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HomeMy WebLinkAbout11.18.02 Council Minutes COUNCIL MINUTES REGULAR November 18, 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; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Mike Heinzerling, Christy Jo Fogarty, David Pritzlaff, Al Corrigan, Craig Stibbe, James Munro, John Fortney 4. APPROVE AGENDA Councilmember Verch pulled item 7a) Council Minutes 11/6/02 Special to abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. S. ANNOUNCEMENTS a) Introduce Promoted Employee - Administration Lisa Shadick was introduced as the new Administrative Services Director. b) Introduce Promoted Employee - Community Development Wendy Conboy was promoted from 3/4 time to full-time. c) Introduce Promoted Employee - Community Development Ken Lewis was introduced as the new Building Official. d) Introduce New Employee - Community Development Jim Atkinson was introduced as the new Assistant City Planner. Council Minutes (Regular) November 18, 2002 Page 2 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, stated there was a resident at the last meeting that read a letter regarding how Mayor Ristow is doing his job and other things. As Mr. Pritzlaffwas listening to him, he wondered who wrote the statement for him, and how much was he getting paid to read it? Mr. Pritzlaff stated it obviously looked like the gentleman had no idea what was in the letter, could not look away from the letter, and the way he read it was word for word. In Mr. Pritzlaffs mind it looked to him like it had been given to him to read. Ifthat is the case or not, that is his feeling of what he saw. He asked the residents, that if they do come to the Council Meetings with issues, at least have your own material. Mr. Pritzlaffthen spoke about filling Councilmember Strachan's Council seat. It looks like it will go right to the end whether it will be the third highest vote-getter, whether they will be appointed, and the method of appointment. If they will be appointed, it looks like there will be a bunch of names thrown into a hat so the names will either be picked out or go on qualifications. The whole method needs to be ironed out for the residents. Several people are wondering what the process will be. Mr. Pritzlaff feels it needs to be decided how this will be handled and outline the methods clearly for everyone. Mr. Pritzlaff agreed with the draft letter the city will be sending to MnDOT regarding speed limits on Akin Road. He received a letter from Al and J an Corrigan stating they have not been involved and have not been called to meetings. Just because a few people want the speed changed, the city is looking very hard at the issue. The letter states Mr. Corrigan drives the road everyday. Mr. Pritzlaff stated Mr. Corrigan is only on Akin Road for two blocks. Mr. Pritzlaff stated he is in the center of the road and cannot get out of his driveway quickly enough for oncoming traffic. Mr. Pritzlaffwas not saying that Mr. Corrigan's opinions are not as important as anyone else's. But Mr. Corrigan needs to realize people further down the road do have a hardship. Mr. Corrigan also has a bypass lane in front of his property to use for turning into his driveway. Mr. Pritzlaffthen stated when Mr. Corrigan states in his letter he has not been invited to any of the meetings, regarding the meeting on the Akin Road turnback study held February 9, 2002, Mr. Corrigan's signature is on the attendance list. There are also five pages of signatures on a petition stating residents do not approve the proposed Akin Road improvement project until safety issues have been addressed and implemented to the satisfaction ofthe residents. There were 29 people in favor of reducing the speed limit, 2 people were in favor of a bike path, and 5 people were in favor of turn lanes. Mr. Jannine McLaughlin, 19070 Enchanted Court, stated she is also concerned with Akin Road. Her street backs up to Akin Road. She likes the bike path, but they have no safe way to get from their development to the bike path. Studies have been done to see if there is foot traffic using the path to cross to the school. Children are using the path to cross to the elementary school. There is a new street entering Akin Road, a short distance from the Baptist Church. She has had to slam on her brakes trying to exit that road because of traffic coming around the curve. She could collect many signatures regarding the safety of Akin Road. Council Minutes (Regular) November 18, 2002 Page 3 She also spoke about the third Council seat and wondered if there was a way to re-vote, or have the third highest vote-getter fill the seat. The citizens should be involved as they did take their time to vote. Ms. McLaughlin used to be on the mailings for Akin Road and somehow her name has been removed from the list. She would like to be put back on the list for Akin Road mailings. Mr. James Munro, 18863 Embers Avenue, stated he does have a problem with Councilmember Cordes. He stated the residents came to get help, some