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HomeMy WebLinkAbout10.18.10 Council Minutes j Ie<- COUNCIL MINUTES REGULAR October 18, 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, May, Wilson None Joel Jamnik:, City Attorney; Lisa Shadick, Administrative Services Director; Teresa Walters, Finance Director; Kevin Schorzman, City Engineer; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Lacelle Cordes, Jerry Ristow, Colin Garvey, Clyde Hanson, Ruthe Batulis 4. APPROVE AGENDA Councilmember May pulled for discussion items 7 d) Appointment Recommendation Municipal Services, 7e) September 2010 Financial Report, 7i) Bills. Administrative Services Director Shadick noted the supplemental items 7e) September 2010 Financial Report, lOb) Approve Pay Estimate #2 Pilot Knob Trail Extension Project, and 11 b) Adopt Resolution Designation ofCR64. City Engineer Schorzman pulled item lla) Franchise Fee Discussion. MOTION by Wilson, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Community Planning Month October is Community Planning Month. The Green Team will take the lead on the sustainability chapter for the 2030 Comprehensive Plan. The MPCA will be at the November 15, Council meeting to discuss the Green Step Program. Several of the commissions and the City Council, along with City staffwill be part ofthe sustainability chapter. Councilmember Wilson stated for him, the word "sustainability" is a code word for higher cost and things that we may not have to do. He wanted to understand if the chapter and the work staffwill be doing, make our planning efforts more efficient, less efficient, are we doing things that will make us less competitive with other communities as far as building and planning. City Planner Smick explained the program is a menu-type program where staff can choose what we 8 Council Minutes (Regular) October 18,2010 Page 2 want to do. The Green Steps Program was set by the Minnesota legislature. Much of the criteria shown, the City has already done. There should be minimal cost and more staff time than anything. The City's Green Team has been in existence for six years. Recently they have been picking up cigarette butts downtown which is a green step requirement. Councilmember Wilson noted the program sounded good until hearing staff time was spent picking up cigarette butts. Having staff picking up cigarette butts is not something he wants limited resources being dedicated to. He suggested partnering with school groups or community groups for this type of project. Whatever we do should advance our planning efforts as opposed to taking up lots of staff time that could be used in different endeavors. City Planner Smick clarified that has already been done and will not be done again. We are trying to limit that type of trash that goes into our storm sewers and eventually to our water system. This could be shown as a green step requirement that has already been met. MOTION by Wilson, second by Fogarty to proclaim October as Community Planning Month. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS Ms. Lacelle Cordes, 1405 Lower Heritage Way, stated after watching the last few Council meetings and reading articles in the newspaper, she was here to say shame on all of you. As a former Councilmember she knows what it is like to take criticism. In fact, during her tenure she had to take more criticism than all of Council put together. She was a weekly staple in the Farmington Independent's cartoons. She built some thick skin, learned not to take anything personally, and still do her job as a Councilmember. She continued to listen to the citizens, she did not whine about the criticism, I did not tell the citizens they could e-mail me or call me instead of talking to me directly, I did not say I was going to throw in the towel. All of Council at one time or another, when running for office, stated you would listen to the residents. She felt the Mayor's statements are more censoring the residents than listening to them. Secondly, shame on all of you, including the City Administrator who is not here tonight, for putting the employees of this City through the wringer the last couple of months. Really, secret positions that are to be cut, and the naming of those individuals who may be cut, did any of you ever stop to think what that did to long term employee morale? No one likes to see a position cut, but unfortunately it seems it has come to this. Our City Administrator stated that you, the Council, should not interfere with the elimination of positions, and then he turns around and says that you should. Are you as confused as I am and the rest of the public? It is obvious that he is not capable of presenting a budget and necessary cuts to this Council that you are comfortable with. His saving paper clips are not the answer to Farmington's budget problems. Quit being wishy-washy and make the hard decisions you are elected to make. Shame on the Mayor for even being involved in the budget process, especially when it comes to cutting services and staff. His spouse is an employee of the City and has the ability to influence his position and his decisions. Ms. Cordes felt his decisions in this process are a huge conflict of interest. She requested the Council and City Attorney look into this matter. As someone who watches the meetings at home on a regular basis, 9 Council Minutes (Regular) October 18,2010 Page 3 something has to be done with this mic system. It is horrible, and th~re is nothing more frustrating than watching a meeting where you cannot hear half of it. Mr. Clyde Hanson, on behalf of the