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HomeMy WebLinkAbout02.16.99 Council Minutes COUNCIL MINUTES REGULAR February 16, 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, Attorney Andrea Poehler, City Management Team 4. APPROVE A GENDA MOTION by Strachan, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Coreen Hoeft, Congressman Luther's Office - Train Whistles Ms. Hoeft gave a presentation regarding train whistles. She cited the Swift Act which states train whistles must be sounded at crossings except where there is no significant risk to people. She gave examples of some supplemental safety devices which now exist. Council was informed that Union Pacific is not complying with St. Paul's whistle ban. Mr. Henry Iwerks inquired if the Council met with the railroad, was an agreement reached and why was the railroad not complying? Ms. Hoeft replied the City did not get the agreement it wanted. 6. CITIZEN COMMENTS Mr. Henry Iwerks, 1105 Sunnyside Drive, stated he did not want to embarrass anyone on the Council although it involves a Councilmember. Someone came to his door at noon on a Sunday, running for Council. The first question asked was, what do you think about the new City Administrator? And Mr. Iwerks asked is that an issue? And he said yes, it sure seems to be. Mr. Iwerks asked if it was coming from City Hall, and the candidate agreed. He stated Council needs to be careful of what they fall for and hear. He noted the last item on the agenda, and stated it was politics to place this item last. He said any corporation has rules or by-laws and these rules need to be followed. Regarding committees, he read in the last Fannington Update about the need to fill vacancies on the Council Minutes (Regular) February 16, 1999 Page 2 committees. He stated these members do not make policies, they make recommendations to Council. a) John Engrav - Stop Sign Concern At the February 1, 1999 Council Meeting, a request was made for a stop sign on Elm Street between Burger King and City Center. Staff sent a response to the citizen. 7. CONSENT AGENDA Item 7a) Council Minutes of February 1, 1999 were pulled to reflect Mayor Ristow had abstained from voting on approving the Minutes of January 19, 1999 as he was absent from that meeting. MOTION by Cordes, second by Soderberg to amend the February 1, 1999 Council Minutes. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg to approve the consent Agenda as follows: b) Adopted ORDINANCE 099-422 amending City Code - Heritage Preservation Commission c) Adopted RESOLUTION R12-99 capital outlay purchase - Parks and Recreation Department d) Approved school and conference request - Fire Department e) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - County Road 72 Project The Council accepted the feasibility report for improvements to County Road 72 at the June 15, 1998 City Council meeting. The project has two parts; a reconstruction part and a new construction part. The reconstruction part encompasses the existing roadway from Trunk Highway 3 to the easterly Hospital property line. The proposed improvements for this section include reconstruction of the roadway, installation of storm sewer, installation of sanitary sewer and installation of water services. The new construction part is in the area of the existing gravel roadway located between the easterly Hospital property line and the easterly City limits. The proposed improvements include roadway construction along with storm sewer, sanitary sewer, water main and related costs. Assessments to benefiting properties were discussed. Councilmember Strachan inquired as to if the trees along the bike path could be avoided. Staff will do everything they can to avoid the trees. A meeting will be held to address residents concerns. Councilmember Cordes asked if it is possible to eliminate the sidewalk and move the bike path to the South side of the road and just have one path? Staff replied that is an option. However, the hospital has residents that utilize the sidewalk. Staff is also trying to be consistent with East Farmington. Councilmember Cordes asked if the $1,050 SAC charge would be included in the assessments or an upfront charge. Staff replied it is a one time charge paid upfront. Mayor Ristow inquired as to hardship cases. Attorney Poehler replied Minnesota state law has provisions for hardship cases. Council Minutes (Regular) February 16, 1999 Page 3 Mr. Brad Bauer, 3273 213th Street, was concerned with road elevations. The road is higher than the foundation of the house with a ditch in between. He wanted to make sure the road did not drain toward the house. He was also concerned about the bike trails in the right of way. He wanted to know what is the right of way from the center of the road. Staff replied it is 33 feet from the center line of the road on the north side of the road. He also supported a sidewalk on the south side of the road. During the design phase, he would like to have good notice of neighborhood meetings. Staff replied they will meet with each individual property owner to make sure their needs are met during the design phase. Ms. Jill Franke, 3359 213th Street, stated progress will happen, but at the expense of the residents. The city is dealing with the contractor sufficing their needs. In her opinion the contractor should pay for the whole road, and the residents pay for the sewer hook