overtime was approved for the police to patrol Embers Avenue, and as soon as they get a little help, Councilmember Cordes wants to take that away from them. Councilmember Cordes stopped Mr. Munro saying she did not want to take it away from Embers Avenue, but said maybe we should look at overtime in other areas too. She was not trying to diminish the problem on Embers, but there are also other areas too, that if we are going to devote overtime we need to look at overtime for other areas too. Councilmember Cordes stated her job is to look at the community has a whole. Mr. Munro said he could appreciate that ifhe lived on Akin Road, and Councilmember Cordes was helping them out. Mayor Ristow stated just to be fair, he initiated the question. At the neighborhood meeting, it was not discussed to do any additional overtime for the patrol. Councilmember Strachan stated it was not brought up in the original memo, and overtime approval is not a Council decision. That is a Chief of Police and City Administrator decision. Mr. Munro stated Embers will be a problem for a long time. The city is trying to help with signage, but that will not work. He would like Council to consider a long-term solution. Mr. Craig Stibbe, 20060 Akin Road, stated he has dealt with a lot of city staff in different departments. They have always been courteous and respectful. Even though he has not always liked the answers, the staffhas been honest and straightforward. Mr. Stibbe stated that shows their professionalism and work atmosphere. He has not dealt with the City Administrator, but this shows his leadership and how well the city runs. We are lucky to have the people we have. It bothers him the city is looking at spending up to $200,000 to get rid of someone, when they are doing a good job. When a special election is brought up, cost is a problem. Mr. Stibbe sees this as the only fair way to fill a vacant seat. It is a democratic manner to let the citizens decide. Even if the third highest vote- getter is appointed, if people knew they had a third choice, they might have voted differently. The only fair way is to have a special election. If the city cannot afford to keep this democracy, then there is a problem. Mr. Bill Fitch, 5816 Upper 183rd Street, stated he is thankful for having the Council meetings on TV. Mr. Fitch is a former councilmember. The election has been a hot button in the community. There is precedent in the city for an open vacancy on the Council. They have been appointed by the Council. They have applied to the new Council, they were interviewed and selected from there. We have a representative government. We elect these people to help make those decisions. To make any decision now, would be a great disservice to Ms. Fogarty (the newly elected councilmember). Council Minutes (Regular) November 18,2002 Page 4 Until she is sworn in, she is technically not a councilmember and cannot vote on the Council. Mr. Fitch then stated some issues have been discussed regarding employment and costs of replacing people. It is costly no matter whether buying out the contract, or they leave with comp time, vacation time, or other time that has to be paid out legally. He feels the sum of $206,000 he heard at a recent Council Meeting was slightly exaggerated, if not grossly exaggerated. The Personnel Director or Finance Director should be able to shed some light on that. When Mr. Thompson left, he received approximately $63,000. It cost about $12,500 to perform a new search for him. When Mr. Erar left, he collected his comp time, and his vacation time he had due him, which is money we cannot do anything about as citizens. That is due any city staff. Mr. Fitch stated Ms. Finstuen is not here tonight because she is collecting some of her comp time before her retirement. If citizens come up here throwing out a lot of figures, city staff owes it to correct the record when it needs to be corrected. To stand up here and throw out a bunch of figures is unwarranted without knowing what the additions are. Some people have produced those documents to the citizens and at that particular point staff should correct them if you feel they are not using the figures in a proper manner. The city is in a state of change. Change is good, but change causes pain unfortunately. He asked Council to keep making policy and staff to keep carrying it out. That is what we are all here for. That is how our system works. Mayor Ristow stated Mr. Fitch sat on the Council for four years and would probably have been re-elected, but he withdrew. He thanked Mr. Fitch for his comments. a) Council Letter - Akin Road Mayor Ristow entered a letter from Al and Jan Corrigan into the record. Staff presented a draft letter to Council that will be sent to MnDOT regarding the Akin Road speed study. Councilmember Strachan asked when a decision will be made? According to MnDOT, the data has been collected. They will wait for any other documentation the city has and finalize the report after that. Mr. James Munro, 18863 Embers