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HomeMy WebLinkAbout06.21.10 Council Minutes 7cz- COUNCIL MINUTES REGULAR June 21, 2010 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Aydience: Larson, Fogarty, May, Wilson Donnelly Andrea Poehler, City Attorney; Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Senator Pat Pariseau, Representative Pat Garofalo, Tom Jensen, Nick Gerold, Joan McIntire, David Pritzlafl: Jerry Ristow 4. APPROVE AGENDA Councilmember Wilson pulled item 7i) Approve Bills for comment. City Administrator Herlofsky pulled item 7h) Approve Termination Administration. MOTION by Wilson, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Senator Pat Pariseau Council recognized Senator Pariseau for her 21 years of service in the Senate and her work for the City of Farmington. Councilmember Wilson stated she has watched the City grow up and has been a champion for environmental causes. She has been a great leader for the area. Councilmember Fogarty stated Farmington has been very fortunate to have her. Former Mayor Jerry Ristow stated he has known Senator Pariseau for many years and she has been a great asset to the community. She has always been there for us and gave her life for this City. Her family has also done a lot for the City. b) Representative Pat Garofalo Legislative Update Representative Garofalo, 5997 193rd Street W, gave a legislative update. The legislature passed the bill which included a Deputy Registrar office for the City of Farmington in City Hall. They were also successful in keeping Farmington out of the transit taxing district. The elimination of the market value homestead credit 7 Council Minutes (Regular) June 21, 2010 Page 2 was extended into 2012 and 2013 and will probably not come back. The State has taken everything possible from the City of Farmington including local government aid and market value homestead credit. The State is faced with a $6 billion budget deficit. His concern is that as the State further reduces the credit programs, we will hear that Farmington is not paying its fair share and someone may come up with legislation to force Farmington to write a check to the State. Mayor Larson asked what can be done about the mandates the State puts on the City. Representative Garofalo stated the LMC has gone to the legislature with a list of items cities are being forced to spend money on. Mandate relief would allow the flexibility to reduce spending and re-prioritize dollars. The legislature did not approve this legislation. As a resident, Representative Garofalo asked about not allowing parking on 208th Street by the soccer fields. He felt parking should be allowed within the area rather than filling the parking lot. c) Hockey Association Mr. Nick Gerold, Farmington Youth Hockey Association, stated the FYHA has discussed assisting the City with improvements to the Ice Arena. FYHA has agreed to donate funds for the repair ofSchmitz-Maki Arena in an amount equal to 25% ofFYHA gross gambling profits, not to exceed $25,000/year for 10 years. In return they ask that FYHA be moved to the number two spot on the tenant list. Currently they are seated behind the high school. They ask that for the 2010-2011 hockey season, their ice fees remain the same as the 2009-2010 season and for the remaining nine seasons, ice time fee increases will not exceed 5% a year. In addition, they will donate a one time lump sum of $50,000 upon completion of a second sheet of ice in Farmington. Upon completion of the second sheet of ice they will also donate an additional 25% of gross gambling profits to the new facility. This will provide money for the repairs and should a second sheet be created, there will be money for that as well. This motion was passed at the last FYHA board meeting. Councilmember Wilson asked what their average gross proceeds are. Mr. Gerold replied for the past four years the gross proceeds have been $18,000. Over the past four years they would have donated $4,500/year. City Administrator Herlofsky appreciated their help and this will be added to the budget. d) Farmer's Market Update The Farmer's Market will open June 24. It will be open on Thursdays, from 3:00 - 7:00 p.m. A schedule of events is on the City website. The fIrst 200 people will receive a chico bag. It is located in the lot west of the Feely Elevator. 