Patriotic Day Committee, invited the Council and staff to attend Patriotic Day activities on November 4,2010, at the Farmington High School. The event is to salute the men and women who are serving in the United States Armed Forces. A dinner will be served, there will be a speaker, and music program. Elementary students have made over 500 patriotic placemats. The public is invited to attend. Mayor Larson asked that the flyer be placed on the website. b) Response to Mr. Jerry Ristow Mr. Ristow wanted to speak on the response he received regarding the road and bridge fund, and a budget item since the Mayor would not take public comment at the budget workshop. Mr. Ristow thanked the City Administrator for responding to his questions on the road and bridge fund depleting. He realized Council has been discussing going to franchise fees as a way to fund the seal coat projects. Mr. Ristow noted he did not receive any answers from Council regarding what fund the water runoff fees and a portion of the City tax will go to. The response he received was that it goes to several street projects. The City Administrator did say that the road and bridge fund from the water runoff fees and the City portion of the taxes did go to the road and bridge fund. Mr. Ristow asked where will that money go ifwe do not have a road and bridge fund? Right now the money is coming off our water runoff fees every quarter that we pay through City services. Mr. Ristow's concern with not having a road and bridge fund, on a major road reconstruction right now the policy is 65/35. Will the residents pay 100% or will we not do anymore reconstruction? Mr. Ristow noted the City Administrator did address the fact that the projects for Walnut Street, Elm Street, Ash Street, and 195th Street were paid for out of the road and bridge fund. Past practice has been, that for 195th Street there was a development fee and the road was done because ofa development. Wouldn't the developer have paid 100% of the fees and why would any fees come out of the road and bridge fund? Mr. Ristow has talked to other developers and they paid 100% in the same situation, He asked for a clarification. Mr. Ristow stated a comment was also made at a meeting regarding certain projects that can be drawn from the road and bridge fund. He asked were all the projects that used up these funds drawn properly. He wants to know if Council is comfortable with it. He would like to see a detailed list of where the money went in the last six years. This fund has been here for 25-30 years and there was a lot of money in there. He understood we do not get a lot of state funding anymore and we have a lot of development that paid water runoff fees, but it seems questionable. He noted the City Administrator had a response from one Councilmember, but it was somewhat what he was looking for, but way off base. The answer should involve more than one specific road project. He noted Councilmember Wilson provided the answer, but there was nothing from the rest of Council. 10 Council Minutes (Regular) October 18,2010 Page 4 Regarding the Deputy Registrar office, at the last workshop comments were made about hiring an employee for this service. Mr. Ristow did some research with the County, Council did support a resolution on June 7, 2010, to move forward with this. He understood that Senator Pariseau and Representative Garofalo had obtained this for the City and it had to be approved before the end ofthe year or the process had to start over. Mr. Ristow noted this will not be discussed until the November budget workshop. City Administrator Herlofsky had stated the estimated start-up costs are $186,673. Mr. Ristow talked to the County and they said they met with the City Administrator on May 25,2010. They gave him estimates and start-up costs to do this. It came to $150,000 plus equipment costs. The County estimated this type of business today would not make any money and they did not recommend the County or the City do it. What Mr. Ristow heard from the County was that they were not interested in doing this and neither should the City. Mr. Ristow checked with Rosemount and Lakeville who also have a Deputy Registrar office. Those offices are run by the County. He spoke with Rosemount's fmance staff and she indicated if you want to do it as a community service that is fme, but you will not make any money. Mr. Ristow stated we have a few funds that we subsidize heavily. With the budget concerns, do we need to subsidize anything else? He appreciated this will help some ofthe people in the community, but this can be done on the computer. By starting a business and keeping up with equipment, Mr. Ristow felt with the shortfall in the budget we should not add more to it. Councilmember Wilson wanted to be cautious of being too critical of someone who is not here, but he was very disappointed with the City Administrator in the response to Mr. Ristow. This is not a thorough response. With regard to the question on the road and bridge fund, those were Mr. Wilson's comments he made at the last meeting. This entire response is unacceptable in his opinion and he will be talking to the City Administrator about this. Mr. Ristow understood the protocol is to wait until the next meeting to answer questions, but he felt it was not appropriate to answer questions during Council Roundtable after a resident leaves. a) Response to Mr. Colin Garvey Mr. Garvey stated Council has been assuring him that the City is not misappropriating any funds, over bonding for projects, or over charging for anything. The comment made by the City