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HomeMy WebLinkAbout02.10.03 Special Council Minutes COUNCIL MINUTES SPECIAL February 10, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 5:00 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 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 W orks/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Nick Roberts, John Fortney, Todd Larson, Jeff Krueger, Kim Soderberg, Ben Barker, Randy Oswald 4. APPROVE AGENDA MOTION by Soderberg, second by Fogarty to approve the Agenda. Mayor Ristow stated, on Saturday we discussed a couple concepts. His intent with the concept was different ways we were going to do things. He thought about it and out of all due respect for the nine candidates, he felt the best way to do it was to come up with one candidate. He didn't think it was appropriate to put it on a list. Ifwe want to write one candidate down each and turn it into Joel, that is fine. He felt out of all due respect, he did not want to debate a higher level and lower level. He thought it was fair to tell all the candidates they are at one level. At the end of the day we have to pick one, so just to give you my intentions that is what I would like to see. Councilmember Soderberg stated the idea is to come up with one candidate. To end up with one, he would like to see the Council be united on that candidate, whatever candidate that is. To winnow the field down, was the idea behind the suggestion made on Saturday, so we do not have to be here and put one candidate forward and debate whether or not that is a good candidate, or why I don't like this particular candidate. I want to keep it positive. So the idea was to put forward a number of candidates because all of us have said we are not locked into a single candidate. If that's true, then let's put forward a couple of candidates. We can change the number, but I think we need to put forward more than one to pare the field down. Five was the number that was agreeable to everyone on Saturday and it certainly will identify some candidates all of us can live with, that all of us can agree on. Council Minutes (Special) February 10, 2003 Page 2 Mayor Ristow stated he was agreeable to leave and think about it and watch the film. I watched it four times. Our City Attorney pointed out you will have a higher class and lower class and I'm not going to do that. They are all good candidates. I would like to see them all have a seat, but we only have one seat. The bottom line is, at the end of the day we are only going to appoint one. Councilmember Soderberg stated that is true. All I want to do is winnow it down. Councilmember Cordes stated she also watched the tape over and over again. It was kindly broadcast numerous times. Going through my notes and able to watch the rebroadcast ofthe interview I thought about it too over the weekend. I have my one candidate. If the rest of you agree with that, fine, if not, that is fine. I don't want to be in the position of pointing out strong or weaker points of people, that is not what I do, and I don't want to do that. I have my one candidate. I am more than happy to turn it in. If it is agreed upon fine, if not, I am ok with that. Councilmember Fogarty stated she is confused as to where we will go if we don't agree on that first candidate. Mayor Ristow stated we could start with nominations. If you want to turn it in on paper, or say it out loud, it doesn't matter to me. I'd just as soon say it out loud and get it over with. Let's cut to the chase and get this thing over with. It's been long enough. People are waiting for a representative. Councilmember Soderberg stated what he is hearing is that you are locked into one candidate. Mayor Ristow replied no, I'd like to see all nine of them, but we can't. We need one candidate. There is no higher level, there is no lower level, they are all good candidates. Councilmember Soderberg stated by putting forward three, four, or five, doesn't make one candidate higher or lower. I'm not suggesting we make an order of preference. We had agreed to it on Saturday that this was a process we would use to thin the field down. Mayor Ristow stated we would look at it Saturday. Councilmember Soderberg stated it was a process we agreed to. Councilmember Fogarty stated it is a process we agreed to. Ifwe want to change the process, I'll respect that, and we can change the process. But - I want to make sure I'm understanding you clearly. You've decided that there is one candidate you would like to appoint, both of you. Mayor Ristow and Councilmember Cordes agreed. Councilmember Fogarty stated if we disagree, I'm confused. Is there another candidate you would both find acceptable, or is that it? There is only one candidate that you will discuss and no one else you're saying is acceptable. That is what we're trying to decide that if we don't happen to agree, four of us or three of us, that this one person