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HomeMy WebLinkAbout01.21.03 Council Minutes COUNCIL MINUTES REGULAR January 21, 2003 1. CALL TO ORDER The meeting was called to order by Acting Mayor Cordes at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Cordes led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Cordes, Fogarty, Soderberg, (vacant seat) Ristow Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, 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 Earl Teporten, Harbee Tharaldson, Jeff Krueger, Dave Pritzlaff 4. APPROVE AGENDA MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Parks and Recreation Randy Distad was introduced as the new Parks and Recreation Director. b) Introduce New Employee - Police Inga From was introduced as the new Community Service Officer. 6. CITIZEN COMMENTS Mr. Jeff Krueger, 5324 186th Street, discussed Councilmember Cordes' comments from the January 6, 2003 Council meeting regarding her being a victim of coercion. Mr. Krueger wrote a letter to the editor of the Farmington Independent asking that an investigation be conducted. Councilmember Cordes has been notified ofthis and Mr. Krueger asked for her comments. Councilmember Cordes stated she used the wrong word. She was trying to think of a word quickly for political promises that were broken and coercion came to mind. She spoke with Chief Siebenaler and he asked her if she was threatened or forced into a vote, and she stated she wasn't, so there was no need for an investigation. Mr. Krueger stated so you are trying to tell us that you would have us believe that you were saying the incorrect word thinking that coercion meant a broken promise. Councilmember Cordes stated she was looking for a word that meant political Council Minutes (Regular) January 21,2003 Page 2 promises were broken and coercion was the first word that came to mind and she used it in the sense of being persuaded to vote, not by force or being threatened, that was the word that came out. Mr. Krueger stated he was confused by that, because Councilmember Cordes did have a conversation with Jim Bell, when he spoke at the Council meeting, and he questioned her specifically on that word, coercion. Councilmember Cordes stated she was still using coercion as being persuaded to vote. She was not forced or threatened into a vote. Coercion was the wrong word and Councilmember Cordes apologized. Mr. Krueger then asked why Councilmember Cordes was not willing to listen to the voters who want Joanne Payne in the City Council seat. She was the third highest vote- getter, clearly by a wide margin. These are also the citizens who elected yourself and the other members and also Mayor Ristow as well. Why are you not allowing the voice of the voters to speak again and to allow Joanne Payne to be in that seat? Councilmember Cordes stated at the last meeting she did state that past precedent has been set and she is following past precedent. Mr. Krueger stated appointment is the correct course of action in this matter, but you can also appoint Joanne Payne and go with the will of the voters and do as they wish. Why is that not a consideration? Because it seems like it is not a consideration with you. Councilmember Cordes stated she has not said that. Mr. Krueger stated he realizes she has not said that. He is going according to her actions and the way Councilmember Cordes is speaking regarding this. Mr. Krueger then asked if in the past Councilmember Cordes has already had a person selected for this seat or had any type of agenda as far as putting forth her own candidate in order to proceed with her agenda as far as getting rid of City Administrator Ed Shukle? Councilmember Cordes replied she hasn't. Mr. Krueger then presented an article from the October 31,2002 Farmington Independent which stated there were two individual sources that Councilmember Cordes had talked to after a meeting had taken place with the City Council and Ed Shukle. According to the article, Councilmember Cordes had stated she and Mayor Ristow had a candidate in mind to appoint in order to oust City Administrator Shukle. The article also states she and Mayor Ristow would take care of issues at Farmington City Hall once you get your own people in there. Councilmember Cordes asked Mr. Krueger to read the beginning ofthe article which states there were two anonymous sources. Anonymity is a beautiful thing. Those two anonymous sources cannot be released by the paper. The paper also has an obligation to make sure when things are said or printed they need to verify if they are true. The paper has not confirmed these statements with Councilmember Cordes. Mr. Krueger stated whoever these sources may be they mayor may not be able to put forth their names fearing possible retribution. Councilmember Cordes said to remember, anonymity is a beautiful thing. She knows she did not say that to people. Mr. Krueger then stated so you have no plans to get rid of City Administrator Shukle. Councilmember Cordes replied she has never said that. Mr. Krueger then repeated do you have plans right now to get rid of Mr. Shukle? Councilmember Cordes stated she has made her feelings clear on Mr. Shukle and his employment in Farmington. She has not held that back. Mr. Krueger then stated but you did vote for his appointment to that position, correct? Councilmember Cordes stated we did after much deliberation and also things were said when we were going through the appointment process. Mr. Krueger stated he has minutes where Mayor Council Minutes (Regular) January 21,2003 Page 3 Ristow is quoted as saying there was some debate regarding the appointment of Ed Shukle but yet it was minimal and Council came to a unanimous agreement. Mr. Krueger stated that Councilmember Cordes has said that Mr. Shukle was not her first choice. And she did not think his qualifications were such that she would determine him to be a good administrator. Yet, at his six-month review, Councilmember Cordes also seconded a motion to increase his salary. At that six months, Councilmember Cordes could have terminated his employment, but instead voted to increase his salary. Why was that? Councilmember Cordes replied, at six months they were still evaluating Mr. Shukle's performance. City Attorney Jamnik stated a summary was provided of