6. CITIZEN COMMENTS Mr. Jerry Ristow, 516 Lower Heritage Way, after serving the City for a number of years, he has been attending the workshops and was concerned with the budget deficit and the 8 Council Minutes (Regular) June 21, 2010 Page 3 fact the Council is struggling with it. He e-mailed Council and received a response from Mayor Larson. He asked if Councilmember Donnelly still serves on the Council as he has not been at the workshops. In these difficult times, he asked Council for some relief, especially from Councilmembers Wilson and Fogarty. They have been on the Council for the last four years and there have been some stiff projects. With their knowledge of past projects, he thought they would be more cautious, such as with the Walnut Street project. Council received the contract, voted for it, and signed it. Was the amount of trees to be removed not listed in the contract? There were 66 trees removed. The contractor did not remove them for free. He discussed this with City Administrator Herlofsky a couple weeks ago and was satisfied, but would like to hear from Council. He believed Council knew every inch ofthat contract. They are there to represent Farmington. City Engineer Schorzman took the blame. As far as Councilmembers Wilson and Fogarty, this happened before and they should have been aware of it. They were involved with the Ash Street project. He recalled there was a policy put in place when Mayor Soderberg was on the Council regarding tree removal. That area is our heritage. The area of the District Service Center and the Depot was the start of the City. There were a lot of trees planted in the area in memory of doctors, lawyers, etc. It is the heritage and the preservation. We talk about heritage preservation for the City, where was our HPC member? We try to preserve a building or a house; something should have been done here. Now we are saying we will put these trees back. It is good for the neighbors, but it affects others who are paying 65% of the project. The engineering fees were waived. When we have an Engineering Department, an Administrative Department, and a Finance Department, they set the budget and the money is there. Will we be short $50,000 or $40,000? At the end of the budget, someone will be short some money. He heard someone say it was excluded in the bonding. His taxes for the City since 2005 have increased. He pays as much to the City, excluding services, as he does to the school district. This amounts to $900/year excluding services. There are a lot of people on fixed incomes who are not getting raises. The only ones doing anything is the government. Maybe it needed to be done, but how many are able to pay the $6,000 assessment? It is a good bargain, but you have to give some consideration. He is annoyed with the street light fee. He asked how many street lights we own in the City. He has learned they own Elm Street and the road behind McDonald's. That is not very many street lights, but yet each household will pay $24/year. At 7500 households that adds up to $180,000/year in extra fees. At the last workshop, the City Engineer asked for another $500,000 in the levy. You cannot sell your house here. Next year the value of his house will be less than what he paid for it seven years ago. Council has to give consideration to all these fees. He would like to know how many people could not pay their taxes in May. He has had an assessment or tax increase every year for the last four years; from Ash Street, the mill and overlay, etc. As far as the Walnut Street project, something happened here; the trees did not just get pulled down. Mr. Tom Jensen, 701 5th Street, stated all of his trees were removed. They had to pay to have the trees removed, now they have to pay to have them replaced. All of the trees did not need to be removed and he did not understand why the residents have to pay to have them replaced. One reason they were given for the tree removal, was that it would be cheaper for the project. How can removing all the trees be cheaper? He felt the residents 9 Council Minutes (Regular) June 21, 2010 Page 4 should not have to pay to replace the trees and asked Council to consider that. The City could have saved $12,000 by not doing a Community survey. The Parks and Recreation staff could have written the questions, brought them to Council, put the survey in The Bridge and everyone in the community could have voiced their opinion. This way there is only a few people. Something needs to be done; taxes cannot be raised. It seems the City spends money anyway they want to. A lot of people are on fIxed incomes. We will not be able to afford this City. Council needs to start using their heads. He was on the Fire Department for 25 years, he was on the Relief Association for 7 years, he was Fire Chief for 7 years, he worked for the City, and served on the Water Board for 9 years, and he has never seen a Council like this that does not care about the people of this community. a) Response to Mr. David Pritzlaff Mr. Pritzlaff commented on Councilmember Wilson writing down a meeting date and time and Mayor Larson's comment. He asked that Council ban cell phones at Council meetings so we do not have