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HomeMy WebLinkAbout03.15.99 Council Minutes COUNCIL MINUTES REGULAR March 15, 1999 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: Ristow, Cordes, Soderberg, Strachan, Verch None City Administrator Erar, City Management Team. Attorney Joel Jamnik arrived at 8:00 p.m. 4. APPRO VE A GENDA MOTION by Strachan, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Mr. Henry Iwerks - Meeting Minutes Mr. Henry Iwerks, 1105 Sunnyside Drive, thanked staff for their assistance with Council Minutes and made several comments regarding the Fire Department. 7. CONSENT AGENDA Item 7 a was pulled as Councilmembers Cordes and Verch had to abstain from voting on the Workshop Minutes of February 23, 1999. MOTION by Soderberg, second by Cordes to approve the Council Minutes of March 1,1999. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg to approve the Workshop Minutes of February 23, 1999. Voting for: Ristow, Soderberg, Strachan. Abstaining: Cordes, Verch. MOTION CARRIED. MOTION by Cordes, second by Verch to approve the Consent Agenda as follows: b) Approved appointment recommendation - Police Department c) Approved school and conference - Police Department d) Approved school and conference - Fire Department e) Approved private development street cleaning contract f) Adopted RESOLUTION R22-99 accepting lease agreement - Pilot Knob Liquor Store g) Adopted RESOLUTION R23-99 approving reimbursement of expenditures - 1999 projects Council Minutes (Regular) March 15, 1999 Page 2 h) i) Adopted RESOLUTION R24-99 accepting donation - Senior Center Adopted RESOLUTION R25-99 approving City donation to ISD 192 - fencing project j) Received information - gateway signage update k) Approved Cameron Woods senior living - preliminary plat time extension request I) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Amend Zoning Ordinance With the approval of the B-4 Neighborhood Business District amendment, there is a need to provide additional definitions to Title 10 of the Farmington Zoning Ordinance. Changes to definitions for "Neighborhood Services," "Personal Health and Beauty Services," "Light Manufacturing and Assembly," "Straight Trucks," and "Hospitals" were presented to Council. Councilmember Strachan asked who is responsible for enforcement of the code. Staff replied enforcement is handled by the Planning Department and if necessary, by the City Attorney. MOTION by Cordes, second by Strachan to approve the amendments to Title 10 of the Farmington City Code, Zoning Ordinance, concerning the definitions of Neighborhood Services, Personal Health and Beauty Services, Light Manufacturing and Assembly, Straight Trucks and Hospitals. APIF, MOTION CARRIED. b) 1999 Legislative Session - Proposed Annexation Legislation Several bills have been introduced in the current legislative session that would propose to change present laws dealing with annexation. The Annexation Election bill would re-instate elections in contested case annexations. The Return of the Minnesota Municipal Board would repeal the sunset of the Municipal Board bill which is scheduled to take place at the end of this year. The Limiting Annexation by Ordinance bill would restrict cities abilities to annex property that is 60 acres or less and petitioned by the owner. MOTION by Verch, second by Cordes authorizing the preparation of letters to the authors of the bills indicating the City's concerns and need for clarification to their proposed legislation. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Deer Meadows Project Feasibility The City Council held a workshop on February 23, 1999 to review the various issues related to the petition submitted by several residents in Deer Meadows 2nd Addition. The engineering staff presented information regarding improvements that could be installed to improve the drainage in the swale located in the backyards oflots 7-13, block 1. It is proposed that 8" perforated draintile pipe Council Minutes (Regular) March 15, 1999 Page 3 with inlet structures be placed within the City's easement located at the rear of lots 8 through 13, block 1. It is proposed that the drainti1e be installed beyond lot 11 to lot 8, so that as much water as possible can be intercepted by the proposed inlets and conveyed by the draintile before the runoff gets to lot 11. The proposed improvements will help transfer runoff to the storm sewer more efficiently and generally should help the area to dry out sooner after a rain event than currently occurs. However, water will still flow through the swale. All areas disturbed by construction would be restored and turf established with sod. All resident items such as fences, bushes, or other landscaping items that are in the drainage easement would need to be removed by the residents before construction and replaced by the residents when the project is complete. The total estimated cost of the project is $29,500. These costs would be funded from the Storm Water Utility fund. Councilmember Soderberg asked if the less than I % grade could be corrected with the draintile. Staff replied there may be some local areas where the grade might be improved