the evaluation. Mr. Krueger stated according to the summary, the review of Mr. Shukle was based on his first six months as City Administrator. Mr. Shukle was judged to have met or exceeded all applicable evaluation criteria. Mr. Shukle received high ratings in the area of Council, public and interagency relations. Councilmember Cordes asked if the summary states how those ratings were broken down, because there were five Councilmembers evaluating him. City Attorney Jamnik stated the summary does not break down the individual ratings of the Councilmembers. Councilmember Cordes stated we each evaluate his performance individually. Certain points are established, and it is the average of those points that are given for the review. Mr. Krueger stated it was after this meeting you seconded the motion to increase his salary. In fact, it was more than what is typically given. Is that correct? Councilmember Cordes replied it was more, but Council did that in lieu of a car allowance. Council was also under a contractual obligation that if he met the criteria ofa good review, whether certain individuals gave him a good review or not, to give him that raise. Mr. Krueger stated even though Mr. Shukle met the criteria after a six-month review, now you are saying he is inadequate as a City Administrator. Councilmember Cordes stated she never said he was adequate at six months either. Mr. Krueger then asked Councilmember Cordes if she could cite any instances where he has shown inadequacies? Councilmember Cordes said she has been told by legal counsel not to discuss that. Mr. Krueger stated we are the citizens of Farmington. Councilmember Cordes stated she is also protecting herself and the City of Farmington and she has been advised by legal counsel not to discuss Mr. Shukle's performance. Mr. Krueger then asked when this is going to be discussed, because he would like to hear about this before she puts someone else on the Council and then dismisses Mr. Shukle. Councilmember Cordes stated she cannot tell Mr. Krueger that and she does not know when she can tell him. That is under legal advice. Mr. Krueger then said you are still trying to tell us you do not have an agenda at this time to get rid of Ed Shukle? Councilmember Cordes stated she has never made it a secret she does not want him employed here. Mr. Krueger stated then you do have an agenda to get rid of him. Councilmember Cordes replied if you want to call it an agenda, then yes, I have an agenda. Mr. Krueger then added, which would include appointing your own person to the Council seat. Councilmember Cordes replied, however you want to look at it. Mr. Dave Pritzlaff, 20255 Akin Road, spoke regarding the vacant Council seat. He feels the third highest vote-getter should get the seat. He was appalled to read in the paper Council was taking applications. He hoped that during the application process, Council does not use a process that has qualifications. A person actually running for Council only needs to meet three qualifications - a citizen of Farmington, over 21 years of age, and Council Minutes (Regular) January 21,2003 Page 4 eligible to vote in Minnesota. If someone is brought in or has been on the Council before or has worked for other cities, and you look at those qualifications, it is unfair to the public that was doing their own work as far as running, and spending their own money putting a campaign together. It would be totally unfair if you select qualifications ofthat status. Qualifications should be on those three things. Mr. Pritzlaff stated Councilmember Cordes had a statement in the paper saying she had been coerced into voting for two things I didn't want to vote for, and that's not going to happen tonight. Mr. Pritzlaff assumed that had to do with the third highest vote-getter issue. Mr. Pritzlaff then stated Councilmember Cordes has answered part of his question, that she was not threatened to vote that way, but were you paid for it? Councilmember Cordes replied no, she was not. Mr. Pritzlaff then asked how can Councilmember Cordes as an individual representing the city of Farmington still sit in her seat tonight saying that she voted for something that either someone else talked her into, or someone paid her for it. There has to be some logic as to why and how you were coerced or persuaded into saying that. We elect each and every one of you for your vote and your vote only. There are two other issues out there, the public does not know what they are. Is it a bigger topic than we think? What were those issues? Is it affecting some person's life? Their monetary life? Have they had to pay for a project or whatever? How is that impacting the public? Addressing Councilmember Cordes, Mr. Pritzlaff stated it is obviously not impacting you at all, because you're still sitting in your seat. Mr. Pritzlaff stated ifhe did something like that he would be embarrassed and he would walk. Councilmember Cordes has two years left. What assurance does the public of Farmington have, that when something comes up for a vote that it would be yours? Mr. Pritzlaff stated he would not believe any vote that comes from Councilmember Cordes, that it would be solely her vote. He thinks there should be an investigation done as to what the two issues were, and how she was persuaded. Mr. Pritzlaff feels Councilmember Cordes violated her Oath of Office. The residents need to know some answers and quick. A lot quicker than it is taking to fill this third seat. This is ridiculous. He said earlier we would be sitting in February without a full Council. You saw this coming and there is no reason for this. Mr. Pritzlaff does not know how Councilmember Cordes can assure the residents that anything she votes on for the next two years is coming from her, because he doesn't and he won't. 7. CONSENT AGENDA MOTION by Fogarty, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (1/6/03 Regular) b) Approved Church of the Advent Reuse Study - Administration c) Approved Change Order - City Facilities Project - Engineering d) Approved Towing Contract and Rate Schedule - Police e) Received Information Annual Report - Boards and Commissions - Administration f) Approved Appointment Recommendation - Administration g) Approved Appointment Recommendation - Community Development h) Received Information