to listen to the buzzing here and at home. He asked it be made mandatory that they be turned off. Mayor Larson will not ban cell phones from Council meetings, but will ask they be shut off. Mr. Pritzlaff spoke with someone about the seal coat project in the Sunnyside area. He recalled the City received $12,000 from Bonestroo from the mill and overlay project in that area and that money was to go towards the fIrst seal coat for that neighborhood. The $12,000 was to be used just for those residents, not towards the entire seal coat project. He received a copy of the Community survey. It is incomplete. Council received the questions, did not proof it, the company hired and that was paid $12,000 did not read it, because question 14 at the top says Very Supportive, Somewhat Supportive, Not Supportive. When you answer all the questions in section 14, Not Supportive is not an option. Mr. Pritzlafffelt the survey was incomplete because of this it. It is a waste of$12,000, and needs to be thrown out. Mr. Pritzlaffthen reviewed the responses he received to questions raised at a previous Council meeting. He was surprised overtime cannot be split out for plowing trails. Overtime amounted to $2800. He suggested no overtime in this year's budget and trails do not have to be plowed on the weekends. As far as solid waste, he wanted to know the depreciation expense. He felt the City was charging too much for solid waste services. Regarding the weed ordinance, Council changed it last year. He asked why it was changed. Weeds filter into adjacent properties and it creates issues with bugs and animals. It affects the look of the City. He asked about a note passed from Councilmember Fogarty to Mayor Larson at the April 19, Council meeting. This information was not provided to Mr. Pritzlaff. Councilmembers were not able to locate what Mr. Pritzlaffreferred to. Mr. Pritzlaff noted Mayor Larson wanted to make government friendlier to the people. This is not being friendlier. 10 Council~mes~gW~) June 21,2010 Page 5 7. CONSENT AGENDA MOTION by Fogarty, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes (6/7/10 Regular) (6/14/10 Workshop) b) Received Information May 2010 Financial Report - Finance c) Adopted RESOLUTION R36-10 Appointing Election Judges - Administration d) Approved Updated MAAG Joint Powers Agreement - Police e) Approved Business Associate Agreement - Human Resources f) Received Information 2010 Summer Seasonal Staff Appointments - Human Resources g) Acknowledged Resignation Administration - Human Resources APIF, MOTION CARRIED. i) Approve Bills Councilmember Wilson noted there are a number of different auto parts vendors and asked if similar vendors could be grouped together. He understood we do not want to have an inventory of auto parts, but asked if it was possible to buy in bulk and more efficiently. Regarding the expense for the auditors, he asked if $22,000 was for the entire bill and where is it located in the budget. He noted there is start up money for the Dew Run and the Bike Auction. He asked if registration fees pay the money back to the City. Parks and Recreation Director Distad stated the start up money is for change. Upon completion of the event, the start up money comes back to Finance and any excess money is profit. Councilmember Wilson asked how Council is made aware that the money has been paid back. Finance Director Walters stated the money is sitting out there as petty cash. It used to be done as an expense. Now it is shown as petty cash and staff can see it when monitoring cash on a monthly basis. Once it comes back, it will wipe out the petty cash and it goes back into the bank. Counciln:tember May had a concern with some of the business unit descriptions. She received a response to her questions from the last meeting, but asked that they be included in the Council packets in the future. Last week she questioned the Pellicci bills, not the amount, but the amount oftime spent making the trips to the store. She would like to see better planning to reduce the number of trips. MOTION by Fogarty, second by Wilson to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Ms. Michele Connors applied for a Therapeutic Massage License at Farmington Barber & Beauty, 324 Third Street. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Wilson, second by Fogarty to approve a Therapeutic Massage License for Michele Connors at 324 Third Street. APIF, MOTION CARRIED. 11 Council Minutes (Regular) June 21, 2010 Page 6 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Walnut Street Change Order - Engineering The change order is for three items: 1. Extra work to remove an unknown sanitary sewer line crossing TH3 - $310.70 2. Delay costs to the contractor associated with overland flow from the City's hydrant flushing operation. The water from the hydrant flushing ran into the trench which caused a ~ hour delay - $233. 