Avenue, asked ifMnDOT is judge and jury? Councilmember Soderberg stated the only recourse the Council would have after MnDOT makes it's decision on the speed limit is to designate the section of road that qualifies, as an urban district. The only alternative is a 30 mph speed limit in that particular segment. MnDOT's recommendation takes precedent outside of that jurisdiction. Council was asked to consider sending a questionnaire or survey to the residents in the Akin Road area asking their opinion of the raising and lowering of the speed limit. Ms. Jannine McLaughlin, 19070 Enchanted Court, asked in order for MnDOT to lower the speed limit, what is needed? Would adding crosswalks help in MnDOT's decision? Councilmember Strachan stated the only place Council will support crosswalks is at 4-way stop intersections. Placing crosswalks at Council Minutes (Regular) November 18, 2002 Page 5 uncontrolled intersections creates a false sense of security. Ms. McLaughlin asked having crosswalks at controlled intersections, would it help MnDOT determine what the speed would be? Staff replied the traffic engineer has agreed with Council's policy. The majority of what MnDOT uses to do the study is the actual speed the cars are using. Their data shows that when a speed is set at the 85th percentile, there are fewer accidents on the road. Staff is hoping to place a crosswalk on Akin at 195th Street. Crosswalks should channel pedestrians to another trail across the street. Councilmember Cordes asked if crosswalks were in place now and the study was done after that could it result in the lowering of the speed limit? Staff stated the speed of the traffic could recommend a different speed. Staff continues to monitor the major intersections along the road for stop signs during the year. For the 208th Street intersection, another study will be done in April or May. The intersection at 193rd Street does not currently meet warrants for stop signs. Mr. David Pritzlaff, 20255 Akin Road, does not think a questionnaire is appropriate. It is a new road, wider with turn lanes. Some people might change their minds on the questionnaire because they have bypass lanes to move the traffic down the road faster. Regarding warrants for stop signs, do pedestrian numbers count in warrants? Mayor Ristow stated a bike path was placed on the east side, why not give the opportunity to both sides to use the path? Councilmember Soderberg stated 208th Street did meet warrants for a stop sign, but only during certain time slots, there was not enough traffic all day. Regarding crosswalks, 203rd Street does not have a trail on the west side. So even if the intersection did meet warrants for an all-way stop, there is not a trail on the other side. Staff stated there is a sidewalk on the south side of 203rd Street. Councilmember Soderberg stated if the traffic warrants it, he would favor stop signs and a crosswalk at 203rd Street. Staffwill have the traffic engineer review the intersection. Councilmember Cordes agreed a survey is not necessary. Minutes were sent to all the residents from the last meeting. The letter to MnDOT is exactly what Council asked for, but it is not a guarantee MnDOT will lower the speed limit. MOTION by Soderberg, second by Cordes to approve the letter to MnDOT regarding the speed limit on Akin Road. APIF, MOTION CARRIED. Mayor Ristow stated it is not Council's or staffs intent to leave anyone out. If any residents should want to send additional letters to MnDOT they should be sent to City Engineer Mann by December 2,2002. Staffwill send the letter to MnDOT December 2, 2002. Ms. Jannine McLaughlin, 19070 Enchanted Court, asked when MnDOT does the traffic study and the speed limit is posted at 50 mph, and they figure out what is a Council Minutes (Regular) November 18, 2002 Page 6 reasonable speed for that road, they take 85% of what they figure? Is that correct? Staff replied they take the speed of all the vehicles during their study period. Then they take the speed at which 85% of the vehicles are traveling at or below that speed. That speed is called the 85th percentile speed. Ms. McLaughlin then asked what if the speed was posted at 40 mph what would happen? Staff replied people drive the road at the comfortable speed regardless of what the signage says. 7. CONSENT AGENDA MOTION by Cordes, second by Strachan approving Council Minutes (11/6/02 Special). