HomeMy WebLinkAbout11.04.02 Council Minutes
COUNCIL MINUTES
REGULAR
November 4, 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
None
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; Lisa Shadick, Administrative Services Director; Brenda
Wendlandt, Human Resources Director; Cynthia Muller, Executive
Assistant
Earl and Judy Teporten, Tim Vanderlinde, Justin Elvestad, Andrew
Verch, Joanne Payne, Harbee Tharaldson, David Pritzlaff, John
Fortney, Terry Barrows, Kate Harvy, Vicki Munro, Lisa Turbes,
Carrol Westenberg, Christy Jo Fogarty
Mayor Ristow asked for Council's comments regarding item 6a) Citizen Comments - City
Council Response. He stated according to administrative policy, Council does not
respond back to the resident, other than questions to staff. Councilmember Strachan
stated if you are referring to comments to Mr. Pritzlaff, he talked to Mr. Pritzlaff.
Councilmember Soderberg stated he has sent an e-mail andtalkedtoMr.Pritzlaff. Most
of the time, when people bring issues to the podium, they require the technical expertise
of staff. That is why staff responds because it addresses the issue and helps to give
Council an answer. As far as policy, we discuss policy in workshops. Mayor Ristow
stated if we want to change the policy, we can do that in the future.
4. APPROVE AGENDA
Councilmember Verch pulled item 7a) Council Minutes 10/23/02 Special to abstain from
voting as he was absent from that meeting.
Councilmember Cordes asked to have the 10/23/02 Special Minutes amended as she was
omitted from the attendance list.
MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
Mayor Ristow thanked City Engineer Mann for obtaining a four-way stop at 6th and
Walnut Street.
Council Minutes (Regular)
November 4, 2002
Page 2
5. ANNOUNCEMENTS
a) Acknowledge Retirement - Administration
Mayor Ristow presented a plaque acknowledging Karen Finstuen's retirement as
Administrative Services Director effective November 7, 2002. Councilmember
Strachan stated Karen has epitomized the word "class" as a staff member and a
person. Farmington is certainly a better place for her having worked here and the
community is a better place for her continuing to live here. Karen thanked
Council, her employees, and the management team for their assistance throughout
the years. Administrator Shukle stated he has not experienced working with such
a dedicated, kind, caring person as Karen. She epitomizes a class employee and
will be missed.
6. CITIZEN COMMENTS
Mr. Harbee Tharaldson, 812 4th Street, was a member ofthe HRA for seven years and
was a charter appointee to the HPC. He announced his resignation from the HPC. He
feels with the treatment ofthe community surrounding the St. Michael's project area that
this Council and Planning Commission set back democracy 50 years. He also expressed
his disappointment in the attitude towards replacing Administrator Shukle. The job of the
Council is not micro-management, but to lay down policy for the city. Mr. Tharaldson
then cited the costs of replacing past administrators. Part ofthis Council was part of the
move to eliminate several city staff 8 years ago. Larry Thompson was removed on
"trumped up" charges and was replaced with a man who Mr. Tharaldson feels was
probably a good administrator, but had very poor people skills and it cost the city a lot of
money over the years. The severance for Larry Thompson was $63,262; the search for
John Erar was $12,500; the severance for a voluntary leave by John Erar was $30,303;
the search for Ed Shukle was $17,272; and the estimated cost for severance for Ed Shukle
is approximately $80,000; and the estimated search is approximately $17,000; for a total
package of $216,000. There are a lot ofthings the city could have better spent the money
on such as an arts center. This does not include getting rid of a City Engineer who was
very good who said he should have thanked the city of Farmington because he doubled
his salary going to work for someone else. There was a severance package involved and
also a severance package involved for getting rid ofthe last HRA director. The people
who replaced them are very good individuals and it is a pleasure to work with them. The
fact is not that we have good replacements, but that we have lost good people and it cost
us a lot of money. The community needs to be considered about all the money that has
been thrown out the window to satisfy egos. Mr. Tharaldson would like to see Council
amend their thinking on Administrator Shukle. He has a hard time understanding a man
can be pictured in the paper two weeks ago receiving an award from his peers, and yet the
Council wants to get rid of him.