should be appointed, what next? Does that mean that no one else is acceptable to the two of you, and no one else is open for discussion? Councilmember Soderberg's suggestion of cutting it down to three would at least give us an opening and maybe there is one candidate three of us would agree on. Maybe there is one candidate four of us would agree on if we open it up to at least two or three choices versus one. We may have a very hard time, if we each put in one, of all of us agreeing. So I am understanding, we have one person and no one else is acceptable to you? Mayor Ristow stated that is what it will end up at the end of the line. Weare going to come up with one candidate. Weare not going to come up with four, five, three, or two. Councilmember Fogarty stated she understands that, but you haven't answered my Council Minutes (Special) February 10, 2003 Page 3 question. Is that what I'm understanding is that there is one candidate you find acceptable and the rest you do not want to appoint, period. Mayor Ristow stated I want to cut to the chase, let's get it over with. Councilmember Fogarty asked Councilmember Cordes if she was feeling the same way and no one else is even going to be discussed? Councilmember Cordes stated she made it very clear. If you three agree on someone else, I'm fine with that, but I have one candidate that I support. Councilmember Fogarty stated then there is no other point in submitting one name or saying one name, because if you two are not going to consider any of the other eight candidates acceptable, then you're right. Then we'll just cut to the chase. Mayor Ristow stated let's get this over with. APIF, MOTION CARRIED. S. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appointment of Councilmember Mayor Ristow asked do you want to have a nomination, or write it down, or what do you want to do? Councilmember Cordes stated she would make a motion. Mayor Ristow stated ok, I am open for nominations. Councilmember Cordes stated I make a motion to appoint Mr. Bill Fitch as Councilmember to fill the vacant seat. MOTION by Cordes, second by Ristow to appoint Mr. Bill Fitch as Councilmember. Voting for: Ristow, Cordes. Voting against: Fogarty, Soderberg. MOTION FAILED. Mayor Ristow asked Attorney Jamnik to read what happens in the case of a tie, in case anyone doesn't know according to Minnesota State Statutes. Attorney Jamnik stated under Minnesota Statute 412.02 in the case of a tie, the Council is deadlocked on the appointment, the Mayor makes the appointment. Councilmember Soderberg stated so we have eight other candidates and we are not going to consider any of those eight? Mayor Ristow stated I make the appointment. We're deadlocked. Councilmember Soderberg stated we are not deadlocked, we have eight other candidates. Mayor Ristow stated we have a tie to break. Councilmember Soderberg stated we have eight other candidates. Mayor Ristow asked Attorney Jamnik, what is the protocol? Attorney Jamnik stated it is really for the Council to decide whether you want to go through another eight motions and deadlock two-two on each of them, but eventually as you go through those motions and you remain two-two, then the statute will be operable, if the Council wants to do that. This motion did not pass. There are another eight candidates that could potentially have motions if you want to go through that. Mayor Ristow asked if there are any more nominations. MOTION by Soderberg, second by Fogarty to nominate Joanne Payne. Voting for: Fogarty, Soderberg. Voting against: Ristow, Cordes. MOTION FAILED. MOTION by Soderberg, second by Fogarty to nominate Todd Larson. Voting for: Fogarty, Soderberg. Voting against: Ristow, Cordes. MOTION FAILED. Council Minutes (Special) February 10, 2003 Page 4 MOTION by Soderberg to nominate Nick Roberts. Mayor Ristow called for a second. Councilmember Fogarty stated she is not going to playa game. Motion died for lack of a second. MOTION by Soderberg to nominate Randy Oswald. Motion died for lack of a second. Councilmember Soderberg stated it seems to me Mr. Mayor that you have made up your mind, that you have deceived the entire city repeatedly in that you did not have a candidate in mind. Both of you have made numerous statements that there was not a single candidate that you had in mind for that appointment. Councilmember Fogarty pointed out Bill Fitch did not follow protocol on Saturday, he really didn't. Mayor Ristow said so what do you want me to do about it? Councilmember Fogarty stated I disagree completely that you would want to appoint someone who couldn't follow simple protocol. We asked four things from our candidates. We asked them to fill out an application, attach a resume, have it in by the 31 st of January, and show up at 8:00 on Saturday. Mayor Ristow asked staff if there were any calls from anyone on Saturday and if they all agreed they would be there at 8:00. Staff replied Bill Fitch stated he