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HomeMy WebLinkAbout02.03.03 Council Minutes COUNCIL MINUTES REGULAR February 3, 2003 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, Fogarty, Soderberg, vacant seat None 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; Cynthia Muller, Executive Assistant Jeff and Shelley Krueger, Beverly Preece, Earl Teporten, Mike Heinzerling, Harbee Tharaldson, Anthony Pena 4. APPROVE AGENDA Councilmember Soderberg pulled item 7g) Set Board and Commissions Interview Date for discussion. Councilmember Cordes pulled item 7m) Approve Bills for discussion. Mayor Ristow pulled item 7a) Approve Council Minutes (1/21/03 Regular) to abstain from voting, item 7i) School and Conference - Community Development, and item 7j) City Attorney Reappointment for discussion. MOTION by Cordes, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. s. ANNOUNCEMENTS a) Introduce New Employee - Administration Jennifer Morical was introduced as the new Receptionist. 6. CITIZEN COMMENTS Mr. Jeff Krueger, 5324 186th Street, stated at the last Council meeting, he discussed the high marks Administrator Shukle had received at his 6-month review. Councilmember Cordes had explained that the review is an average of the points that all the Councilmembers gauge Mr. Shukle on. He received high marks for three different areas. Mr. Krueger wondered how Mr. Shukle could receive high marks when two of the five people on the Council don't think he is fit to be in his seat. Mayor Ristow clarified that Mr. Krueger would like Attorney Jamnik to explain how the evaluations are averaged. Mr. Krueger stated that is correct. The second item Mr. Krueger brought up was that when Mr. Larry Thompson was the Administrator, it cost the city approximately $140,000 in monies paid out. After that came Mr. John Erar. That does not take into Council Minutes (Regular) February 3, 2003 Page 2 consideration the expense the city accrues due to the lack of morale and the uncertainty in city staff. That cost could well exceed $200,000. Mr. Krueger then asked the Council what in Mr. Shukle's performance justifies the city paying $200,000 to try to get a new City Administrator? No one can make sense out of what the Council is doing as far as the City Administrator. He has heard no disparaging remarks about him other than from the Mayor and Councilmember Cordes. Mayor Ristow asked when Mr. Krueger heard that from the two ofthem? Mr. Krueger stated at the last meeting Councilmember Cordes admitted her agenda is to get rid of Mr. Shukle because she feels he is not qualified to fill the role of City Administrator and Mayor Ristow has said in past meetings that Mr. Shukle was not his first choice and that you are also in favor of his dismissal. Mayor Ristow stated he would not debate that now, but suggested Mr. Krueger call him to discuss it. There are data privacy issues Mayor Ristow has been advised by the City Attorney not to discuss, but he would try to answer Mr. Krueger's questions. Mr. Krueger stated we would like to know when we can find out what was discussed and what the issues are with Mr. Shukle. The city would like to know before you dismiss Mr. Shukle. Mayor Ristow stated you are speaking for yourself. Are you representing other residents? Mr. Krueger replied no, he is not in an elected position. Mayor Ristow stated he is a resident, and he is concerned. The Mayor stated he would take Mr. Krueger's call at any time to sit down and discuss Mr. Krueger's concerns. Mr. Krueger stated other people would like to hear those same issues and not from him, but from the Mayor. Mayor Ristow stated they have the same opportunity to call me as you do. The response at citizen comments is not to set up a debate. Mr. Krueger understood that, but felt the Council could save a lot of time by telling people here and watching on TV right now. Mayor Ristow stated you are the only one who is asking me. Mr. Anthony Pena, 18906 Embry A venue, spoke regarding the seal coating project. He asked ifthere was any money allotted in the road and bridge fund to pay for the project, or if residents have to pay the assessment every time? He felt the money in that fund should be used for upkeep of roads and bridges. Mayor Ristow stated the city does, but it is set aside from the developers and is used for the first round of seal coating. After that, there are a lot oftax-exempt properties. Ifthe cost was not assessed, the residents would bear all the cost. When the policy was adopted, Council agreed to assess everyone equally who benefits from the improvements. Councilmember Cordes stated seal coating is done on a