Mr. David Pritzlaff, 20255 Akin Road, congratulated Karen Finstuen on her retirement.
Mr. Pritzlaff stated the Mayor was talking about changing the procedure regarding
responses and if a citizen comes to Council, and Council feels individually rather than the
Council as a whole, to address that issue in a letter such as staff does. Some of the
questions he has asked require staff's expertise, but at some point citizens have asked for
Council Minutes (Regular)
November 4, 2002
Page 3
Council's own personal knowledge. Over the last year, Mr. Pritzlaffhas been asking for
Council's gut feeling on Akin Road. Mr. Pritzlaff feels it should be discussed in a
workshop as to changing the policy if it does fit the purpose, that any Councilmember can
write a letter to a citizen. Mr. Pritzlaff thanked Councilmember Strachan for discussing
some issues with him, and Councilmember Soderberg for his e-mail, and thanked the
Mayor for discussing issues with him. He then asked Councilmembers Cordes and Verch
why they have not responded, is it not important enough to you or is that how you run the
Council? Councilmember Cordes responded she has been extremely busy with other
Council issues and work and she does not return phone calls after 10 p.m. and she
apologized for that.
Mr. Pritzlaffthen stated Councilmember Soderberg has mentioned that if the state does
not come back with a lower speed for Akin Road, it does meet urban designation in one
area. He would like the city to review that very seriously. If Councilmember Soderberg
is not re-elected Mr. Pritzlaff does not want to lose his motion for that designation.
Councilmember Soderberg stated he indicated to MnDOT that he would be willing to
make that motion with the hope they would lower the speed limit for the entire road,
rather than having different speeds along different segments of the road. That is not a
very desirable situation. We are still awaiting the results of the speed study. Staffwill
follow up on speed study.
Ms. Joanne Payne, 20192 Akin Road, stated at the last meeting with MnDOT, the
officials did state they would be happy to include any letters with the speed study. She
asked Council to think about writing a letter to send with the speed study supporting the
residents' requests.
She has been a little upset that there is a resident who is not in attendance tonight, but has
been at the last two meetings with a problem that is a major situation to him. Ms. Payne
understands that it takes awhile to change policies. The situation left the resident very
frustrated after the last meeting. She is concerned with the fact residents are leaving the
council meetings frustrated and having to take things into their own hands. She does not
think the city wants a situation where they are pitting neighbors against neighbors. She
does not agree with telling someone to trap a neighbor's cats and then dump them
somewhere. That's pretty harsh. She would like to have seen Council make a
recommendation for the Police Chiefto talk to the neighbor about the cat situation, or
some kind of response from Council that would have satisfied the resident more. Ms.
Payne is afraid he is a "loose cannon" because he came here with issues and could not get
any help. Council needs to listen to people when they come with problems. We do not
want a bad situation between neighbors.
Mayor Ristow asked staff if a letter was already sent with the speed study for Akin Road?
Staff stated minutes of the meetings were sent to MnDOT, but up to this point there has
not been a formal letter from Council. Councilmember Strachan asked if Council sends a
letter specifically supporting a 40 mph speed or less, is that something the state would
consider? Staff replied the state has said they would take into account all the information
they are forwarded. All the residents along Akin Road have been kept in the loop so any
Council Minutes (Regular)
November 4, 2002
Page 4
residents who have comments can send them to staff. Councilmember Strachan asked if
a resolution would help? Attorney Jamnik replied the state is looking for an indication
from Council, rather than a formality. Council does not want a portion designated as an
urban district going from 50 to 30 to 50. Councilmember Strachan would like that
included in the letter. Staff will draft a letter for Council approval at the next meeting.
Ms. Vicki Munro, 18863 Embers Avenue, stated she attended the Council meeting last
September with concerns about increased traffic and speed on Embers Avenue. She
appreciates the concern they have received and staff has been very helpful. There have
been meetings where Mayor Ristow, and Councilmembers Strachan and Soderberg also
attended. She thanked everyone for taking the time to help them.