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approve Council Minutes (11/4/02 Regular) b) Approved Various Licenses and Permit Renewals - Administration c) Accepted Resignation Heritage Preservation Commission - Administration d) Adopted RESOLUTION R99-02 Approving Special Assessment Deferral Extension - Finance e) Approved Change Order Akin Road Culvert Project - Engineering f) Approved Traffic Control Change - Embers Avenue - Engineering g) Approved Akin Road Signage - Engineering h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Certification of Delinquent Municipal Services - Finance MN State Statutes grants cities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and may pay their delinquent amount by November 29, 2002 to avoid certification. At the time of notice, 424 accounts in the total amount of $166,726.21 were outstanding. In the case of rental property, both the landlord and the renter received a notice. As of November 18,2002 the outstanding amount is $127,234. MOTION by Soderberg, second by Strachan, to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg adopting RESOLUTION RIOO-02 certifying the delinquent accounts as special assessments to the 2003 taxes of the appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT Council Minutes (Regular) November 18, 2002 Page 7 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) October 2002 Financial Report - Finance As of October 31, 2002 revenues continue to be in excess of expected levels. Expenditures are slightly higher than budgeted. The revised 2002 budget will be presented at the December 2, 2002 Council Meeting. b) Consider Updating Feasibility Report - Main Street Project - Engineering During the October 23, 2002 workshop regarding the city's pavement management program, it was discussed that Council would be willing to consider whether or not to update the Main Street Project feasibility report at this time. The project was previously considered in1997 and did not go forward at that time due to budgetary concerns. If the project were to be reconsidered at this time, the project could be accomplished in 2003. Ifthe project is not done in 2003, the next opportunity would be in 2005 or 2006. Councilmember Cordes stated she is in favor of doing a feasibility report, but wondered if Council was ready to do the project and is funding available? Councilmember Soderberg stated funding is a major issue. The city also has the Ash Street project in 2003. Councilmember Strachan stated the city was on borrowed time in 1997. He agreed Council should look at a feasibility report. If the city wants the street improved and the sewer working property, that is the cost of doing business. It cannot wait 5 years. Mayor Ristow asked if Finance was able to look at available funds? Finance Director Roland replied at this time whatever reconstruction projects the Council chooses to do, there will be a difference between what can be assessed for the streets and what needs to be paid for. The city does not have excess funds in any fund. The city is trying to develop a base in the permanent revolving fund, which has only been in place for a year. The bonds would require a debt service assessment across all city properties to fill in the gap. Mayor Ristow asked if the city's share (65%) is available. Finance Director Roland replied the 65% cost would be ad valorem taxes that would be levied in 2004, if the bonds were issued in 2003. The feasibility report would be ready in January. MOTION by Soderberg, second by Cordes adopting RESOLUTION R101-02 ordering a feasibility report for the Main Street Project. APIF, MOTION CARRIED. c) Schedule Workshop - Ash Street Project - Engineering The feasibility report for the Ash Street project is ready to be finalized. Staff recommended a joint workshop between Castle Rock Township and the city to determine if the project should move forward. The cost allocations would be presented at the workshop. The workshop was scheduled for December 4, 2002,at 7:00 p.m. at Farmington City Hall. 11. UNFINISHED BUSINESS 12. NEW BUSINESS Council Minutes (Regular) November 18, 2002 Page 8 13. COUNCIL ROUNDTABLE a) Culvert ExtensionlDitch Filling - Akin Road - Engineering Staff replied to several questions from Mr. David Pritzlaffregarding the filling of the ditch along Akin Road. Councilmember Strachan: Submitted his resignation from the Council effective January 6,2003. Councilmember Strachan will be sworn in as State Representative January 7,2003. Councilmember Soderberg: With the Depot Way Park, the city has been able to see different forms of art. The Farmington Lions have been working with agricultural businesses on a mural depicting the "Origins of Food." The mural will be placed on the Feely Elevator. Also, a clock will be installed November 20,2002 at the corner of Oak and 3rd Street. A ceremony with the Lion's Club will be held at a later date, and Council will be invited to attend. Councilmember Cordes: A resident called her that had called City Hall to report a street light was out. The resident was given the phone number of the utility company to call herself to report the outage. Councilmember Cordes asked for clarification of how these calls are handled. The resident was upset as she was asked some information she did not know, about a pole number or lot number. Staff will review the situation. Another resident called, one of many, questioning why a city employee reports to a private residence everyday for work to pick up a city vehicle. Councilmember Cordes has not been given a clear understanding as to why this happens. She would like staff to respond to her so she can respond to this