3. In order to avoid the unknown sanitary sewer line and watermain offsets, the sewer was redesigned to lower it to go under everything - $6,229. This redesign did avoid $4,000 in watermain offsets. MOTION by Fogarty, second by Wilson to approve Change Order #1 for the Walnut Street Reconstruction Project in the amount of $6,772.70. APIF, MOTION CARRIED. b) Dakota County CIP - Engineering Staff recommended the following projects be placed on the County's 2010-2014 CIP: - CR64 (19Sth Street) from Autumn Glen to TH3 - 2011 - Intersection Traffic Control at Flagstaffand CSAH SO - 2011-201S - 19Sth Street Flagstaff to Diamond Path - 2010-2011 - Traffic Control at Pilot Knob Road and 19Sth Street Intersection - 2011-2013 Councilmember Fogarty noted there are no speed limit signs on 19Sth Street from Akin Road to TH3. City Engineer Schorzman explained posting it prior to doing a speed study may influence the speed people drive. MnDOT has done the speed study, staff asked for a determination and are waiting for an official response before posting it. Councilmember May noted people are farking along 19Sth Street for ball games and that is a much busier area than 208 Street. She would like staff to look at allowing parking on at least one side of 208th Street and also look at 19Sth Street. Councilmember Fogarty recalled with 208th Street there is one way in and one way out of the area, so traffic is coming from both ways. A child was hit by a car in the area and that is what prompted no parking. She agreed with looking at 19Sth Street parking also. 11. UNFINISHED BUSINESS a) Amend 2010 Fee Schedule to Include Development Fees - Engineering This item was tabled at the May 17, 2010, Council meeting to give developers an opportunity to review the fees and ask questions. Council consensus at the 12 Council Minutes (Regular) June 21, 2010 Page 7 workshops in January and March was to move forward with a phased-in approach to the storm water management fee. Council was asked to choose one of two options: Option 1 - begin phasing all categories in 2010. Option 2 - phase in low density residential in 2010 and phase in high density residential and commerciaVindustrial beginning in 2013. Councilmember Wilson preferred option 2, however, he realized we are looking at full build out of the City, but was not sold on the numbers. All of Council has expressed a desire for commercial development. Increasing the fees this quickly is concerning. If developers do not have any concerns, he would be willing to re- evaluate his vote at a later time, but right now he is not comfortable with the dramatic increase especially in the commerciaVindustrial. Councilmember May stated we cannot change the past and we have to quit delaying the obvious. She agreed with option 2. It is not as conservative as she would like, but ifwe do not look at this realistically we are looking at the residents contributing. The policy has always been development pays for itself. Councilmember Fogarty agreed with Councilmember May and supported option 2. Mayor Larson stated we all want commerciaVindustrial development, but ifwe increase the fees it may deter them from coming. He asked what would happen if we delay this a couple years. Staff had noted ifwe delay this and the Seed development starts, then we have missed out on those acres. With option 2, commerciaVindustrial is postponed for a few years. MOTION by May, second by Fogarty to adopt ORDINANCE 010-624 approving option 2 for the Surface Water Management Fee. Mr. David Pritzlaff stated a couple years ago he had asked about the Water Treatment Plant fee. Ifwe are charging developers $960/REU, how many years have we been charging that? Ifwe never put in a water treatment plant, could developers sue the City for money they paid plus interest? Councilmember Fogarty noted that was discussed at the workshop and it is still being reviewed. City Engineer Schorzman stated the need for a water treatment plant is driven by increased demand and quality issues. We have lines in the ground for the plant. Mr. Pritzlaff asked if the money is in a fund for the water treatment plant and the balance of that fund. Finance Director Walters stated the water fund is in the budget, but it is not broken out as to how much is for the water treatment plant. Mr. Pritzlaff asked for the balance in the fund for the plant and what the projects would be for upcoming developments. He was referring to development along 19Sth Street. City Engineer Schorzman stated anything provided for the development north and east of 19Sth Street would be an estimate because until it is 13 Council Minutes (Regular) June 21, 2010 