Mr. David Pritzlaff, 20255 Akin Road, asked ifthe safety issue on Akin Road could be
included in the letter to MnDOT? Council agreed.
Ms. Christine Murphy, 5961 189th Street West, stated it was brought to her attention, that
after the election there may be an appointment to the Council. If the City wants to
appointment someone to Councilmember Strachan's seat, she wanted to remind everyone
what the law says about this. The law states, the legislature may provide a law for the
creation of local government units and their functions for the change of boundaries
thereof and their elected and appointed officers including qualifications for office. This
being said, MN statute also says a vacancy in the office shall be filled by Council
appointment until an election is held as provided in this subdivision. If the vacancy
occurs before the first day to file affidavits of candidacy for the next regular city election
and more than 2 years remain in an unexpired term, a special election shall be held at or
before the next regular city election and the appointed person shall serve until the
qualification of a successor elected at the special election to fill the unexpired portion of
the term. Basically, what this says is that if Council wants to appoint someone, that is
fine, but Council also needs to allow for a special election. If a Council allows for a
special election, it has to be done within a reasonable time. If Council cannot hold a
special election, or if the city cannot afford a special election it is her contention that
Council should take the third highest vote-getter of this election as the City Council
person to take Councilmember Strachan's place.
Mr. Fred Conlan, 97th Street, commented regarding the recent Council meetings. Mayor
Ristow was asked to resign at the last Council meeting by Mr. Pritzlaff, who stated he
was embarrassed to be a resident of Farmington because of the conduct of the Mayor. He
is asking residents to support him in his efforts to force the resignation of the Mayor by
soliciting residents to fax, e-mail, call or write a letter. Mr. Conlan does not agree with
his request for the Mayor's resignation. The Mayor refused to discuss some issues
brought up at Council Roundtable stating he felt Councilmember Soderberg was
politiking and bringing up issues which were self-serving. In Mr. Conlan's opinion,
Mayor Ristow has been trying to keep the City Council as consistent as possible on the
issues presented to them. This resident commended Councilmember Soderberg on being
the only councilmember to attend a citizens' meeting regarding the speed limit on Akin
Road. When in fact, it was noted at the meeting that Mayor Ristow was not notified of
Council Minutes (Regular)
November 4, 2002
Page 5
the meeting due to a computer glitch. When the Mayor was requested to address the
issue of appointing the third highest vote-getter to a possible Council vacancy, Attorney
Jamnik's opinion was needed because the issue involved a MN state statute. Mr. Jamnik
was requested to report his findings to the Council, however Mr. Jamnik was not present
at the meeting, and did not leave a response regarding the issue. The Mayor's reluctance
to make a decision without Mr. Jamnik's advice was in Mr. Conlan's opinion, totally
appropriate. Mr. Conlan agrees with the Mayor and Councilmember Cordes that they
should wait for the outcome ofthe election despite voter's assumption that a third Council
seat would be filled by the third highest vote-getter. Mr. Conlan feels the city should
approach the election as it stands, two vacant seats, not three. To his knowledge no
resignation has been submitted to the Mayor allowing an additional vacancy. It is only
fair to give the two newly elected councilmembers an opportunity to vote as well,
according to procedure. Having nine candidates on the ballot does not support the notion
of a dictatorship in Farmington. In Farmington, nine residents feel equally qualified and
confident enough to run for these seats. Dictatorships usually don't have that many
names on the ballot. Mayor Ristow has worked very hard to maintain the integrity of the
Farmington City Council. He has not strayed from the principles in his oath of office as
Mayor of Farmington and has certainly honored Farmington's proud past with his
standards and commitment to Farmington's future. In addition, Mr. Conlan feels Mayor
Ristow has been fair to all residents, both new and lifelong residents. He has shown his
leadership abilities despite many frustrating situations occurring within Farmington city
government. As a resident of Farmington for ten years, Mr. Conlan is not in the least
embarrassed by the Mayor's conduct, in fact he applauds it.