seven-year cycle. When your street is seal coated, the residents of those roads are assessed. There are tax exempt properties. If there were no assessments, those properties would not pay for the improvements. Mr. Pena asked if there was money designated for roads and bridges? Councilmember Cordes replied yes. Mr. Pena asked if upkeep of roads wouldn't fall under that category, instead of the citizens being assessed for upkeep? He stated it doesn't seem like the City Council is being very good stewards with our money. Mr. Pena stated residents on the road are being assessed, but all citizens use the road. Councilmember Cordes stated ifthe city didn't assess a portion ofthe cost, property taxes would increase to cover the costs not assessed. The project has to be funded somehow. Mr. Pena asked how he could find out how much money is in that fund? Council advised Mr. Pena to contact the Finance Director. Mayor Ristow stated the policy was adopted ten years ago. It is so everyone is treated equally, and projects cannot be assessed unless they show benefit to the property. Mr. Dave PritzlatT, 20255 Akin Road, spoke regarding a comment made by Mayor Ristow, saying that citizen comments was not going to be a debate. Mr. Pritzlaff agreed. Council Minutes (Regular) February 3, 2003 Page 3 He has asked in the past when something is brought to each of you, there is a response. He stated the Mayor, Councilmembers Soderberg and Strachan have responded. There is one Councilmember that seems to think she is exempt from doing that, unless it is a situation where she wants to defend herself, she comes right out and speaks to the person standing here. He stated at the last meeting he brought up some issues and Councilmember Cordes didn't defend herself, nor did she send out a response letter. He stated her excuse before was that she didn't have time, she worked late at night, or has done this or that. The meetings are two weeks apart, Mr. Pritzlaff felt Councilmember Cordes could find the time to respond to citizens that have any issues. He asked if Councilmember Cordes was going to respond to issues raised at the last meeting or if she was going to play it by ear and defend herself when she needed to. Mr. Pritzlaffstated the defense has been that your attorney has said you cannot say anything. This is public, Mr. Pritzlaff felt the Council needed to defend themselves. Mayor Ristow stated it is up to individual Councilmembers. Mayor Ristow stated your statement is that you had some questions at the last meeting and you expect Councilmember Cordes to respond. Mr. Pritzlaff replied yes, and asked if Councilmember Cordes thinks she is exempt from responding to him? Mayor Ristow stated at the next meeting Councilmember Cordes can choose to respond or not. Mr. Pritzlaff asked so she cannot defend herself and say yes or no now? Mayor Ristow stated the protocol is to respond at the next meeting. Mr. Pritzlaff stated the Mayor needs to explain that to Councilmember Cordes, because at the last meeting, she decided to get into a debate just to defend herself. If she is going to get into that role of defending herself so she doesn't look bad, then she needs to do it consistently with anyone who is at the podium. Mr. Pritzlaffwould like a response to his questions from the last meeting. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: b) Adopted RESOLUTION R3-03 Gambling Event Permit - Administration c) Approved Temporary On-Sale Liquor License - St. Michael's Church - Administration d) Approved Appointment Recommendation - Parks and Recreation e) Adopted RESOLUTION R4-03 TH3 Bridge Agreement - Engineering f) Received Information Capital Outlay - Public Works - Engineering h) Received Information School and Conference - Police k) Approved Senior Center Name Change - Parks and Recreation I) Approved Hoisington Koegler Agreement/Opportunity Grant - Community Development APIF, MOTION CARRIED. a) Approve Council Minutes (1/21/03 Regular) MOTION by Fogarty, second by Soderberg approving Council Minutes (1/21/03 Regular). Voting for: Cordes, Fogarty, Soderberg. Abstain: Ristow. MOTION CARRIED. g) Set Board and Commissions Interview Date - Administration Staff suggested February 22, 2003 to interview candidates for boards and commissions. Councilmember Soderberg is not available on that date. The interviews had been postponed until another Councilmember was appointed. As Council interviews will be held February 8, 2003, Council decided to call a Council Minutes (Regular) February 3, 2003 Page 4 Special Council Meeting for February 10, 2003 to appoint the new Councilmember. MOTION by Soderberg, second by Cordes