between the inlets, but not significantly. MOTION by Soderberg, second by Strachan to adopt RESOLUTION R26-99 ordering the proposed improvements for Deer Meadows 2nd Addition. APIF, MOTION CARRIED. b) Appointment Recommendation - Fire Department At the February 16, 1999 Council meeting, Council deferred action on ratifying the appointment of Fire Chief Kuchera for a three-year term, pending the preparation of an approved job description. Ajob description identifying the essential functions and responsibilities for the Fire Chief has been prepared and approved by Administration. Relative to Council's adoption of the resolution of support regarding management expectations and position responsibilities identified within the position description, Administration is prepared to recommend Mr. Kuchera's appointment subject to his continued observance of the job description. Councilmember Soderberg stated in reviewing the job description and reconciling in his mind what the Council wanted, and listening to the tape of the February 16, 1999 Council Meeting, there was some concern about how the job description would impact the by-laws of the Fire Department. He stated at that time, as a point of clarification, the main purpose of the proposal that Councilmember Cordes made was to clarify the relationship between the Fire Chief, the Administrator, and the City Council, clarifying the Fire Chiefs responsibilities to the Administrator. He also added that is the purpose of the job description, not to impact the Fire Chiefs relationship to the Fire Department. Councilmember Soderberg felt the job description has gone beyond what Council's intended purpose was. Councilmember Cordes asked for examples of where the job description has gone beyond the intended purpose. Councilmember Soderberg stated Council's intended purpose was to clarify the relationship between the Fire Chief and the Administrator, not to have an impact on the Fire Chiefs relationship to the Fire Department. He identified several lines in the job description that are already addressed in the by-laws and the constitution. There are a number of things that also address the relationship between the Fire Chief and the Administrator. Councilmember Soderberg stated the sections containing Council Minutes (Regular) March 15, 1999 Page 4 responsibilities, qualifications, and education and experience go above and beyond what Council asked for initially, and that was a clarification of the relationship between the Administrator and the Fire Chief. Councilmember Cordes stated she also read the job description, the by-laws, the constitution, the code that the Council establishes, and as a Council they do have a right to develop, recommend and oversee the Fire Department's by-laws. She did not think the job description goes against the by-laws, but adds to it. The by-laws do not have to be amended by the adoption of the job description. The Council's policies supersede Fire Department by-laws. She stated she would like to see the by-laws amended to incorporate the job description, but they do not have to be. The Mayor asked if it would be confusing to the Fire Department to have two sets of orders. Councilmember Cordes stated when it says supervisory responsibilities it compliments the by-laws. When she discussed with the Fire Chief what it takes to be a Fire Chief, he expressed he would like to see some qualifications put on that position. Councilmember Soderberg stated he is not arguing that point. What Council asked for was to clarify and identify the relationship. While it does do that, it also adds to the by-laws. For example, under education and experience, what if in future years the Fire Department elects a Chief that has not beenyvith the department for five years or does not have seven years experience, and brings that to the Council for ratification. Councilmember Cordes replied, according to the job description, before he can seek election he needs to have this education and experience. Councilmember Soderberg replied this requires an amendment to the by-laws, because the by-laws are the overall governing policy of the Fire Department. Councilmember Strachan stated the police department has a set of policy statements and the Council has something else. Not everything is in one document. This job description is something else that needs to be followed. He was not sure this job description supersedes anything. The Attorney stated to the extent the job description is inconsistent with the by- laws, then an expression of Council support, and through the City Administrator as his job is to develop job descriptions, it would require a change in the by-laws. Councilmember Strachan asked if any of this was inconsistent with the by-laws. The Attorney replied, the only thing that is inconsistent with the by-laws is the by-laws are silent on what number of years of experience the Fire Chief must have. The education and experience requirements are also in the by-laws. The by-laws do not state a number of years for experience. Fire Chief Kuchera stated he is not disagreeing with the job description. However, he was not in support of the education and