Mr. Conlan feels the speed limit on Akin Road should be lowered, but it has been beaten
to death. He would like to see it resolved. If you have to write a letter, write a letter. Do
something, it is getting to be old stuff. Akin Road was a terrible road, now it is a real
nice road and much safer than it used to be. Try walking across Hwy 3 if you want to
talk about a speed limit that is out of line. The turn lane that was installed on Hwy 3 and
Willow Street, gives cars that want to pass on the right a smoother place to pass.
Mr. Conlan then asked about the chain of command in the city government. Could
anyone explain how it is supposed to work? Who is supposed to take orders from who?
Is the City Administrator supposed to answer to someone and carry out the chain of
command on down? We have all chiefs and no Indians. Councilmember Strachan
replied the chain of command here is similar to any city. The City Administrator reports
to the Council. Mayor Ristow stated all five of us are the same. I run the meetings. I do
not have any more power than these four people. The City Administrator works for the
City Council, staffworks for the City Administrator. The City Administrator does the
hiring and firing of staff people, with a recommendation to Council and we approve it
one way or the other. Any city employees are under the City Administrator.
7. CONSENT AGENDA
MOTION by Soderberg, second by Cordes, approving Council Minutes 10/23/02 Special
as amended. Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch.
MOTION CARRIED.
Council Minutes (Regular)
November 4, 2002
Page 6
MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows:
a) Approved Council Minutes (10/21/02 Regular)
b) Adopted RESOLUTION R96-02 Approving Submittal of an Application for
Landfill Abatement Funds from Dakota County - Parks and Recreation
c) Adopted RESOLUTION R97-02 Authorizing the Application for the 2002 Tree
City USA Designation - Parks and Recreation
d) Approved Appointment Recommendation - Administration
e) Approved Appointment Recommendation - Community Development
t) Approved Appointment Recommendation - Community Development
g) Approved Increase Part-time to Full-time - Community Development
h) Approved Traffic Control- 6th and Walnut Street - Engineering
i) Received Information School and Conference - Fire Department
j) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Approve 2003 License Renewals - Administration
Pursuant to City Ordinance a public hearing must be held to renew liquor and
therapeutic massage licenses. The following businesses have requested renewal
oftheir licenses:
On-Sale Liquor American Legion, Farmington Lanes, Long Branch Saloon
and Eatery, Gossips
On-Sale Sunday American Legion, Eagles Club, Farmington Lanes, Long
Branch Saloon and Eatery, VFW Club, Gossips
Club Licenses Eagles Club, VFW Club
On-Sale Intoxicating Malt Liquor and On-Sale Wine
B&B Pizza, The Ugly Mug, Ted's Pizza, Inc.
Sauna and Therapeutic Massage
Rite Touch Therapeutic Massage, Sherry Jackson
The required fees and forms have been received and the Police Chiefhas
approved the applications. The police department does conduct routine
compliance checks.
MOTION by Verch, second by Soderberg to close the Public Hearing. APIF,
MOTION CARRIED. MOTION by Cordes, second by Strachan approving the
2003 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Beer, On-Sale Wine,
Club, and Therapeutic Massage Licenses for the businesses listed above. APIF,
MOTION CARRIED.
b) Revised Business Subsidy Policy - Community Development
Businesses sometimes approach the city and ask for various types of financial
assistance. The state considers those types of financial assistance to be business
subsidies. All cities in MN have to have a business subsidy policy in existence
that specifies the circumstances under which cities can grant those types of
Council Minutes (Regular)
November 4, 2002
Page 7
subsidies. The city adopted one in 2000, which at the time was consistent with
the state's requirements. The legislature changed the state's business subsidy act
to require the cities' policies be more specific. Legal counsel has determined the
policy adopted in 2000 is not specific enough to comply with current law. Legal
counsel has prepared a draft business subsidy policy which was discussed with the
HRA. The HRA made some modifications and recommended the revised policy
be forwarded to Council. MOTION by Soderberg, second by Verch to close the
Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second
by Verch to adopt the Business Subsidy Policy. APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Embers Avenue Traffic Issues - Engineering
On September 16, 2002 a petition was submitted by residents along Embers
Avenue requesting the speed be lowered. According to MN statute, 30 mph is the
lowest speed limit enforceable. Staffhas met with residents and several measures
were discussed as having potential for reducing the speeds along Embers Avenue.
