. Mr. David Pritzlaff, 20255 Akin Road, stated when the sewer project was done on the surrounding roads, there is an area by a park with a pole barn and house. A sewer trunk line ran up to the pole barn. Mr. Pritzlaff asked ifthat will connect to Akin Road? If so, there should be an assessment rebate. Staff replied Pine Knoll will flow into the Middle Creek development, eliminating a lift station. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan adopting RESOLUTION R91-02 vacating a roadway easement in the Middle Creek East and Middle Creek 5th Addition. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution Middle Creek East Development Contract - Engineering The conditions of approval for the development contract are: 1. The Developer enter into this agreement. 2. The Developer provide the necessary security in accordance with the terms of this Agreement. 3. The Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. The issue regarding the McCarthy property and the roadway for 203rd Street has been resolved. Part ofthe contingency with this agreement is that 203rd Street is built. The development contract includes a proposal between the developer and the city. The title company has agreed to the outline ofthe settlement and will be presented to Council at a future meeting. Stuart Title, the developer, and the city will contribute $55,000 each to reimburse the McCarthy's for some additional right of way and some encroachment into the homestead, plus the responsibility of demolishing the existing structure. A new house will be built onsite with the proceeds from the settlement in the summer of2003. The existing home would be demolished in June/July of2003. This development agreement will take care of the relationship between the city and the developer. Presented to the Council at a future meeting will be the settlement between the McCarthy's and the title company. MOTION by Cordes, second by Soderberg, adopting RESOLUTION R92-02 approving the execution of the Middle Creek East Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. Council Minutes (Regular) October 7, 2002 Page 5 b) Adopt Resolution - Middle Creek 7th Addition Development Contract - Engineering The conditions of approval of the development contract are: 1. The Developer enter into this Agreement. 2. The Developer provide the necessary security in accordance with the terms of this Agreement. The Developer record the plat with the County Recorder or Registrar of Titles within 6 months after City Council approval of the final plat. 3. MOTION by Soderberg, second by Cordes adopting RESOLUTION R93-02 approving the execution ofthe Middle Creek ih Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. c) Adopt Ordinance - Temporarily Prohibiting Development in the "Opportunity Grant Study Area" - Community Development The purpose of the grant was to obtain additional funding from the Met Council to prepare a Master Plan for the area south of Highway 50, west of Denmark Avenue, and north of 220th Street. The issue was whether to implement some interim development controls on the area until the master plan could be completed. The process was to be started in September and would take 12 months. One ofthe most important elements of the plan would be transportation. It is not the intention of the city to move the downtown. Staff wants a Master Plan to preserve what we have and to enhance it. In order to prepare the Master Plan, staff proposed a 12-month moratorium on development in the subject area. The HRA, Planning Commission, and staff have unanimously recommended a moratorium. The City Attorney indicated this is an appropriate use of the city's authority. The Met Council indicated it is an appropriate way to proceed. This is objective advice as to what would be best for the city. Councilmember Cordes asked if the moratorium was included in the grant application. Staff replied it was not. She then asked when the grant was applied for, if it was staffs intention to place a moratorium on the area. Staff replied they are responding to comments received before applying for the grant. Once discussion began on this property, that generated more interest in the property. If that level of interest had been expressed prior to applying for the grant, the intention to request a moratorium would have been included in the grant application. Councilmember Cordes stated most of the area is under a so-called moratorium because ofMUSA. She felt a Master Plan could be developed without a moratorium. Mayor Ristow asked what happens to the concepts that have been proposed if the moratorium is approved. Staff replied the Master Plan would expedite development. Without a Master Plan, a lot of staff time would be used to study issues for one development. The entire area needs to be reviewed and the developers will be included in devising the Master Plan. A discussion followed as to when the Spruce Street connection would be built and payment methods of constructing the road. Council Minutes (Regular) October 7,2002 Page 6 Mr. Mike Burville, representing the Chamber of Commerce and Chair of the Community Development Committee, thanked Council for waiting 3 weeks to make a decision on the moratorium. He has heard from 10-15% of the Chamber members, of those more were opposed to a moratorium than in favor of a moratorium. He does not feel that this development will enhance the downtown. The Master Plan cannot protect downtown businesses from competition. There already is a corridor to downtown. If Council does approve a moratorium, the Chamber requested it be for 12 months. Councilmember Soderberg asked if Mr. Burville thought it would be easier to ask for 12 months and then later request an additional 3 months, or request 18 months now? Mr. Burville replied if after 12 months, an additional amount of time was requested, it would have to be justified. Councilmember Soderberg stated it would be easier to lift the moratorium earlier, than to ask for an extension. Mayor Ristow asked if the Master Plan could work without a moratorium. Staff replied not as well. Staffs recommendation is to find a way to accomplish the goals in the comprehensive guide plan. The completion of the Master