Page 8 platted and we can determine lot sizes and densities, it would be an estimate. Councilmember Fogarty preferred to not give an estimate as we do not know what will be platted. We only have a concept plan. Mayor Larson recalled there was a density range and also was not comfortable with giving an estimate. City Administrator Herlofsky noted we are not required to provide information that does not already exist. Councilmember Wilson stated the concept plans were from a different developer that no longer exists. Voting for: Larson, Fogarty, May. Voting against: Wilson. MOTION CARRIED. b) Approve Arena Improvement Project Change Order - Parks and Recreation At the June 7, Council meeting staff presented some change orders for the arena improvement project. The change orders were as follows: - There was a deduct for the drain tile because it was not needed. - Staff requested a mop sink. - The ventilation system was included in the dehumidification system project which was not approved as part of the overall construction project. The ventilation system was not discussed until the April 22, 2010, preconstruction meeting. This is a code requirement. - Add panic bars to three exit bars. This is a code requirement. This item was not discovered until the State inspection was performed and was not communicated prior to that time. During the discussion at the June 14, workshop Council consensus was to add the panic bars, the ventilation system and controls. Regarding the mop sink, staff was directed to contact the contractor to stub in the piping for the sink. This will be done at no cost. Staffhas contacted the Hockey Association to see if they have a member that is a licensed plumber who could install the mop sink. There is $45,727.95 as contingency. This amount would be reduced by $3,984. Councilmember May confrrmed Bonestroo will not take any responsibility for missing a code requirement. Their response is because it was in a portion of the project that was not approved. She felt it was their responsibility to let us know that a certain size fan is still required even if we do not chose the dehumidification system. There was a lot of early discussion about why we needed an expert and to miss a code requirement, she was surprised they are not taking some responsibility for it. Staff noted during the workshop Mr. Kristofrtz, of Bon est roo did acknowledge the code requirement was missed. Councilmember May stated we used them because they know the arena and the City. Councilmember Fogarty stated Mr. Kristofitz did say they did not anticipate all the options not being taken. The code was not missed, it was not brought to our attention that it was something that would be needed. Councilmember May felt it 14 Council Minutes (Regular) June 21, 2010 Page 9 should have been presented as it is a code requirement and they should take some responsibility for it. It leaves a bad taste as far as future work for the City. Mayor Larson stated Bonestroo did say at the workshop that staff and Bonestroo discussed it at the preconstruction meeting and that it was discovered after the bid opening. MOTION by Fogarty, second by Wilson to approve the change order. Voting for: Larson, Fogarty, Wilson. Voting against: May. MOTION CARRIED. c) 2011-2015 CIP - Engineering The CIP was discussed at the June 14, Council Workshop. City Engineer Schorzman reviewed the reconstruction and rehabilitation projects and whether the assessments would overlap with other projects such as Pilot Knob Road, Ash Street, or Elm Street area-wide assessments. - 2nd Street and Honeysuckle Lane would affect properties with an area wide assessment for Elm Street or Ash Street. - 1 st Street and Oak Street, a portion would be affected by the area wide assessment for Elm Street. - Westview Acres is not included in an area wide assessment. - Spruce Street from the railroad tracks to Denmark, a portion would be affected by the area wide assessment for the Elm Street project. - Pine Street and Willow Street would be covered by the Elm Street area wide assessment. - 6th Street would be part of the Ash Street assessment. - The second phase of Sunnyside would be in the Ash Street assessment. - 10th Street and Maple Street and Dakota Estates and Hillview would be affected by the Pilot Knob Road assessment. Council was also given the amount ofthe original assessment, principal balance remaining and the total cost remaining. The goal of the program is to come up with a five year CIP and also a plan into the future that can be followed to provide a tool for planning and other maintenance activities. Councilmember May stated although assessments are not easy, if something were to break it would be far worse. Comments have been made about doing an overlay and then tearing