had something else he had to attend and would be here as soon as he could. There was one other candidate who also said they could not be here until 9:00, but did make arrangements to be here at 8:00. Mayor Ristow asked if Councilmember Soderberg had any more comments. Councilmember Soderberg stated obviously you have chosen to deceive this city and you are going to do whatever it is you want to do. Mayor Ristow stated that is your opinion. I don't look at it that way. Councilmember Soderberg stated it is my opinion and I would venture to guess that it is the opinion of everyone that has watched the proceedings since back in October. You have told the viewing audience and you have told the audience in attendance, and you have told people in private that you don't have an agenda and you don't have a particular candidate in mind. Mayor Ristow stated and I don't. Councilmember Soderberg stated you just lied to me again. Mayor Ristow stated don't call me a liar. Councilmember Soderberg stated you just lied. Mayor Ristow stated I'm not lying. You sat here and you asked nine candidates, you wanted independent thinkers. Councilmember Soderberg stated that's right. Mayor Ristow stated ok, I'm an independent thinker. You're not going to change my mind. I heard candidates out there say I'm going to do it, we may not have an agreeable Council, but this is the way it was. We took the candidates, they're there and we had to choose from them and that's what I'm doing. Councilmember Soderberg stated the public can see you for what you are. Mayor Ristow stated you're exactly right. You have your opinion and I have mine. Councilmember Soderberg stated you have actually driven a rift into this Council that will not be healed. Councilmember Cordes stated I don't think this has driven the rift, that's all I'm going to say. Councilmember Soderberg stated it certainly has. I attempted to bring it together Council Minutes (Special) February to, 2003 Page 5 to find some consensus here and you absolutely refused. Councilmember Cordes stated after you tore it apart. Ok, Jerry, make the appointment. Mayor Ristow asked Attorney Jamnik ifhe has any other suggestions. Attorney Jamnik replied, no, Mayor, it would be appropriate at this time for you to make the appointment. Mayor Ristow asked ifhe needed to do it in writing according to statute. Attorney Jamnik replied no, just state it into the record and the appointment would be valid. Mayor Ristow appointed Bill Fitch to serve the term of the vacant seat. Attorney Jamnik stated Mr. Fitch will be eligible to take the Oath of Office at any time. If he wants to take it before the next Council meeting, that would be appropriate, or he can take it at the next Council meeting. But he does have to take it before he sits at the Council table. Mayor Ristow stated ifhe refuses, then we go to something else, correct? Attorney J amnik stated that is correct. b) Set Board and Commissions Interview Date - Administration The interviews were set for Saturday, February 15, beginning at 7:00 a.m. There are 26 applicants for the various seats. The last one would be at 1 :30 p.m. Councilmember Soderberg stated he would have to leave before the end of the interviews. 6. CITIZEN COMMENTS Mr. Jeff Krueger, 5324 186th Street, stated he thought this whole process stinks. I think you two ought to be ashamed of yourselves. If you had any type of self-respect or any conscience. . . Mayor Ristow stated you are out of order. Mr. Krueger replied no, I'm not. Mayor Ristow stated according to our by-laws, I don't have to sit here and take that. Y ou're out of order. So please take your seat. Mayor Ristow asked Attorney Jamnik if he was correct. Attorney Jamnik replied it is the ruling of the chair. Mayor Ristow stated he is not going to sit here and take that. Mr. Krueger asked how am lout of order? Mayor Ristow stated you are out of order. We have a set of by-laws. Mr. Krueger stated you told nine people that we had an opportunity to be in this, and you didn't give a crap about anyone of us. Mayor Ristow stated you are out of order Mr. Krueger. Dan, (Police Chief Siebenaler) do you want to. . . Mr. Krueger stated I'll sit down, Dan. Mr. Nick Roberts, 5597 180th Street W, stated if the city knew one person wasn't going to make it until 9:00, it would have been fair to everyone, that everyone postpone the starting date to 9:00. Whether someone had something going on or not, who knows? But because of the sensitivity of this whole process, it would have been more fair for everyone to start the interviews at 9:00. I understand schedules come up but I think that would have been the fair and right thing to do for everybody. 7. COUNCIL ROUNDTABLE Council Minutes (Special) February 10,2003 Page 6 8. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 5: 17 p.m. APIF, MOTION CARRIED. Respectfully submitted, /) .-A4'!' ~ /,Y/~f{t:/ L<-{,d~ce.. ' ~/ (/ Cynthia Muller Executive Assistant