citizen and others who ask her. City Attorney Jamnik: Mayor Ristow asked Attorney Jamnik to explain the election process and what the past Council practice has been. Attorney J amnik stated state statute provides for Council appointment anytime a vacancy occurs with less than two years left in the term. In the past, Council has requested applications be submitted to the Council. The Council would interview candidates and make a decision. If the Council wanted to follow the same procedure, that could be determined at the next meeting, or if Council wanted to depart from that, they could wait until the new Council takes office to decide what process to follow. All of the preliminary steps are at the discretion of the Council. The statute says the Council will appoint someone to fill the remaining term. Mayor Ristow stated the question was asked earlier if it would be the citizen's right to have an election. Attorney Jamnik replied the city is not setup for a special election. The statute presumes the Council would fill by appointment. If the city did have the provision for a special election, it would likely be set up to be held with another regularly scheduled election. Council would still have the opportunity to fill the seat for that portion of time. Council Minutes (Regular) November 18, 2002 Page 9 Councilmember Soderberg stated staffhad done some research on past practice, and there was no clear indication in past Council minutes, except for one case where there were applications taken. Councilmember Soderberg stated it has to be by appointment. His suggestion prior to the election, was to determine the mechanism to use for appointment. Because of the increasing controversy, we should let the voters know we are looking at an appointment process and how we are going to do that. To minimize the controversy is the key and to defer to the judgement ofthe voters. We had nine candidates on the ballot, two were incumbents. It is no different than the next election cycle which will have three seats on the ballot. That removes the controversy. It is who the voters have decided. Councilmember Strachan stated he selected January 6 for his resignation date, so newly- elected Councilmember Fogarty could have a sal in the process. Mayor Ristow stated Board and Commission appointments are the 20 week in January. We could have the timeline set to accept Council applications at the same time. Councilmember Soderberg stated at this time, he is not interested in taking applications. By taking applications we are not only opening ourselves to increased criticism, but also to whoever would receive the appointment. Mayor Ristow stated we had an in-house person when the City Administrator vacancy occurred, Councilmember Strachan suggested we take applications and evaluate them instead of placing him in the position first and letting him be a part of the process. If someone leaves in the next two years, how would it be done? Go by the fourth, fifth, or sixth person? Councilmember Soderberg stated a clear precedent has not been set. Mayor Ristow disagreed with that, stating in the past he was an applicant himself. Councilmember Soderberg stated there was not clear indication as to how the process was done. Councilmember Cordes stated she has not ruled out anything. She is not opposed to appointing the third highest vote-getter. The people have spoken with their votes and selected the two people they wanted. She stated Christy Fogarty will be sitting up here for the next four years and she should have a say in how we continue. The next discussion should take place after she is sworn in. Mayor Ristow: Noticed there are a lot of trees gnawed off along the trail in Rambling River Park. Staff is working on the situation. A new family of beavers has moved into the area. Mayor Ristow then mentioned an article in the newspaper regarding 275 permits being let for the school and it has been hard for them to adjust. Are we mixing up the school's budget by this? Staff will check the records on the history of this topic. Councilmember Soderberg stated he spoke with the school regarding the number of permits the city is letting and the balance between townhomes and single-family homes and the impact that has on the school's budget. The school indicated the communication between staff and the school board has been excellent. The townhomes have less of an impact on the school's budget. The impact on the school is consistent with budget. Councilmember Strachan stated he will need to resign from the ALF Board at the end of the year and asked ifhe can assume that he should briefCouncilmember Soderberg since Council Minutes (Regular) November 18, 2002 Page 10 he is the alternate or should he wait until appointments after the first of the year? Mayor Ristow stated in the past Council has gone with the alternate. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:51 p.m. APIF, MOTION CARRIED. Respectfully submitted, /:) ..,L~~7 . d//.. c:.1..<<,~t:::~ ?77~~--J /;-7 Cynthia Muller Executive Assistant