Loading...
HomeMy WebLinkAbout07.06.10 Council Minutes 7a:.. COUNCIL MINUTES REGULAR July 6, 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: Audience: Larson, Donnelly, Fogarty, Wilson May Henry Schaffer, City Attorney; Peter Herlofsky, City Administrator; Teresa Walters, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Cynthia Muller, Executive Assistant Beve Preece, Annette Kuyper, Jerry Ristow, David Pritzlaff 4. APPROVE AGENDA MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Dew Days Recap - Police Chief Lindquist A slide show was viewed of Dew Days events. Police Chief Lindquist recognized those who coordinated Dew Days events. There was $8,000 profit for Dew Days. 6. CITIZEN COMMENTS Mayor Larson apologized to the residents and Council for Citizen Comments at the last meeting. Things got out of control and he hoped to avoid that in the future. He wanted to make Citizen Comments a positive item for residents to talk about upcoming events and things happening in the City, ask questions or inform Council of any concerns. Unfortunately, because of a couple of instances, things need to change. Citizen Comments is not for yelling at City Council, not for demanding things from the City Council, or taking Councilmembers to task personally. When residents come to the podium, he would like them to think about how they will represent themselves and the City. He asked that comments be directed to Council and be kept to five minutes or less. If a resident has more to say, they are welcome to come to the next meeting. A response will not be given at the meeting, but a letter will be mailed prior to the next meeting. If these rules are not followed, residents will be asked to be seated. If things get out of control, they will be escorted from the meeting. 8 Council Minutes (Regular) July 6, 2010 Page 2 Ms. Beve Preece, 300 Spruce Street, thanked the City for their cooperation with the use of the lobby at City Hall for the DV AC Art Show. She thanked Police Chief Lindquist for his leadership, which made their job a lot easier. The winners from the Art Show are displayed in the lobby at City Hall. The DV AC is collecting art work to replace the damaged art work in the Depot Way Arts Park. Dates will be set to do some work in the park. A meeting will be set with students to decide what to do with the walls for artwork. The Flavors of Farmington has been rescheduled for July 28, at Rambling River Park. The DV AC will also have an art display at this event. Trinity Terrace will have an open house on July 9, with a ribbon cutting for their new Assisted Living services. The care center had a perfect record in the State survey this year. Ms. Annette Kuyper, Warrior To Citizen, stated they have several events in July. On July 17, there will be a book signing at the library; also July 17, is the steak fry fundraiser at the VFW; on July 18, they are joining other Yellow Ribbon networks to host a welcome home picnic for units from Rosemount and Inver Grove Heights. There will be 650 at the Rosemount armory and 725 at the Inver Grove Heights armory. She asked Council and City leaders to mark September 22, as Governor Pawlenty will be coming to Farmington to award 8 cities and two corporations Yellow Ribbon status. It was a special request from the Governor to hold this in Farmington to honor us for being the fIrst Yellow Ribbon city in the state. Mr. Jerry Ristow responded to Mayor Larson's comments. He stated he is a responsible citizen and came to the last meeting to ask legitimate fmancial questions. He has 12 years experience with the City. He is concerned with the direction the City is going. There have been many levies on property taxes. He had met with City Administrator Herlofsky to discuss his concerns, but Council is elected to work for the residents and to answer to them. When he was Mayor, he could not stop anyone from coming to Council to ask questions. Joel Jamnik was the City Attorney and at that time he had said Citizen Comments is for anyone. Mr. Ristow stated he wanted to put a positive spin on the situation, but he had legitimate concerns about money being spent and the only ones he can ask is the Council. He still has concerns, and did not hear from any Councilmembers, except Mayor Larson regarding the street lights. He received a letter with answers to the questions, but that was from City Administrator Herlofsky. Unless the policy has changed, the Mayor runs the meetings and the Council is there as elected people. The Mayor cannot tell the rest of Council what to do unless you vote to set a different policy. Mr. Ristow stated he asked legitimate questions and received nothing back from Council. He asked if Council doesn't see where the money is going. He can understand a few mistakes, but for example the removal of the trees on the Walnut Street project, staff says