Administrator at the last meeting, was that some of the assessment money used for the City's portion for the seal coating was left over from the Pilot Knob project. Finance Director Walters will look into that. Mr. Garvey stated he was assessed for Pilot Knob along with others. He asked ifhe was over-assessed that much, that there is still money left over 12 years later? If the City is not over-assessing, over-bonding, or over-charging on projects, how can there possibly be money left over 12 years later on a project. He would like an answer to that question. Mayor Larson asked staff to respond as to where the money came from in the road and bridge fund and what the money was used for. Councilmember May stated there was more than one source of 11 Council Minutes (Regular) October 18,2010 Page 5 funds. Mr. Garvey understood that, but residents were assessed and the money came from assessments so to have that much that there is money left 12 years later is the point. Mayor Larson stated we were told there was money left over from the Pilot Knob project that went into the road and bridge fund. Staff will research this. Regarding Vermillion River Crossing, Mr. Garvey stated at the budget meeting it was said there was $5.5 million in bonds to pay for that project. He recalled the project came in at $4.7 million to finish it. Mr, Garvey reviewed the minutes from February 17, 2004, stating we received $995,000 for the Spruce Street bridge as a grant. He asked if that money was used. Staff stated it was. Mr. Garvey asked we still had to bond $5.5 million? Staffreplied yes. Mr. Garvey said that does not add up, if the project cost $4.7 million and we bonded $5.5 million and we received almost $1 million in grant money, the math does not work. He would like an answer. Mr. Garvey mentioned at the budget workshop, it was stated the County's contribution to 195th Street is $4.5 million. Earlier in the year he asked about the County's contribution and was told it was $1.2 million and the City still bonded $12 million for that project. Now according to this information, the County's contribution is $4.5 million. He asked for the real number. Councilmember Wilson stated Mr. Garvey has come up for at least a year with this exact same question. Council does not respond from the dais, so Mr. Garvey should not expect an answer here, but for the same question to come up every two weeks and to not have an answer for him that is satisfactory, so he fully understands it, is a major concern. Councilmember Wilson did not understand how one individua~ a tax-paying resident, can come once a month and to not have the information. This is an issue for the City Administrator. It is very frustrating from a Council position that we have residents come up, with the same question. Ifthey get the information and they want to challenge or question the information, that is one thing, but for them to come and ask the same questions and not get the information is very troubling. Councilmember Wilson does not know if there is a communication gap between 8:00 and 5:00 at City Hall, but it is very frustrating. c) Response to Mr. David Pritzlaff Staff provided a response to his questions. 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (10/4/10 Regular) (10/11/10 Workshop) b) Received Information Third Quarter Building Permit Report - Building Inspections c) Approved School and Licensing - Building Inspections f) Received Information School and Conference - Police g) Set November 8, 2010, for a Special Council Meeting - Administration 12 Council Minutes (Regular) October 18,2010 Page 6 h) Approved Beer License Super America - Administration APIF, MOTION CARRIED. d) Appointment Recommendation Municipal Services - Human Resources Councilmember May did not have any comments specific to the individual selected for the position, but because we are in the middle of budget discussions which include possible staff reductions, and different levels of management can be included in that discussion or whether different layers of management are necessary, that can be looked at as a tool for budget cuts. She felt it was inappropriate timing to name someone to a supervisory position. Voluntary retirements could help with some of the budget issues. She felt this should be discussed at the budget workshop. This has nothing to do with the individual's qualifications, but this could be an opportunity to save some money. Councilmember Wilson added given we have not received detailed information on some items in the budget, he felt that was a reasonable idea and supported her suggestion. Administrative Services Director Shadick stated she was not involved in the selection process, but the City Administrator, Human Resources Director, and Municipal Services Director did discuss whether to replace this position. They did determine that it was a warranted position. Councilmember Fogarty stated at the last budget workshop one of the things Council discussed was staying at the policy level and to get away from doing the City Administrator's job for him. Council gave it back to him to make the cuts for $400,000 and $500,000 and to bring it back to Council. The City Administrator is not here, but he is aware of what went out in the agenda packet. That tells her this is not a position he is considering eliminating for 2011. Council has not seen that budget document yet, but Council made the decision to let the City Administrator decide on staff for 2011. Mayor Larson agreed with Councilmember Fogarty. Councilmember Donnelly stated we are not hiring someone from outside. This is a promotion