up the street. This does better planning and provides information to residents on upcoming projects. Projects have been moved around based on this research. Councilmember Fogarty stated this is good information, especially with seal coating and projects. She agreed we need a plan we can stick with. Councilmember Wilson stated this is $53 million in projects shared between the City and the residents. The previous Council finished the Main Street reconstruction. With the reconstructs we are talking about a small segment of 15 Council Minutes (Regular) June 21, 2010 Page 10 downtown. He wanted to know how much is left to do of the downtown area, including Locust to Lower Heritage Way. He sees projects that need to get done, but also sees overlapping taxation all over for the next 20-30 years. That is a concern. He wanted to know if five years of reconstruction is 25% of the situation. City Engineer Schorzman stated the $53 million includes everything on the spreadsheet. About half of that would fall into the rehabilitation and reconstruction projects. The rest of the projects are funded through utility sources or other agencies or development driven. Councilmember May noted Willow and Pine Streets are used heavily by businesses in the area and asked if the assessments are handled differently. Staff stated assessments have been handled by a breakdown of residential equivalent unit based on the size of the property rather than the use. d) Approve Exchange Bank Settlement - Administration The settlement provides for return of the deed to 2004 Real Estate, both parties stated they are not admitting to any wrongdoing in connection with the settlement, it provides for the stipulation through the courts releasing the case from the court system and prevents either party from bringing a lawsuit against this item. This agreement needs to be approved by the City Council and the EDA. Councilmember Fogarty stated she has dealt with this issue for a great number of years. Cities are sued because it is cheaper to pay than to fight it. She respected anyone who votes for this because it does save the residents and the City money, but she cannot vote for this. Mr. David Pritzlaff stated this issue was dealt with when he was on the Council. A deadline was given when work was supposed to be done and it wasn't. At that time, Council agreed to have the deed turned over to the City. In less than a week, the work was done. It was in direct conflict with what the Council had voted on. Mr. Pritzlaffnoted the City is paying $21,500. Ifwe are paying money on a claim, we are showing fault. City Administrator Herlofsky stated the issue has been ongoing since 1998. Every effort was made to resolve issues with work on the building. To take back the building would have generated a cost far more than anyone has discussed. Staff worked with the attorneys, the work is completed, and the owners will be responsible for the building. Mayor Larson stated it would have cost us more than $21,500 to fight it. It was a financial decision. MOTION by Wilson, second by May to approve the Settlement Agreement for the Exchange Bank building. Voting for: Larson, May, Wilson. Voting against: Fogarty. MOTION CARRIED. 12. NEW BUSINESS 16 Council Minutes (Regular) June 21, 2010 Page 11 13. COUNCIL ROUNDTABLE a) Dew Days Update City Administrator Herlofsky thanked everyone who participated with Dew Days. Things were kept clean, the entertainment was great, and it was a large success. The Flavors of Farmington was cancelled due to weather. The Farmer's Market will begin on Thursday, June 24, 2010, and will include other events to bring people downtown. b) Facebook and Twitter Update - Human Resources Human Resources Director Wendlandt presented the City's Twitter page. Any announcements sent to NixIe will also publish on the Twitter page. She is working on Facebook. Councilmember Wilson: Thanked everyone who participated in Dew Days events. Referring to discussions at the meeting tonight, we can have policy and resident issues, but some of our other communities who were hit by tornadoes this weekend, puts things in perspective. His thoughts go out to those in greater Minnesota. Councilmember Fogarty: Thanked everyone who participated in Dew Days. The events were fantastic and received many good comments. They were glad it was back downtown and enjoyed the events. The Police Chief went above and beyond. He was there all the time. There was a lot of hard work and effort by everyone. Mayor Larson: Thanked the volunteers who worked Dew Days and those who participated. There were 525 participants in the Dew Run. He asked everyone to shop locally. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 9:28 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 17