it was in the contract. There has been levy after levy. You have to take this seriously; it is business. Member Wilson confIrmed the response in the packet was sent to Mr. Ristow. Staff also confIrmed the tree removal and other items are in the contract. Mr. David Pritzlaft: 20255 Akin Road, stated when he was on the Council he took his fair share of comments, but that is what he was elected for. He represented the people that 9 Council Minutes (Regular) July 6,2010 Page 3 voted for him and you take the good with the bad. The City is taking our tax money, so residents have a right to come to any meeting and give opinions. He would like to think they are considered. He did address the Council with his comments at the previous meeting and Mayor Larson had said staff would respond, even though he was asking for each Councilmember to respond with why they voted for a particular ordinance. His frustration is trying to get the answers and when he does not receive the answers, it becomes more frustrating. Just give the information out freely and more than one line responses. The 5-minute rule is fme, as long as everyone adheres to it. a) Response to Mr. David Pritzlaff Mr. Pritzlaffreceived responses to his questions. Regarding solid waste and $48,552 being used for bond payments split between the four enterprise funds, he asked what are the four enterprise funds? Mr. Pritzlaff stated regarding the remaining $63,996, ifwe are not in the solid waste business we would not have to pay those expenses. Regarding the $12,500 payment from Bonestroo for the mill and overlay project in the Sunnyside area, it would apply towards the seal coat assessment. Mr. Pritzlaffnoted in the March 10,2010, Council minutes it was stated that Bonestroo is still committed to paying this amount. Mr. Pritzlaffrecalled that check was received by the City when he was on the Council 2-3 years ago. Either we were told something and it was not here, or Bonestroo is now paying the money. Staff will research this. Regarding the weed ordinance, he received information from staff, but wanted to know why staff presented the ordinance change. Staff will provide further information. As far as the community survey, he did not receive a response to question #14. Councilmember Fogarty stated she has been discussing it with the City Administrator and no final decision has been made. Also at the last Council Meeting, Mr. Pritzlaffrequested Council ban cell phones from the Council Room during meetings. The buzzing noise is disturbing. Councilmember Wilson asked Mr. Pritzlaffifhe read the e-mail sent to him this morning regarding the weed ordinance. Mr. Pritzlaff stated he received it, but there is no discussion except that it was on the Consent Agenda. The Planning Commission minutes were also included in the information sent to Mr. Pritzlaff. Councilmember Wilson felt the information sent should answer all of Mr. Pritzlaff's questions. Mr. Pritzlaffhad requested Council packets from Mayor Larson and Councilmember Fogarty for the April 19, 2010, Council meeting. Councilmember Fogarty brought in packets for May, but no longer has the April packets. Mayor Larson provided his April packet to staff. 10 Council Minutes (Regular) July 6, 2010 Page 4 7. CONSENT AGENDA MOTION by Wilson, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (6/21110 Regular) b) Acknowledged Resignation Administration - Human Resources c) Adopted RESOLUTION R37-10 Approving Assessment Agreement 3350 209th Street W - Engineering d) Approved Wetland Replacement Plan Pilot Knob Trail Extension - Engineering e) Adopted RESOLUTION R38-10 Accepting Dew Run Donation - Parks and Recreation f) Received Information Response to Councilmember May - Administration g) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Plans and Authorize Bids Pilot Knob Trail Extension - Engineering The bid date is July 27,2010, with an anticipated award at the August 2,2010, Council meeting. The project will start soon after this and be completed the fIrst week in October 2010. The estimate for construction is $288,000, which includes 10% for contingency. The cost will be split 55/45% with the County; the City will pay 45%. The City's portion will be $10,000 from the park improvement fund and the remainder from the road and bridge fund. Staffwill provide an updated analysis based on the actual bids received. The County will take over the project management, including the surveying, inspection, and management of the contract after the project is let. The City will complete the design. The total cost for the City is estimated at $170,000. Councilmember Wilson stated the park improvement fund has not received funding and asked how this will affect park projects. Parks and Recreation Director Distad stated the park improvement fund has paid for trail construction projects in the past. We are