calling for a Special Council Meeting to be held on February to, 2003, at 5:00 p.m. to ratify the appointment of a new Councilmember. APIF, MOTION CARRIED. Council discussed setting board and commission interviews for February 15,2003. The decision was tabled until the February to, 2003 Special Council Meeting. i) School and Conference - Community Development Mayor Ristow noted Community Development Director Carroll had requested attendance at a conference in Denver. He asked ifthere was a conference held in the Twin Cities to save air travel cost. Mr. Carroll replied Minnesota has a branch of the American Planning Association. The one in Denver is the National Conference. The conference is for five days and is a more in-depth educational opportunity. Mayor Ristow asked ifthere would be more benefit to the city by attending this conference, than attending one here? Mr. Carroll replied there are three people handling planning, zoning, and redevelopment issues. There is enough in the budget to cover the City Planner and Assistant Planner going to the Minnesota function. If Mr. Carroll attends the National Conference, they have the benefit of having the department going to two different conferences, bringing back different information, and discussing it collectively. The information brought back could help to secure grant opportunities. The cost for the conference would come from the HRA budget. MOTION by Soderberg, second by Fogarty approving attendance at the American Planning Association National Conference for Community Development Director Carroll. APIF, MOTION CARRIED. j) City Attorney Reappointment - Administration Mayor Ristow asked Attorney J amnik regarding the rate schedule. There is a flat rate that has been charged with a slight increase in the criminal portion. When it is broken down by department, Mayor Ristow asked if Attorney J amnik was receiving the same flat rate per month plus additional charges. Attorney Jamnik replied no, the amount is billed the same no matter what department received service. The only thing that could be different would be a rate passed on to the developer for development review matters. However, there is no change in those rates, they were changed last year. The only change this year is an increase in the civil rate and the cumulative cap. Councilmember Soderberg asked about legal services included in the combined civiVprosecution retainer except criminal appeals, forfeitures of motor vehicles and weapons, and prosecution of ordinance violations and why these things were exempt. He understood criminal appeals could get costly, but asked about the other two exceptions. Attorney J amnik stated the code violations would include a code enforcement or building code violation. The biggest exempt item is litigation, these are analyzed on a case by case basis. MOTION by Cordes, second by Soderberg approving reappointment of Campbell Knutson as City Attorney for 2003. APIF, MOTION CARRIED. Council Minutes (Regular) February 3, 2003 Page 5 m) Approve Bills Councilmember Cordes asked for a clarification as to why there is a mileage reimbursement for $181.08 for Councilmember Soderberg. Councilmember Soderberg stated he went to the legislative conference for Experienced Elected Officials in Grand Rapids. The conference was held in three locations, however this was the only one he was able to attend. There were two full days of meetings with other Mayors and Councilmembers. Mayor Ristow stated he understood the excuses that there are time commitments. However, he stated he attends a lot of conferences at certain places and does not charge the taxpayers for expenses. He burdens the cost. However, that is Councilmember Soderberg's will and thought if it was a benefit to Councilmember Soderberg he could have gone to the conference in St. Louis Park. So Mayor Ristow stated he would not be supporting the reimbursement. MOTION by Fogarty, second by Soderberg approving the bills. Voting for: Cordes, Fogarty, Soderberg. Voting against: Ristow. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) December 31, 2002 Preliminary Financial Report - Finance Staff presented preliminary pre-audited numbers for 2002. The audit will be done in March. Revenues are 103.95% of revised budget numbers. Revenues exceeded budget by approximately $230,000. Expenditures are 102% of budget. There is an increase to the fund balance in the amount of $483,000. The fund balance at the end of 2002 is $2.4 million or 41 % of 2003 expenditures. b) Adopt Resolution - Middle Creek 6th Addition Development Contract - Engineering The 6th Addition is a cul-de-sac containing 10 lots, just south of the former Wilson property. Conditions of approval of the development contract are: 1. the Developer enter into the agreement 2. the Developer provide the necessary security in accordance with the terms of this agreement; and 3. the Developer record the plat with the County Recorder within 6 months after City Council approval of the final plat. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R5-03 approving the execution of the Middle Creek 6th Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. c) Charter Communications - Administration As of February 1, 2003, Charter Communications will be offering service for high definition TV. Mayor Ristow asked ifthere were any other offerings for cable Council Minutes (Regular) February 3, 2003 Page 6 service? Administrator Shukle stated the city has a franchise agreement with Charter. Direct TV would be another option for residents. Attorney Jamnik stated he did not know of any city in Minnesota that had two cable franchise operators. Minnesota has one ofthe lowest cable subscriber rates. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution - 2003 Seal Coat Project - Engineering The 2003 Seal Coat project is the tenth project in the city's seal coat program established by the city in 1994. The seal coat program is implemented in a seven- year cycle. The streets in East Farmington 5th and 6th Additions, Charleswood 2nd Addition, Nelsen Hills Farm ih Addition and Euclid Street between Euclid Path and Upper 183rd Street West are to be seal coated for the first time this year. The streets in Dakota County Estates 6th through 8th Additions, Sunnyside Addition, Oak Street between 2nd Street and 4th Street, 3rd Street between Elm Street and Spruce Street and the municipal pool parking lot are scheduled to be seal coated this year. The total estimated project cost for the 2003 Seal Coat project is $91,050. The city's special assessment policy indicates a 50/50 cost sharing split between the City and the benefiting properties for seal coat improvements. The estimated assessment based on the estimated project costs and the city's special assessment policy is $65.04 per residential equivalent unit. MOTION by Cordes, second by Fogarty adopting RESOLUTION R6-03 receiving the feasibility report, authorizing the preparation of plans and specifications and scheduling a public hearing for March 3, 2003. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Soderberg: He attended the first meeting of the year for the ALF Ambulance Board with the new appointees. He will continue to serve as an alternate for Farmington. The rotation for chair fell to Farmington, so Councilmember Soderberg accepted the position. Prior to ALF's existence the cost for ambulance service was $3/capita. It is now at $.50/capita. In listening to the citizen comments, conversations, letters, phone calls, the citizens are wondering if there is a litmus test for Council appointment, ifthe Mayor or Councilmember Cordes have an idea or action in mind that someone would engage in prior to making them a qualified candidate. Mayor Ristow stated he has none. He is going by past practice. Councilmember Soderberg stated there seems to be a lot of questions. He knows they have stated they do not have a particular candidate in mind. Councilmember Cordes: Regarding the mileage reimbursement for schools and conferences, for city staff Council approves their attendance. She doesn't think Council should be an exception. She would like a policy adopted that if a Councilmember attends a conference, it is approved by Council. Mayor Ristow thought there was a policy. He stated in the past Council has approved Councilmembers attending a conference. Finance Director Roland stated in the past six years she has not seen that happen. The previous City Administrator would offer Council the opportunity to attend conferences, and she Council Minutes (Regular) February 3, 2003 Page 7 did not believe that ever appeared on the Council agenda. However, staff could put the policy in place if Council wishes. Mayor Ristow suggested staff check to see if a policy is in place before establishing a new policy. Councilmember Soderberg stated this is the third conference he has attended. Councilmember Cordes stated she has also attended conferences and does not recall having them on the agenda. She felt since Council is made aware of conferences for city staff, it would be a good policy for Council also. Councilmember Fogarty: Attended the Chamber of Commerce Board Meeting. Administrator Shukle and Community Development Director Carroll gave a nice presentation and thanked them for that. Glen