experience portion, and feels this should be a part of the by-laws, not in the job description. Councilmember Strachan asked if the Executive Board would then make the determination on education and experience required to be a Fire Chief. Fire Chief Kuchera replied Council Minutes (Regular) March 15, 1999 Page 5 the board would have some input on it, but it would ultimately be the decision of the 36 members of the Fire Department. Councilmember Strachan asked what if a six-month probationary firefighter runs for Fire Chief. Fire Chief Kuchera replied they do not have any voting rights for one year. After that time, they are eligible. City Administrator Erar stated it would be inconsistent with all the City's other job descriptions not to include years of experience and education in the job description. While the Fire Department is free to add this to their by-laws, City Administration personnel requires that job descriptions contain this information. Councilmember Cordes stated the job description states 7+ years, and asked what the Fire Department is looking for. Fire Chief Kuchera stated the department has not addressed it. There have been a number of questions from the firefighters about this portion. Councilmember Strachan asked if it was possible to make this part of the job description issued by the City to read, education and experience as determined by the board. Fire Chief Kuchera stated there is more to it than just putting it in the by-laws. The Human Resources Coordinator stated she and the Fire Chief did work on the job description and thought they came up with an accurate job description. One of the things she cautioned when looking at qualifications, and part of the reason she has a concern leaving the qualifications up to the Executive Board, is the employment laws that can be affected. Especially with the Americans with Disabilities Act and also Title 7 of the Civil Rights Act. Qualifications are needed to determine who is eligible for the position. If the qualifications are made too strict and adversely discriminate against a protected class, that is not appropriate either. She and the Fire Chief discussed the 7+ years to see if it would exclude anyone in the future who might want to be a chief. The Executive Board would need to make sure the qualifications are legally compliant with the employment laws. Councilmember Soderberg asked if the by-laws and the constitution the way they are now with this job description, comply with the employment laws. The Human Resources Coordinator replied the by-laws and constitution do not have specific qualifications. She stated she and Fire Chief Kuchera worked very hard on the job description to be accurate and to take into consideration what the Fire Department's needs were and what City Administration needs were. Councilmember Soderberg stated his earlier comments were not meant to say he is in disagreement with the job description. It is much more than Council asked for. Councilmember Strachan asked if both bases could be covered by saying education and experience in this job description is determined through the by- laws of the Fire Department, which they can do through their process, but then how do we make sure it is legally a good job description? At the review point once the by-laws have been passed? Someone has to author the by-laws change. Should the Human Resources Coordinator review it at that point? He feels the Council Minutes (Regular) March 15, 1999 Page 6 Fire Department can determine education and experience that is legally defensible. He wants to make sure the City is covered legally through the Human Resources Coordinator. Perhaps after authorship, Human Resources can review the by-laws amendment to make sure it is consistent with goals. Councilmember Cordes stated, so after the Fire Department votes on the by-law amendment, whatever they vote on, if it meets state and federal labor laws, would then be incorporated. But the education and experience would remain in the job description as stated in the by-laws. City Administrator Erar stated the job description has already been approved administratively per the City Code per the City Administrator Ordinance. He cautioned Council they are essentially turning over the development of a job description to a City department to make a determination on education qualifications. That is highly irregular. It sets a stage for other departments to make that same determination relative to what they want in terms of specific criteria. That is why you have personnel and Administration to make those judgements. The action was to adopt a resolution of support of the approved job description. The job description has already been approved through Administration. That is the way it works for all job descriptions throughout the City. He does not object to allowing the Fire Department to amend their by-laws consistently with the job description. If the amendment is different, it can be brought back to Council and if Council makes that determination as an ordinance, that can be written into the job description. Fire Chief Kuchera stated the job description has been prepared for Council's