not receiving money from developments, but the park improvement fund will be used for the area going through the wetland. Councilmember Wilson confirmed the road and bridge fund is funded through tax money or mostly state money. City Engineer Schorzman replied it is a combination of both. There is MSA money, but also assessments used to pay for bonding. Councilmember Wilson stated based on his calculation we are $13,000 short in reaching $170,000. City Engineer Schorzman stated the numbers include 10% for contingency. The balance is the design cost the City will spend which are similar to the cost for the County. Councilmember Wilson asked who worked on the design of the project. Staff replied Bonestroo, City staff, and the Soil and Water Office. Councilmember Wilson asked ifwe could have worked with others such as Dakota County Soil and Water rather than Bonestroo or gone out for bids 11 Council Minutes (Regular) July 6, 2010 Page 5 for the design work as opposed to assigning the work to Bonestroo. Staff stated we could have. Councilmember Wilson was concerned that was not presented to Council. Councilmember Fogarty stated the trail will be constructed on the west side of Pilot Knob Road. She asked if it will be bituminous all the way or will there be a boardwalk through the wetlands. City Engineer Schorzman explained it will be bituminous. The trail will go down into the bottoms and weave through the wetlands. It will be close to the road on one side and wetlands on the other side. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R39-10, approving the plans and specifications and authorizing the advertisement for bids for the Pilot Knob Trail Extension Project. APIF, MOTION CARRIED. b) Approve Rambling River Center HV AC Project Change Order - Parks and Recreation Staffproposed to add a change order for cleaning of ductwork to the HV AC project for the Rambling River Center. The cost would be $2,100. The remaining balance for the HV AC project is $5,715.23. MOTION by Wilson, second by Fogarty to approve the Rambling River Center's HV AC Project change order. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) 2010 Accomplishments - Administration Council received a list of major accomplishments so far for 2010. b) Set Budget Workshop July 12 - Administration Council set a budget workshop for July 12, 2010, at 6:00 p.m. August 9, 2010, is scheduled for a parks tour. Rather than a tour, the report for the community survey should be ready. Councilmember Fogarty was concerned that August 9, could be too late for our timeframe. City Administrator Herlofsky suggested having a joint meeting with Council, the Parks and Recreation Commission, and the Planning Commission. Councilmember Donnelly: He has been absent from a few meetings due to health issues which have been resolved. Councilmember Wilson: Thanked Communications Specialist, Danielle Cahlander, for the redesign of the City newsletter. 12 Council Minutes (Regular) July 6,2010 Page 6 Councilmember Fogarty: Regarding the Mayor's comments on Citizen comments, she has received numerous e-mails and comments from residents about Citizen comments not being what they were designed to be. Mr. Pritzlaffwas granted 21 minutes tonight and that is the type of thing she is hearing about. Some residents are being allotted more time than others and it is frustrating for residents to watch. She wanted to remind everyone these are not public meetings; they are meetings held in public. That is so there is absolute transparency in government. She answers dozens of questions from residents outside of Council Chambers. She understood people have questions and wants them involved. However, berating the Council from the podium is not the best way to get answers from government. She is being told again and again, it needs to be reigned in and controlled. She will hold the Mayor accountable to do so. City Administrator Herlo/sky: Department provided mutual aid. There was a fire in Lakeville where our Fire Parks and Recreation Director Distad: The August 9, workshop will start at 6:00 p.m. Mayor Larson: Mayor Larson asked Attorney Schaffer if responses to citizen comments from a previous meeting should be included in the allotted amount of time. Attorney Schaffer stated it should be five minutes, and it should not be something you need to address. It is a moment for citizens to speak their mind. It is a meeting that is public. If there will be a time limit, it should be adhered to. Mayor Larson noted the Fairgrounds had a band last weekend and asked if any noise complaints were received. Staff did not receive any complaints. Mayor Larson urged residents to shop locally. A new business, Blondie's Tavern should open the end of July. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn. at 8:19 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 13