Anderson was nominated the Business Person of the Year and Frontier Communications as Business of the Year. Council received a report from MnDOT regarding Akin Road and wanted to discuss how to share the information with residents. City Engineer Mann: Regarding the Akin Road letter, he asked Council how they would like to review it, and whether to place it on the next agenda. There are some alternatives offered in the letter and a request by MnDOT as far as Council action in regard to setting the speed limit. MnDOT's study showed they found warrants to make the speed limit from Pilot Knob Road to 195th Street 45 mph. From 195th Street to Hwy 50 to keep the speed at 50 mph. However, they also offered an alternative knowing the area along Pine Knoll meets the urban district definition, MnDOT would be willing to extend the 45 mph limit to Eaves Way, if the Council would give assurances the urban designated district would not be posted at 30 mph. Council felt this should be discussed at the next Council meeting. Mayor Ristow: Received an e-mail from a student regarding a teen center. He thanked Park and Recreation Director Distad for addressing the request. Councilmember Soderberg stated at the last meeting Councilmember Fogarty asked about the Council interview process being televised. It will be broadcast live. Mayor Ristow asked what that was based on. Councilmember Soderberg stated Councilmember Fogarty asked about it at the last meeting and Council reached a consensus so staff checked into it. Councilmember Cordes asked Attorney Jamnik since it is considered an interview, if there was any data privacy issues. Attorney Jamnik replied generally not. The data practices act distinguishes between applicants for a city employment position or city office before they are finalists and after they are finalists. Before they are finalists the information is private. Once the decision is made to interview them, the information is public. Mayor Ristow stated he doesn't object to it, but is it cost effective, and are we doing it for the boards and commissions also? Councilmember Fogarty stated her concern was the amount of public interest there has been in this issue. She has not heard it so much for boards and commissions. Mayor Ristow stated if a precedent is set it may need to be done for boards and commissions. Councilmember Soderberg stated he does not know if it sets a precedent for Council interviews or not. The community has a huge interest in this particular circumstance and felt it was a good suggestion. Mayor Ristow stated he is not disagreeing, he is concerned if there is additional cost or if it is included in the franchise? Attorney Jamnik stated there may be additional cost for staff to operate the system, but in previous years there wasn't this capability. Council may want to consider after this process if the candidates were uncomfortable or there was a strained atmosphere because it was broadcast live, Council may want to consider if those Council Minutes (Regular) February 3, 2003 Page 8 interviews should be broadcast. Councilmember Cordes asked because some candidates may be uncomfortable, can we ask them ifthey are comfortable being interviewed on camera, can we have that option for them? Attorney Jamnik stated that is at the discretion of the Council. It has not been an issue for Council positions, because applicants realize Council Meetings are broadcast live on cable. It is slightly different when talking about yourself in an interview process rather than in a business meeting, but generally there hasn't been a problem. There has been more of a concern with Council's broadcasting interviews for commissions and other task forces, which generally do not broadcast meetings. Mayor Ristow stated there are some candidates who are already familiar with the system and have been on TV. Councilmember Cordes stated she would like to give them the option of being on camera, and if they are uncomfortable shutting the camera off for that amount of time. Councilmember Soderberg stated if someone is uncomfortable at a Council Meeting, we do not shut the camera off. Councilmember Fogarty stated if they are going to be on Council, they will be on TV every two weeks. Councilmember Soderberg stated it is no different than standing at the podium and speaking during citizen comments. Mayor Ristow stated a letter has been received from Mr. David McKnight withdrawing his name. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:18 p.m. APIF, MOTION CARRIED. Respectfully submitted, . ';. 7t:"7 &;2Y/ /'~"', .' .- ....- ....-~.., d;7/J'''-'zAid._~ ??? K- / ~~j Cynthia Muller Executive Assistant