Plan will not work as well with development taking place. Mr. Bob Knutson, owner of the property at the corner of Denmark Avenue and Hwy 50, stated that over the last 5 years they have informed staff of their interest in developing their land. The Knutson family has been approached by businesses to sell a piece of land, but waited for a developer who would purchase the entire property. They have gone through the comp plan and paid $170,000 in assessments for sewer and water. New Century Development is willing to work with the city. If a moratorium is approved, Mr. Knutson would like their land excluded from the moratorium. He stated they gave the city MUSA for the development on the northeast side and did not charge any interest. Now it is time for a compromise. Mr. Matt Alexander, New Century Development, stated the moratorium is a direct reflection of the city's feeling toward the area. It is not the intention ofthe Knutson family to issue a plan for a building. A plan would encompass the entire area and open corridors for other entrances in the future. A moratorium for the Knutson property is not necessary; they are willing to work with the city. Council member Soderberg stated to exclude a portion of the area might jeopardize the grant money. He then asked if a moratorium would adversely affect their plans if they were included in the Master Plan process. Mr. Alexander replied a shorter moratorium would not adversely affect them if they were included in the planning process. He has heard an RFP will be sent out for someone to do the master plan and feels the city has committed to do the plan with outside people. Mr. Alexander stated they do not want to use the grant money for their area. They will put a plan together on their own. Councilmember Soderberg asked how that would then fit into the Master Plan. Mr. Alexander stated design standards are approved by the Council. Councilmember Strachan asked if there was a mechanism for having that portion of land tracked parallel to the Master Plan process so they can be reflective of Council Minutes (Regular) October 7, 2002 Page 7 each other. City Attorney Jamnik stated that would mean the individual land parcels would drive the other aspect of the track, because the current use of the property is based on existing controls. The Master Plan is prospective in nature. The immediate land use application will take precedence over the Master Plan. Staff would need to study the impact of that on the grant application. Staff convinced the Met Council on the benefit of doing a Master Plan on the entire area. If a portion of the area is excluded from the Master Plan, the Met Council could have some concerns if the city is fulfilling the purposes of the grant. Regarding the special assessments, they were for the water and sewer lines that run along Denmark Avenue. They were deferred special assessments. They are not MUSA assessments. The water and sewer assessments have been deferred for 20 years and include interest. These water and sewer services service the fire station and areas to the east and west. Part of the property was acquired by the county from the Knutson's when the water and sewer lines were installed. Mr. Knutson stated the assessment was paid in 1999, which was the end of the deferment. Mr. Don Peterson, owner of a portion of the property, stated when he purchased his property, the northern portion was zoned for industrial park. Two years later the trunk sewer came through to the industrial park and he was assessed for 80 acres. He stated his assessment was not green acres deferred. Staffwill check the records regarding these assessments. Mr. Mike Heinzerling, 4889 182nd Street, Chamber of Commerce President, stated there were several questions regarding 12 months versus 18 months. Time is the most important thing. If 12 months, this would bring us into a good time of year to talk with developers. If 18 months, that would bring us into spring of 2004, which would be a bad time for developers. During the winter, developers are working on next year's projects. Getting the Master Plan done in 10-12 months would save the city money. MOTION by Soderberg, second by Strachan, amending the previous motion from an 18-month moratorium to a 12-month moratorium, and directing staff to expedite the Master Plan as soon as possible. Voting for: Soderberg, Strachan. Against: Ristow, Cordes. MOTION FAILED. MOTION by Strachan, second by Soderberg, adopting ORDINANCE 002-480 approving a 12-month moratorium excluding the Knutson property. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS Council Minutes (Regular) October 7, 2002 Page 8 13. COUNCIL ROUNDTABLE a) Traffic Signal 3rd and Elm Street - Engineering (verbal) Regarding a left turn signal at 3rd and Elm Street, staff has contacted the county and staff will respond at the next Council Meeting. b) Traffic Study Walnut and 6th Street - Engineering (verbal) The study has been scheduled and staff will respond at the next Council Meeting. Councilmember Soderberg: Regarding the concept of teamwork, it has been the overriding principal in the city. It has come to his attention that some of the employees feel they are not part ofa team. If they are not part ofa team, that goal of providing teamwork is lost. He proposed Council recommend the formation of a labor/management board where employees can select representatives to work out issues with management so they feel like they have a voice. It would improve morale and work towards the idea of teamwork and cooperation. This would be an ongoing board that would relate to policy issues that affect employees. City Administrator Shukle stated labor/management committees are very common. There have been suggestions in the past to form a committee. The subject will be brought up again for discussion with the union. Knowing Council supports it would enforce the fact management wishes to form a committee. Mayor Ristow would like to see more documentation of what the committee entails before he would support it. Human Resources Manager Wendlandt stated the city has had labor/management committees previously. There has been an ongoing insurance committee and a labor/management committee on