review. What he was hearing was that Council has no input on the job description. It was his understanding Council has a right to input on the job description. City Administrator Erar replied the job descriptions are administratively developed consistent with state and federal employment laws and the requirements of the organization and City ordinances. That is the process that is followed by every other City position within the organization. Fire Chief Kuchera then asked if Council does not have the authority to make any changes to the job description. The City Administrator replied Council has the authority through the by-laws that would come back to have that effect on the job description. The Fire Chief stated what he was understanding that if the Fire Department chooses a different number of years in education and experience, that is brought back in the form of a by-laws amendment that would be in the job description. City Administrator Erar stated the job description presented was the product of conversations between the Fire Chief and Human Resources. He did not change anything relative to years or anything. If the by-laws come back and they meet with the administrative approval of Human Resources and in review of employment laws they can be incorporated in the job description if Council approves the by-laws amendment. Council Minutes (Regular) March 15, 1999 Page 7 Councilmember Cordes stated Human Resources has done research in accordance with state and federal labor laws and if a recommendation comes back from the Fire Department and if Human Resources cannot substantiate those years, it may remain as is. MOTION by Soderberg, second by Strachan to adopt RESOLUTION R27-99 in support of the Fire Chief job description regarding position expectations and responsibilities. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch to ratify the appointment of Mr. Kuchera as Fire Chief subject to position expectations and responsibilities as identified within the approved job description. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Council Meeting Minutes - Transcription Process Council agreed to contact Administration prior to the Council meeting regarding any questions on the meeting minutes. b) MUSA Application - County Road 72 Project During the public hearing that was held on the County Road 72 project, a question was raised about the houses that currently are in the City but are on private septic that would possibly be served by the new sewer line as well as the vacant lots. Met Council suggested staff file a Comprehensive Plan/MUSA expansion application with them. Staff proposed to schedule a Planning Commission hearing in April to make a recommendation. This would be forwarded to Council in May. If Council approval is received, it would be forwarded to the Met Council. The Mayor asked if the two properties not in the City would be stubbed in later? Staff recommended stubs be made for those properties as the City cannot petition for MUSA as the properties are outside of the City. Councilmember Soderberg: Asked when the Council Goal Setting Workshop will be held. Staff replied it was scheduled for April 10, 1999. The workshop was rescheduled for April 24, 1999, from 9:00 - 3:30 p.m. City Administrator Erar: The Cable TV Franchise Agreement will be brought to Council at the next meeting. The capital grant issues have been worked out. The grant is for $60,000 for the first year for the underwriting of camera and video equipment for live broadcast. The equipment should be in late July, early August. Finance Director Roland: With the new equipment, the budget would be on video to the community as well as the preliminary tax levy hearings. Community Development Director Olson: Reminder ofthe Joint Planning Commission workshop Wednesday at 7 p.m. Council Minutes (Regular) March 15, 1999 Page 8 Mayor Ristow: A fax was received from Congressman Luther's office that Farmington has been awarded $75,000 to fund an additional officer as part of the COPS program. The Mayor received a letter from Mr. Dale Pettet of Pine Knoll regarding concerns about the pond by his house. He asks Council amend the ordinance to not allow any motorized vehicles on the pond. In the past, Council has met with state representatives and other community people to keep in communication with them. He would like to invite them to hear their input. Staff asked if the Mayor would like them to come to a communications workshop or a Council Meeting. Councilmember Strachan suggested staff find out available dates for all three representatives to attend a workshop. Calls are starting to come in regarding train whistles. Staff replied Council adopted the ordinance and the railroad said they would not comply with respect to FRA rules. City Attorney Jamnik stated the railroads have decided industry-wide notio comply with the ordinance. Staff suggested the item be put on the Council agenda as a legal opinion from the City Attorney and invite the FRA to the meeting. Council can make a determination on how to enforce the ordinance. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7-Z~~ ?P?Lt:~~ Cynthia Muller Executive Assistant