up. She doesn't believe if she sells her house, she will get an extra $9,300. She was also concerned about the bike trail. If there is a sidewalk on the south side, why do we need a bike trail on the north side? She was also concerned about losing trees in the front yard. Councilmember Strachan asked if it was possible to put the bike trail adjacent to the road. Staff replied that would involve widening the road, which would involve more cost. Staff replied the benefit to the property has been determined by the appraiser. The Mayor replied the appraisals were done by Precision Appraisers. Ms. Elaine Schultz, 3403 213th Street, asked if the road would be turned over to the City and if the road work, sewer, and bike trail were being pushed by Bristol Square and East Fannington? Would the road be done with just the current residents and not including the new construction sites? Staff replied when a developer comes in, he will need to build a road for the development. At this time we have an opportunity for the county to turn the entire road back and pay for a portion of the costs. For several years the county has indicated a desire to turn the road over to the City. This road could stay as it is today. However, we have an opportunity to have county funds help us reconstruct the road. Ms. Schultz asked what is the purpose of the 3 manholes on the north side, which they were told they would hook up to. She stated Mr. Kaldunski had told residents these manholes were to hook up residents. Staff replied it appears there was an option, however no documentation is available saying the residents were promised this and it is difficult to address previous decisions. Ms. Schultz also stated this would not increase the value of her home by $9,300. She believes the sidewalk should be on the south side because the senior high rise people could use the sidewalk. The Mayor stated the $9,300 is not just for the road, it is also for the storm and sanitary sewer. The County is paying 55% of the road cost upfront. Ms. Schultz questioned the location of the bike trail on the north side. Staff replied the trail will run along the properties on the north side and cross the road, meeting with the proposed trail along the Prairie Waterway. Council Minutes (Regular) February 16, 1999 Page 4 Ms. Franke stated when an earlier survey was done, the houses were moved west to east. The current survey has moved everything east to west. She questioned the accuracy ofthe survey. The survey shows their house sits on the property line. Staff replied this is not a boundary survey. Mr. Henry Iwerks, 1105 Sunnyside Drive, stated it was implied that a certain appraiser was licensed. It is his understanding that all appraisers are licensed. There are three different types of licenses. Was the appraiser used put out on bid? The Mayor replied the appraiser has been used in the past and he came in the lowest. Staff replied the appraiser has been used many times by the HRA and the City and is certified under state requirements. Mr. Bauer asked if the bike trail was included in the $9,300 assessment. Staff replied yes. He then asked if the width of the new road would be the same as it is now. Staff replied yes. He asked if the City will maintain the bike trail? Staff replied they will need to check with the Parks Department. MOTION by Strachan, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. Councilmember Strachan felt this is a necessary project and we have a half a million dollars available from the County that will not be here forever. The project will never be cheaper. We need to find a way to work with the residents and Park and Recreation to have the sidewalk on the south side. Councilmember Soderberg also agreed the project is necessary. The County's participation is a strong motivation to move forward. The Mayor asked if the County was mandating the City to have the bike path? Staff replied no. Councilmember Cordes asked what is the time frame for reconstruction? Staff replied it depends on the actual amount of traffic. Possibly within five years. She then asked if this portion of the road were not completed, could the storm sewer be put in the portion being done by the developer? Staff replied that could be done. Councilmember Cordes was in favor of looking at eliminating the bike trail. The Mayor stated the project is listed in the County CIP. If the project does go away, we could end up with the same concerns as Ash Street. Once, it is gone, it is not an easy task to bring it back. If the City cannot show benefit, the City cannot charge more. At the completion of the project, there is an assessment hearing and at that time anyone can request a hearing contesting the assessment. MOTION by Strachan, second by Soderberg to adopt RESOLUTION R13-99 ordering the project and authorizing the preparation of plans and specifications and specifying the bike trail as an alternate. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) City Towing Contract Award The City has advertised a Request for Proposals for towing services in compliance with statutory requirements. No complete proposals were submitted, so the RFP was re-advertised with a deadline of February 5, 1999. The City received three proposals. One proposal was submitted in full from Starr Auto. The rates reflect Council Minutes (Regular) February 16, 1999 Page 5 a 280% increase in fees. Council can either accept the bid from Starr Auto for a three year period or reject the bid and re-advertise. Councilmember Cordes stated when it was proposed to re-advertise, she specifically asked if a certain towing company would be able to obtain their conditional use permit. All indication was that they would have time to do it and the deadline was set. Starr Auto has met the requirements and Councilmember Cordes felt Council needed to approve them. Councilmember Strachan asked if there was an out clause as far as response time. Staff replied the contract has a 30-day out clause if performance proves unsatisfactory. MOTION by Cordes, second by Verch to approve the contract with Starr Auto and to notify Dakota County Towing of the City's intent to terminate the current contract. APIF, MOTION CARRIED. 12. NEW BUSINESS This item was moved up to accommodate the audience. a) Defer Action on Personnel Appointment A memo was presented to Council formally requesting that Council defer personnel action on the re-appointment of Fire Chief Kuchera until March I, 1999. In review of this matter with the City Attorney, Council will also need to consider performance data, disciplinary actions and other related personnel information in situations where a personnel recommendation is not forthcoming. In this specific situation, Administration is not prepared to provide Council with a recommendation until a formal review of Mr. Kuchera's personnel data is performed by Council. Councilmember Cordes read a statement she prepared. She suggested the Fire Chief and the Human Resources Coordinator work together to develop a job description and specific recommendations on any other mutual issues and expectations. Once developed, this would be forwarded to the City Administrator for comments and recommendations. After it is finalized, it would be forwarded to the City Council for a resolution of support. She recommended appointment be deferred until this is developed. Councilmember Strachan said any issues such as reporting and evaluations can be worked through. He would like to see this resolved in a positive way. Councilmember Soderberg received a number of phone calls, studied the City Code, researched state statutes, by-laws and had a discussion with the City Attorney. Until such time as he has evidence the Chief is not performing his duties, he will support him. The recommendation on March 1, 1999 could be positive or negative. He supports Councilmember Cordes' proposal. Councilmember Verch stated how long has the volunteer fire department been here and there is no job description for the Chief? He thought there would have been something. Councilmember Soderberg stated there are job descriptions scattered throughout the documents he researched. Councilmember Cordes' proposal is to put all of these into one item. She stated her theory is there have been some questions as to how the Fire Chiefs position intermingles with the City Administration. Her goal is to define not only how he operates as a Fire Chief relating to the Fire Department, but also how he operates as a department head and the policies and procedures that should be expected of the position. Councilmember Strachan would like to clearly define expectations Council Minutes (Regular) February 16, 1999 Page 6 of all involved, look at problems that existed before and how to address them so the Chief knows what is expected. Staff stated it would hope to have this completed by March 1, 1999. In terms of the deferment action, Council would still be provided with the confidential data in terms of the Administrative recommendation. The Mayor felt if Council approves Councilmember Cordes' recommendation, there is no need to review personnel data. Ken Kuchera, Fire Chief, stated hopefully preparing a job description will not eliminate the by-laws and constitution. Councilmember Cordes stated it is not her intent to change the Fire Department by-laws. It may require some amendments to the section pertaining to the Chiefs position. Chief Kuchera then asked if ratification of the position would follow? Council stated that is their understanding. He didn't feel this could be accomplished by March 1, 1999. Staff stated the recommendation could be deferred until the job description is completed. Chief Kuchera then inquired as to the executive session public hearing. He understood he has a right to request a public hearing. Attorney Poehler stated the session would be closed if the discussion involves confidential data. Staff stated the job description and recommendation would be in one meeting. Chief Kuchera asked how this will affect his right to a public hearing. If it still remains the City Administrator's recommendation that he not be re- instated, will he still be entitled to a public hearing. Attorney Poehler replied he can make that request at any time. Staff stated there is currently no recommendation being made at this time, only to defer the recommendation. Chief Kuchera stated the Fire Department supported him with a 29-7 vote of approval. He received a phone call on February 10, 1999 and was told by the City Administrator he would not be recommending his reappointment as Fire Chief. City Administrator Erar indicated he would not be supporting the recommendation for this meeting. Chief Kuchera asked ifhe would be provided copies of documentation given to Council. The Mayor replied