recognition programs. The Bureau of Mediation Services provides training for how to set up committees and how they work. They are for issues that are not negotiated in the contract. She offered to bring Council more information at the next meeting. Councilmember Soderberg had lunch with the union's business agent who communicated this information to him. One issue is the employees do not feel like they are able to appoint their own representative to the committees. Councilmember Cordes stated she would support the concept, but finds it ironic that a newspaper article last week stated employee morale was at an all time high from city sources. Obviously we do have some issues that need to be addressed. Mayor Ristow stated he has been talking about this for five months and has been told we have a happy staff. We might have a happy staff, but we also have employees that are the backbone of the city that need to be respected the same as a staff person. Councilmember Soderberg stated that is true. Mayor Ristow, addressing Councilmember Soderberg, stated now you can see the light. The paper can criticize other people, but we are a team. What happens when the team breaks apart? It takes an agent to bring it to your attention. Councilmember Soderberg raised a second issue concerning the upcoming election. Mayor Ristow stated the TV camera is not for politics. Councilmember Soderberg stated he is trying to diffuse a political "hot potato." Mayor Ristow stated that is fine as long as it is not benefiting just you, but for the benefit of all the candidates. Councilmember Soderberg stated it would actually benefit the Mayor because there has been some criticism. Mayor Ristow stated he could take the criticism. Councilmember Soderberg stated the criticism is not good for the city, or the Council. Mayor Ristow stated you did not have any problem when you related information to the paper about me. Councilmember Soderberg stated his suggestions have to do with the potential for a vacant Council seat and the appointment. Weare beyond the point where a special Council Minutes (Regular) October 7, 2002 Page 9 election could be held. Staff did some research on the appointment processes in the past. There is no clear indication on how it has been done. He suggested Council ask the City Attorney to research if the appointment process could involve the election process this time. Councilmember Cordes stated so you're willing to spend more taxpayer dollars? An election process costs money. Councilmember Soderberg stated if Council indicates it would take the third highest vote-getter in this election process to fill the appointment, that person would be part of this election process. There would be nothing political about who would appoint who, or cost any more money. Councilmember Cordes felt Council needs to see the results of the election before a decision is made on the process of how to appoint someone. Mayor Ristow stated the boards have been appointed and there have been ties, and the Mayor has made the final decision. Councilmember Soderberg realized that, but thought it would take some ofthe political pressure off. The voters would have an opportunity when they vote knowing if that were the case. For some it might be a perceived notion that the third highest vote-getter would get the appointment, that is not the case. Councilmember Cordes stated Rosemount has been having the same discussion. They realized when the new Council takes office in January, the new Council can rescind what is decided. She would prefer to wait to see how the election goes. City Engineer Mann: Regarding the Akin Road meeting last week, there was a computer glitch that resulted in some of the residents not being invited to the meeting. Staff called the residents inviting them to the meeting. Minutes of the meeting will be sent to all those that should have been invited, and their comments will also be sent to MnDOT. Mayor Ristow asked if Council received notice of the meeting? Mr. Mann thought copies were normally routed to Council, but in the future he will make sure they are. Mayor Ristow stated he normally does not attend neighborhood meetings, unless it is something urgent. He did not appreciate getting criticized during this meeting for not coming to the neighborhood meeting. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 9:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, ;;; ~-, ~::#'::- ..... .... ~,- .... J/?/J. / .,. _./ ...~.~~ // /<- ft...~ Cynthia Muller Executive Assistant Statement by Leon Off 19161 Echo Lane Farmington, MN Citizens comment period, Monday, October 7, 2002 In all of Farmington's history we have had only 4 City Administrators. I served on the Council with the first two and I had occasions to deal with the 3rd, John Erar. I have also had the occasion to know our current Administrator, Ed Shulke. Of these four Administrators it is easy to say that Mr. Shulke is the best Administrator this city has ever had. He shows an interest, he listens and he responds. He is easy for citizens to work with. He is honest and straightforward. He has a great management style. We don't need an "Iron fisted Administrator". Taxpayers have a huge investment in the employees and department heads of this city. Mr. Shukle's management style appears to me to let those department heads use their creativity, skills and experience to do the best job for the citizens. I believe a good Administrator should be there to support, guide and give general supervision to those department heads and bring their combined efforts into a central focus for the overall city's good. The "iron fist" shuts down human desire and inhibits their creativity. In the past few years before Mr. Shukle, we saw the "iron fist" used with the citizenry of this city. Let's not move back in that direction. The city Mission Statement starts out by reading: "THROUGH TEAMWORK AND COOPERATION..... ..". Why doesn't the Mayor and full Council work together with the Administrator in this spirit? Just imagine for a moment how well we citizens could be served with a man ofMr. Shulke's qualifications and integrity in the Administrator's position here for the next ten years. Thank You /C:,c:?3