These include signage, striping, enforcement, education, radar speed display
signs, and sidewalks. Staff is recommending the installation of speed limit signs
for 30 mph, and also speed radar enforced signs. Staff also recommended
creating an educational flyer for distribution to educate drivers on residential
speed limits and safety issues. Striping is not an option at this time due to the
weather. Councilmember Soderberg suggested temporary stop signs at 18th and
Embers, and 193rd and Embers due to construction traffic. Mayor Ristow asked
about construction traffic using 195th Street as was originally planned. Staff is in
an ongoing process discussing the situation with builders. Mayor Ristow stated
overtime has been authorized for the police to conduct more enforcement on
Embers Avenue. Will the overtime also be used for other roads? Staff replied the
police department has been authorized to spend overtime for radar enforcement
on Embers Avenue. This has been done for three weeks, two hours a day. As far
as other areas, staff cannot guarantee there will not be requests from other areas.
Barring Council objection to that action, that is the direction staffwill take.
Councilmember Cordes stated she does not have a problem with overtime for
Embers Avenue, but there is an issue on Akin Road and she would like to see the
overtime spread out to patrol all areas of Farmington and not just one certain area.
Staffwill follow-through with Council's request. Councilmember Verch stated he
agreed with the temporary stop signs to slow traffic.
Ms. Vicki Munro, 18863 Embers Avenue, again stated she appreciated everyone's help
with this matter. She sees the struggle with Akin, and hopes the situation with Embers
Avenue does not get to that point. This does not mean they will not be back with issues.
The speeds are higher than normal, and it does need to be addressed. She is not
minimizing Akin Road. Embers Avenue needs to be taken care of right now. She urged
anyone who has problems with their road to come forward. It took getting the
Council Minutes (Regular)
November 4, 2002
Page 8
neighborhood involved and signing a petition. She has lived in her home for seven years
and has made an investment in the community. She asked the citizens of Farmington to
pay attention to what they are doing, and slow down. Mayor Ristow thanked her for
bringing the situation to Council's attention.
Mr. David Pritzlaff, 20255 Akin Road, asked about signage. He drives all over the metro
area. In Rogers, he noticed a speed limit sign of"25 mph state law." In Princeton, there
is a sign "no passing on right, state law." Why do other places have these signs for
situations that are echoed here? Staff will have to research that, as 30 mph is the lowest
enforceable speed limit. Councilmember Soderberg stated speed radar enforced signs
could be added to Akin Road as well. He would really like to see some attention placed
on the education flyer for all speed issues in the city. It would be good to have a time
difference placed on the flyer, if going 30 mph vs 40 mph how long does it take to travel
from one end to the other?
MOTION by Soderberg, second by Cordes authorizing the installation of speed limit
signs along Embers A venue which include a plate that says "speed radar enforced."
Authorize staffto create an educational flyer for distribution to educate drivers on
residential speed limits and safety issues. Install an all-way temporary stop sign at 18ih
and Embers and 193rd and Embers due to construction traffic based on the traffic
engineer's recommendation. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmember Soderberg: He received an e-mail from a new resident and suggested
adding a map to the website and another link to the website. He forwarded this request to
Human Resources Director Wendlandt.
The traffic engineer had talked about a stop sign on Akin Road where the street connects
from Vermillion Grove. Staff is expecting a response to the review of that within the
next few days.
City Engineer Mann: Engineering staff attended a workshop at the LMC
regarding the guide plan for the MPDES Phase II Stormwater Permit. This will help in
the construction of 50-65% of the storm water pollution prevention plan.
Mayor Ristow: Council received a request for culvert extension and ditch
filling along Akin Road. City Engineer Mann responded to Council and there are a few
unanswered questions. Mayor Ristow will give these questions to staff for response back
to Council.
Council Minutes (Regular)
November 4, 2002
Page 9
He then wished all the candidates and incumbents for all offices good luck and reminded
everyone to vote.
14. ADJOURN
MOTION by Cordes, second by Strachan to adjourn at 8:09 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
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Cynthia Muller
Executive Assistant