he would. Councilmember Cordes stated she feels her recommendation will work and at this point she is not interested in receiving any personal data pertaining to the Fire Chiefs position. Councilmember Strachan stated he wants a way to balance the concerns of all involved and does not want to see any personnel data until the job description is completed. Mark Fischbach, 5348 182nd Street, asked if there is room in the procedure for Council interaction? There are a lot of sensitive issues brought to the Board of Directors by the fire fighters that they feel are important and need answers from the people that they elect. Councilmember Strachan suggested those are things that need to be discussed between the Fire Chief and the Human Resources Coordinator. Councilmember Cordes stated there are avenues he can approach the Council. Mr. Fischbach stated that is why they are here now. Fire fighters have been notified everything has to go through the City Administrator's office to communicate with Council. Councilmember Strachan stated it does, as Council holds the City Administrator responsible. Council Minutes (Regular) February 16, 1999 Page 7 Mr. Henry Iwerks, 1105 Sunnyside Drive, stated he received a copy of the by- laws. He was surprised Council is talking about a job description. He felt a job description is already in the by-laws. Councilmember Soderberg stated this is also listed in the constitution and the City Code. The purpose of the job description is to get these items into one document. Mr. Iwerks noted the by-laws were adopted on December 14, 1998 and approved by the Council on December 21, 1998. He doesn't understand how the City Administrator enters into this. Councilmember Soderberg stated the Fire Chief is a department head and reports to the City Administrator. There has been some friction and the purpose is to resolve this. Attorney Poehler stated the by-laws serve a specific function which is the interworkings of the Fire Department. There are different layers of rules that apply to the Fire Department. One is the by-laws. Above that is the City Code and the City Code provides for the interworkings between the Fire Department, the Administration and the Council. It is the City Code that requires the Fire Department must report to the City Administrator. Mr. Marv Wier, 808 3rd Street, he heard the question as to how the City Administrator fits in to the picture of making a recommendation. The function of the Administrator is to make recommendations to the Council. Ms. Michelle Kindseth, 3475 232nd Street, asked that when the job description is being developed, it be taken into account, not only does the Fire Chief represent the Fire Department to the City, but the Fire Chief also has to represent the fire fighters themselves. Mr. Ron Royce, 1206 Fairview Lane, stated there has been a recommendation from the Administrator not to accept Ken Kuchera's appointment. Where is the rights of the fire fighter? They voted for Ken Kuchera as Fire Chief. What happens to their recommendation? Councilmember Strachan stated Council is trying to balance management issues in the City with the fire fighters wishes. Mr. Joe Asher, 1700 W 220th Street, asked if Castle Rock should have input regarding the recommendation of Fire Chief as Castle Rock is also served by Fannington. Councilmember Strachan stated it is ultimately Fannington's Fire Chief. Mr. Tim Pietsch, 612 Centennial Drive, stated the Fire Department has a Board of Directors, they hold meetings, and make recommendations to the Chief. The Chief reports to the City Administrator. There may have been some disagreements in the past, that may not have been personal issues with the Chief, but came from the Board of Directors. Mr. Gordon Wichterman, asked if Council is postponing ratification of an election? Council replied yes. Are we ratifying an election or ratifying ajob Council Minutes (Regular) February 16, 1999 Page 8 description? Councilmember Cordes stated Council is not ratifying anything. Council is proposing a recommendation. MOTION by Cordes, second by Soderberg to defer appointment of the Fire Chiefs position until such time as appropriate with the development of a job description stating specific recommendations on mutual issues and expectations. APIF, MOTION CARRIED. MOTION by Cordes, second by Strachan to ratify appointment of Bob Curtis as Assistant Fire Chief and Troy Corrigan as Secretary/Treasurer. APIF, MOTION CARRIED. Councilmember Verch stated as Ken Kuchera was elected Fire Chiefby the fire fighters, what difference does it make if we approve the appointment tonight or in three months? Administrator Erar stated the proposal by Councilmember Cordes will determine in great measure the final Administrative recommendation for ratifying final appointment of the Chief. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Lakeville Comprehensive Plan Review - Supplemental A meeting was held with Lakeville City staff on February 10, 1999 to discuss the proposed Lakeville 2020 Comprehensive Plan. Lakeville opposes an extension of CR 46 westward from County Road 5 into Scott County. They support the County Highway 42 Corridor Study recommendation that the possible location for the next principal arterial south of County Road 42 be either the 185th Street or County Road 70 corridor be studied in more detail. Farmington staffwould agree with Lakeville's suggestion that the County move up the Central Area Corridor Study from 2000 to 1999 and the County should coordinate with both Lakeville and Farmington to determine the most appropriate east-west arterial roadway locations. These discussions would also have to include Empire Township and possibly Scott County. Lakeville proposes to realign 1920d Street with 195th Street to facilitate east/west traffic in the central area of Lakeville. Lakeville proposes the improvements of 1-35 and CSAH 70 interchange, bridge and frontage road. Staff recommended that the City submit a letter to the Metropolitan Council indicating that the City of Lakeville limit its wastewater flows to the Empire Plant to the levels contained in the Preferred Projected Flows as prepared by the Met Council and also to indicate that Fannington desires to work closely with Lakeville, Empire Township, and Dakota County to identify the most appropriate east-west transportation corridors that would extend through Fannington and to coordinate development with ISD 192. MOTION by Strachan (an employee of the City ofLakeville), second by Soderberg authorizing a letter to the Metropolitan Council. APIF, MOTION CARRIED. Council Minutes (Regular) February 16, 1999 Page 9 b. Comprehensive Plan 2020 Update - Discussion The proposed 2020 Land Use Plan and Policy Statements were presented as discussion items with the City Council to determine the future land uses and policies to meet the visions of the City of Farmington. At the February 1, 1999 Council Meeting, several possible minor changes were discussed by the Council regarding the proposed plan. These possible changes included the location of an industrial land use designation in the northwest comer of the North East District on the west side of the CP rail line and the relocation of medium-density residential along Denmark Avenue and a possible commercial designation at the comer of Denmark Avenue and Ash Street on the Neilan property. The Planning Commission stated that any type of industrial use located next to a rail line would typically be heavy industrial and would not be compatible with the proposed location in the northwest comer of the North East District. The Planning Commission reviewed the recommendations concerning the Neilan property and agrees with the City Council to show medium-density residential along Denmark Avenue and low/medium-density residential on the west side of the property. Mrs. Neilan asked if this area is rezoned for townhouses? Staff replied the Land Use Plan does not change zoning. It will be brought to Council April 5, 1999 for final adoption. c. Authorize Encumbrance 2000 A need has been identified to purchase two additional plow trucks in fiscal year 2000 and one additional vehicle in 2001. In addition, the need to properly plan for a proposed fire pumper in budget year 2000 suggests that this effort should begin in the later half of 1999 to develop vehicle and equipment specifications. MOTION by Soderberg, second by Verch to authorize a capital outlay encumbrance for fiscal year 2000 in the amount of $200,200. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Feasibility Report Addendum - Downtown Streetscaping A report was presented to Council regarding the neckout and City logo options for the Downtown Streetscape project. The addition of neckouts at the intersection of Oak and Third Street would expand the sidewalk in that area and provide an opportunity to create a downtown focal point. The installation of the City logo in the intersection is feasible from an engineering standpoint. Staff has concerns, however, regarding the maintenance that such a logo might require. MOTION by Verch, second by Soderberg to consider the neckout and City logo options as presented and direct staff to include these options in the Downtown Streetscape project. APIF, MOTION CARRIED. Council Minutes (Regular) February 16, 1999 Page 10 b) Adopt Resolution - Downtown Sliplining Project Feasibility Report The project consists of rehabilitating the existing clay sewer pipes on Third Street between Spruce and Elm and on Oak Street between Second and Fourth. The total estimated project cost is $194,000. Under the City's Special Assessment policy, 35% of the costs of reconstruction of sanitary sewer is assessed to the benefiting properties and the City funds the remaining 65% of the costs. The benefiting properties' share of the total costs is $67,900. The City's share of the costs is $126,100 and would be funded through the Sanitary Sewer fund. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R14-99 accepting the feasibility report for this project. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE City Administrator Erar: Council has a copy of the Castle Rock Township response to schedule a meeting to discuss the Joint Powers Agreement and Feasibility Study. A Council Workshop was scheduled for March 9, 1999, with March 10, 1999 or March 23, 1999 as back-up dates. The City is within four weeks of receiving an approved franchise agreement for communications. Mayor Ristow: He received a letter from North Trail Elementary 1st graders and will be visiting the school March 2, 1999. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 11 :20 p.m.. APIF, MOTION CARRIED. Respectfully submitted, //. .//' /._ .... A~', t.;I" c z:A~e.._/ // ?<.eekXV../ '>" Cynthia Muller Executive Assistant