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HomeMy WebLinkAbout12.02.02 Council Minutes COUNCIL MINUTES REGULAR December 2, 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; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant David Pritzlaff, Curtis Huber, Christy Jo Fogarty, Henry Iwerks, Matt and Krista Conner, Bruce and Sheri Conner 4. APPROVE AGENDA Councilmember Strachan pulled item 7f) Accept Resignation - Councilmember Strachan, to abstain from voting. Item 7e) Approve Change Order - 195th Street Project, the action requested should be changed to approve the change order to the 195th Street W Extension Project. MOTION by Soderberg, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. David Pritzlaff, 20255 Akin Road, stated during the last two Council Meetings Councilmember Cordes has directed feedback to certain individuals. He felt it was ironic she responded back during Council Meetings. It seemed as if it was in the defense mode, as ifit was appropriate to respond in defense of herself rather than as a person asking for help. Mr. Pritzlaffwanted Councilmember Cordes to ask Police Chief Siebenaler regarding entrapment laws. Mr. Pritzlaffwas going towards Lakeville at night and saw a police car backed into Foliage Avenue, totally obscured. Further down the road, a police car had another car pulled over. Later on that person stated there seemed to be a speed trap at that location. The Police has stated entrapment is not illegal, but generating revenue does not look good. Mr. Pritzlaffwanted to know ifthis is something that we do or not do, or if this could be done on Akin Road or any other road? Councilmember Council Minutes (Regular) December 2, 2002 Page 2 Cordes stated just to entertain Dave, she directed the question to Police Chief Siebenaler, but she did not expect him to have an answer, and stated he could respond at the next meeting. Police Chief Siebenaler stated the activity was the third of three traffic saturation campaigns conducted at the direction of the Council throughout the city including Akin Road and Embers Avenue. They were done at different times of the day including at night. The officers made no specific effort to hide. The officers were pulled off on a side road, not concealed. Darkness is a natural factor. Hwy 50 was one of 5 different roads where the traffic saturation was conducted including Hwy 50, Pilot Knob Road, Akin Road, Embers Avenue, and Ash Street. Entrapment is not a factor in traffic saturation campaigns. Entrapment is a direct effort by a police officer to coerce a person into committing a crime. At no time did an officer coerce or entice anyone to break the speed limit. The use of the word entrapment is inappropriate in this case. Mr. Henry Iwerks, 1105 Sunnyside Drive, stated he thinks the truth in taxation law is the best law ever passed in the state. People were doing a lot of complaining about this and that like you Councilmembers, like the department heads, lots of complaints. The problem with truth and taxation is not you people; it is the people who never attend these meetings. They are running it in the ground. There is still a lot of complaining going on in the coffee shops. a) Response to Mr. Bill Fitch's Comments Staff prepared a response to comments Mr. Fitch made at the previous Council meeting. Staff clarified Mr. Fitch's comments regarding compensatory time, stating the city no longer provides compensatory time to non-bargaining exempt staff. Consequently, Ms. Karen Finstuen is currently not using compensatory time as part of her terminal leave, but is using her severance, which consists of previously earned vacation and sick leave. The numbers staff presented to Mr. Tharaldson were accurate. How he totaled those numbers and chose to present that information was not within staffs control. As Mr. Tharaldson did not ask any questions of staff or Council, no response was given. 7. CONSENT AGENDA 7e) MOTION by Strachan, second by Soderberg approving change order - 195th Street Project - Engineering. APIF, MOTION CARRIED. 7{) MOTION by Soderberg, second by Verch accepting resignation- Councilmember Strachan - Administration. Voting for: Ristow, Cordes, Soderberg, Verch. Abstain: Strachan. MOTION CARRIED. MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (11/18/02 Regular) b) Approved Joint Powers Agreement Renewal- Narcotics Task Force - Police c) Approved Audit Engagement Letter - Finance d) Approved Appointment Recommendation - Finance g) Accepted Petition Farmington Youth Soccer - Parks and Recreation h) Ground Water Testing - Engineering i) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) December 2, 2002 Page 3 8. PUBLIC HEARINGS a) Truth in Taxation Hearing - Finance Staff presented highlights of the City's proposed 2003 Revenue and Expenditure Budget and the 2003 Proposed Tax levy. Mayor Ristow stated these figures have been reviewed during several workshops. Councilmember Strachan stated revenues and expenditures have to be compared to growth. Expenditures should not exceed the rate of growth. The city is always below that rate. Councilmember Soderberg stated the increase in the levy is below the increase in the tax base. Mr. Henry Iwerks, 1105 Sunnyside Drive, stated the property taxes are going up, but there should not be any complaining as long as there is an understanding on the part ofthe taxpayer. The city has X number of dollars in taxes this coming year. The city is also growing. He asked how many new houses were built last year. Staff replied 429. With all that building, the people who have bought those houses, are paying property taxes on those houses. There are X number of dollars used for city services. It costs the city money to put some of that in there, such as a street. It seems to Mr. Iwerks, when the city has X number of dollars being spent for taxes, that should be offset in a figure residents can understand. He would like that addressed in simple terms. Finance Director Roland replied when the new homes come on to the tax roles, the city does receive additional tax money. But the growth is so much larger than the amount of increase requested in funding, the mill rate does decrease and has decreased over the last couple years. The other part of the general fund budget which taxes do not pay for are user fees. Mr. Iwerks stated he hoped the Council and everyone involved will push to keep these reports very simple and very short. MOTION by Soderberg, second by Verch to close the public hearing. APIF, MOTION CARRIED. Adoption of the Final Budget and Levy will take place at the December 16, 2002 Council Meeting. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Main Street Project Options - Engineering There are three options that exist for the reconstruction of Main Street. They are as follows: 1. Reconstruct Main Street to the same cross-section that exists currently, keeping the width the same. 2. Reconstruct Main Street to a cross-section with a reduced width, similar to that which occurred when Oak Street was reconstructed. Council Minutes (Regular) December 2, 2002 Page 4 3. Reconstruct Main Street with a cross-section that includes a landscaped median that would allow for maximizing the infiltration of storm water runoff and providing an aesthetic benefit. The feasibility report will be brought to Council in January 2003. b) Adopt Ordinance - Bed and Breakfast - Community Development Staff received a request to open a bed and breakfast, and therefore the zoning code needs to be amended to establish standards for the operation of bed and breakfasts. The Heritage Preservation Commission and the Planning Commission reviewed and approved 16 specific conditions. A few of the main ones are: The structure is listed on the National Historic Register, designated on the city's list as a Farmington Heritage Landmark or identified as a historically significant property by the Heritage Preservation Commission. The bed and breakfast residence shall be occupied by the owner or an agent of the owner. A maximum of five bed and breakfast units may be established in a structure and at least one bedroom must be reserved by the property owner(s) or agent. Mayor Ristow stated the Heritage Preservation Commission and the Planning Commission did a good job structuring this. It is something that needs to be recognized, and he was in support of the amendment. Councilmember Strachan asked if a property has not been designated as historically significant, and they want to establish a bed and breakfast, could the HPC be petitioned? Staff stated this would be reviewed on a case by case basis. Councilmember Soderberg inquired about the process if someone wants to build a structure for a bed and breakfast. Attorney J amnik stated the ordinance could be amended. Councilmember Strachan asked if conditions 14 and 15 were defensible. 14. The Planning Commission reserves the right to review the conditional use permit annually and either continue or modify the conditions of the permit. 15. The Planning Commission reserves the right to terminate the conditional use permit anytime the owner fails to adhere to the standards or conditions established by this section or contained in the conditional use permit. Attorney J amnik stated 14 does not void the permit. It is an administrative annual review process to determine compliance with conditions. Regarding no. 15, there is an administrative process to determine non-compliance. The property owner has the right to appeal. Councilmember Soderberg questioned the licensing condition, which states bed and breakfasts should be licensed by the city, we are issuing a conditional use Council Minutes (Regular) December 2, 2002 Page 5 permit, reviewing the CUP annually, and bed and breakfasts have to have a state permit. He asked if the city was creating another layer of bureaucracy? Attorney Jamnik stated most cities have dual licenses. The state license depends on the type of operation. The conditional use permit deals with impact on neighbors, number of units, parking, whether the area would accommodate a certain number of guests. Councilmember Soderberg obtained an ordinance from another city which had far less conditions. He would like to see the licensing condition struck from the ordinance. Councilmember Soderberg also noted the HPC suggested including the Secretary of Interior Standards for Rehabilitation. This is already included through the HPC's charter and historically designated properties under item one. Councilmember Cordes agreed with removing no. 16 from the conditions. Mayor Ristow stated it is a business, and other businesses have to apply for a license. Attorney J amnik stated if there is an annual review for the CUP, and an annual review of the business license, the annual license would allow for a fee. The CUP is a one-time fee. Councilmember Soderberg stated this will help to maintain older homes and defer some ofthe costs. Councilmember Strachan stated the license fee condition could remain, and keep it a nominal fee. Attorney Jamnik stated the city is looking at operational items, whether it is owner occupied, reviewing the guest list, etc. Councilmember Soderberg felt bed and breakfasts would be a huge asset to the community. He would like to encourage them rather than discourage them. The ordinance Councilmember Soderberg obtained from Lanesboro does not require a city license. Councilmember Strachan suggested approving the ordinance and then review a less bureaucratic approach and perhaps implement any changes through the zoning code for all businesses. MOTION by Strachan, second by Soderberg adopting ORDINANCE 002-483 amending the Farmington Zoning Code, establishing standards for bed and breakfasts and to review business licensing. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Reception Preceding December 16 City Council Meeting, 6:15 p.m. This reception will be honoring the service of Councilmembers Strachan and Verch and will be open to the public. b) Swearing-In Ceremony - Judge Karen Asphaug The swearing-in ceremony for Councilmembers Soderberg and Fogarty will be performed by Judge Karen Asphaug on January 6, 2003. Council Minutes (Regular) December 2, 2002 Page 6 Councilmember Strachan: He attended the ALF Board Meeting with Councilmember Soderberg to learn more about the organization. They are in the final stages of hiring an ALF Administrator. Councilmember Soderberg: On Tuesday, December 3, there will be a dedication for the new clock in front of the Exchange Bank building. There is also a new mural on the Feely Elevator installed by the Lion's Club. The dedication will be December 18 at the Farmington High School. Councilmember Cordes: Regarding the Fire Marshal's vehicle, after the last Council meeting she received more phone calls. She stated the e-mail she received from Administrator Shukle did not address why a city employee is reporting to a private residence for work. If it is necessary for the city to purchase another vehicle, we should do that. She is uncomfortable and citizens she has talked to are uncomfortable, that we have a city employee reporting to a private residence for work. In the e-mail it indicated other fire marshals have done that. She has never observed that and she is not sure if that happened or not. She lives down the street from Fire Chief Kuchera and has not observed the Fire Marshal reporting to his residence until the city obtained the new vehicle. She has no problem with Chief Kuchera keeping the vehicle at his house and driving it to work. He does a great service to this community. But she does have a problem with a public employee reporting to a private residence for work everyday. Councilmember Verch: Thanked Police Chief Siebenaler and officers for their excellent job on speed enforcement. City Administrator Shukle: Administrator Shukle asked Councilmember Cordes if she would like that not to happen any more. The information provided was the history obtained from Chief Kuchera who has said this has been the practice since 1992. Councilmember Cordes said it is not just what she is comfortable with. When people see a city employee reporting to a private residence, they keep track of when they get there and when the leave. She is not discrediting Mr. Powers, he may very well come back to City Hall, or report here first, but people do observe that. It is something we should not do. The old vehicle sits at the fire hall during the day, maybe we should use that. She does not like having someone report to a private residence for work everyday. Administrator Shukle stated in the e-mail that it is because of the convenience to the Fire Chief in terms of responding to an emergency to have the vehicle at his home and for Fire Marshal Powers to go there. If the Council wishes that not be the practice anymore, then we will change it. It is not something that was instituted within the last year. It has been done since 1992 and has worked out well. But if Council would like us to change it, then we will change it. Mayor Ristow asked Administrator Shukle to elaborate on the fact this has happened since 1992. Mayor Ristow stated the Fire Chief worked days, he was not aware he worked nights. Administrator Shukle stated the S-10 vehicle has been parked at his home and the three past fire marshals did report to Chief Kuchera's house to pick up the vehicle according to Mr. Kuchera. Mr. Kuchera works from 7 p.m. - 6 a.m. Councilmember Cordes stated in the past Mr. Kuchera drove the vehicle during the day Council Minutes (Regular) December 2, 2002 Page 7 to his place of employment, where the fire marshals did not report to his house. She does not like a city employee reporting to a private residence everyday for work. Councilmember Strachan stated it is Ken's department and staff should relate to him there is at least one Councilmember that is uncomfortable with the situation, and what is his solution. Let him work that out. Councilmember Soderberg asked if the fire marshal needs to use that vehicle? Staff stated that vehicle has the equipment needed during the day to respond to fire or rescue calls. Council requested staff work on options for providing an additional vehicle for 2003. Councilmember Verch stated he felt it was only done for convenience. They are low on personnel during the day, so it works great when the fire marshal has the equipment ready to respond. The S-lO vehicle is parked at the fire hall during the day and is used when firefighters attend training and to carry supplies. Community Development Director Carroll: Stated the fire marshal works in the Community Development Department and also the Fire Department. If the concern is an employee reporting to someone's home at the beginning of the day, would an option be to not have Fire Marshal Powers report to that home, but to come to City Hall first, leave his car here, and then have another staff member drive him over to pick up the vehicle? Then he would not be reporting to someone else's home, he would be reporting to City Hall, and still have the use ofthe vehicle during the day. Councilmember Cordes stated people notice what goes on. It might only take 5 or 6 minutes to get there, but then you are interrupting another employee's day. If that is an option, that's fine, but she would want to see the practice stop of Fire Marshal Powers reporting to Chief Kuchera's house. City Engineer Mann: p.m. There will be an Ash Street workshop Wednesday, at 7 Mayor Ristow: open house on Saturday. Dakota County Transportation Facility will be holding an 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:36 p.m. APIF, MOTION CARRIED. Respectfully submitted, ('; . ~-;7 /:-y;7 T_7~.:...~ }-Y}Ld~-v Cynthia Muller Executive Assistant