Capital Outlay - Public Works i) Received Information Police Department Training Agreement - Police Council Minutes (Regular) January 21, 2003 Page 5 j) Approved 2002 Pay Equity Report - Administration Councilmember Fogarty stated she assumed this is for a state agency. Staff replied the city is required to report to the state every three years on the pay equity status. Councilmember Fogarty asked if it was time consuming to do this report and something that is necessary? Staff replied it can be time consuming because all the job classes are reviewed and then the report is run. Councilmember Soderberg asked if there was value to the information in the report? Staff replied there is. It shows that male and female classes are paid equitably and that the city is not lagging behind in pay for any class. The notice will be posted at City Hall. Set February 3, 2003 Public Hearing Farmington Heritage Landmark Designation - Administration 1) Approved Bills APIF, MOTION CARRIED. k) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Customer Service Response Report - Administration The Customer Service Response report for the third quarter of 2002 showed a 96% prompt response rating and satisfaction rating. Staff also received a 100% rating in terms of being courteous and helpful. Council requested a report for the fourth quarter as well as the entire year. This will be presented in April 2003. b) Building Permit Report - Community Development The city issued 55 new single-family detached housing permits and 90 new multi- family permits during the fourth quarter of 2002. The total for the fourth quarter is 145 new housing permits. Farmington ranked fifth in the metro area for housing permits. c) Adopt Ordinance - Amending the City Code to Allow Daycare Facilities- Community Development Staff presented an ordinance to allow daycare facilities in three zoning districts. Those districts are R-5 (high density residential), B-2 (downtown business), and BP (business park). Staffwas contacted regarding opening a commercial daycare facility in the vacant medical clinic on the Trinity Hospital site. Staff feels this would be an appropriate conditional use. MOTION by Soderberg, second by Fogarty adopting ORDINANCE 003-484 amending sections 10-5-10, 10-5-14, and 10-5-18 of the zoning code to conditionally allow commercial daycare facilities in the R-5, B-2 and BP zoning districts. APIF, MOTION CARRIED. Council Minutes (Regular) January 21, 2003 Page 6 d) Adopt Resolution - Bristol Square 4th Addition Final Plat - Community Development Mr. Jim Allen, the developer, proposes to plat 30 townhome lots in the Bristol Square 4th Additional Final Plat. The property is located in the central portion of the Bristol Square development east of Glenview Townhomes. The Planning Commission recommended approval. Conditions include: Execution of a Development Contract and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Any engineering issues be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R2-03 approving the Bristol Square 4th Addition Final Plat with the above contingencies. APIF, MOTION CARRIED. e) Charter Communications - Administration Staff received a letter from Charter Communications regarding rate changes effective February 15,2003. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Soderberg: He has been asked by a number of people if Council intends to interview all applicants for the Council seat. Past precedent has been to interview all candidates and that is what will be done this time. Council agreed. Councilmember Fogarty: Felt the date for Council interviews should be set tonight for February 8, 2003 at 8:00 a.m. The interviews are open to the public and she would like staff to arrange for them to be broadcast on cable TV. Council would like to receive the applications ahead of time to review. Councilmember Cordes asked if Council and Board and Commission applicants would be interviewed at the same time? Councilmember Fogarty felt they should be separated. Council postponed Board and Commission interviews to give the new Councilmember a voice, otherwise Board and Commission interviews could have been held on January 11 as originally scheduled. Board and Commission interviews could be held on February 15, or depending on the number of Council applications, a second day may be needed for those interviews. Council Minutes (Regular) January 21, 2003 Page 7 Councilmember Fogarty also brought up the strategic planning retreat. She was concerned as to how far out it is being pushed. It is a goal setting retreat to determine what we want to accomplish this year. To have the retreat at the end of April gives us a really short time frame to accomplish goals. Staffthought it was a good idea to do this retreat. She would like to see the retreat moved up to possibly February. Last year it was held in April. The facilitator is available the latter part of April. Council agreed to bring available dates to the next Council meeting. Councilmembers Fogarty and Soderberg attended the Annual Fire Department meeting. There was a wonderful presentation regarding September 11. Three firefighters were recognized for 20 years of service. Mr. Gary Lawrence was named firefighter of the year. Councilmember Fogarty also attended the Community Expo, where there was a huge turnout. City Attorney Jamnik: At the December 16, 2002 meeting, he discussed that the city had been named as a defendant in a claim by Traveler's Indemnity in a landfill cleanup action. A settlement was reached and the agreement has been finalized. There are no defense costs incurred by the city. City Administrator Shukle: The Government Training Service is a non-profit organization that provides training to units of government. Mr. Shukle has been selected by the League of Minnesota Cities to fill a seat on the board. He will provide guidance as to the types of programs government agencies can obtain through this service. The meetings will be held quarterly. City Engineer Mann: He has been informed by Dakota County that Mayor Ristow has been appointed to the Vermillion River Watershed Planning Commission. 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 7:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, c;.--.-~~ ;n-? cd~ {/ Cynthia Muller Executive Assistant