from within. We are not hiring an additional person. Administrative Services Director Shadick stated Mr. Weierke, the Streets and Utilities Supervisor retired and staff conducted internal interviews with a number of applicants. MOTION by Fogarty, second by Donnelly to approve the appointment of Mr. Steven Arndt as Streets and Utilities Supervisor in the Municipal Services Department, effective October 19, 2010. Voting for: Larson, Donnelly, Fogarty. Voting against: May, Wilson, MOTION CARRIED. e) September 2010 Financial Report - Finance Councilmember May noted this information was received today, and this can be one of the most important items especially with the budget process, so to receive it a little sooner would be appreciated. Her first comment was regarding building 13 Council Minutes (Regular) October 18,2010 Page 7 permits. She would like to keep the number the same for 2011. Most of what she is reading indicates a continued sluggish market and if we can exceed our budget number as it looks like we will today, that is a good thing. There are a number of other areas where we are not exceeding our revenue projections. Councilmember Fogarty noted these numbers are through the end of September. She asked City Engineer Schorzman what the percentage will be as a result of construction due to the tornado. Staff explained there was a spike in repair permits, but new home permits are already over 100% of the estimate for the entire year and have been for a month or more. New home permits are driving more of the revenue. Councilmember May stated regarding the EDA operations, she asked when the change will be made from the HRA to the EDA. Finance Director Walters anticipates doing this next month. Councilmember Fogarty asked that something be brought to the November EDA meeting. Councilmember May noted under park improvements, there is a comment that a developer of River bend 3rd Addition prepaid their development fees. She asked if that has been taken into account for the 2011 budget. Staffhas not included these fees in the 2011 budget. Councilmember May noted if this year is used as a guide for next year, the numbers are a little inflated because the fees are prepaid. Regarding the pool, Councilmember May assumed the transfers happened at the end of the year to balance the fund balances. She asked if transfers are made throughout the year. Finance Director Walters explained for the pool we make transfers for the three months the pool is open. Councilmember May stated a comment regarding the liquor stores says without the transfers, of which there was $30,000 in transfers to the poo~ but without the transfers the liquor operations would have seen a profIt. When she looks at the budget summary, she is not thinking the expenditures are pool transfers or any other type of transfers. She asked if there was a way to add a line for transfers, showing them separately. Staffwill do this. Councilmember May stated some of the months we are showing a defIcit could be because of a transfer. This would be a good way to track where the money is going. This occurs in other funds as well. A separate line in all these funds would be helpful. Councilmember May asked if it was necessary to transfer during the year and why can't we transfer at the end of the year? Finance Director Walters stated we can do it at the end ofthe year, but we transfer throughout the year so we break up the entire budget amount for the transfer through the 12 months. Because the pool is open for three months out of the year, we transfer the entire amount within those three months. Councilmember May asked if it would be more helpful if Council could see how these different areas are actually operating whether with a defIcit or surplus, and then at the end of the year make the transfer. If it is only done one time a year, it is very transparent and then we only have to trace it to one point to make it balance at the end of the year. Staff replied we could, but then the debt service 14 Council Minutes (Regular) October 18,2010 Page 8 funds would not have any money in them to pay the bills, other funds would not have anything to operate, they would continue to go negative, and it would be hard to see what the funds have in them and how they will end up at the end of the year. We would have to focus on transfers and try to remember what goes in the funds. Mayor Larson liked Councilmember May's idea and understood what staff was saying. He stated if there was a note saying this money was transferred from the liquor store to the pool on this date, then Council would know. Regarding the Rambling River Center renovation, Councilmember May noted there is a comment that the receipt of the block grant funds should help offset some ofthe cost. She asked if that will be received before year end and ifthe guarantee was in writing from the County. Finance Director Walters was aware staffhas applied for it and was sure it was guaranteed. Staffwill follow-up on this. Councilmember May commented although the transfers have made it difficult to determine how the liquor store is doing, she still feels it is an area of concern. She recently read an article on the overall drop in liquor store sales and the economy. We have a fund balance there and she was sure we could fmd some good uses for that fund balance and would not like to see it all go away with losses. She felt we need to ramp up the discussion about what to do with the liquor stores. If our surrounding communities, particularly Apple Valley and Lakeville who have built municipal liquor stores on our borders, let's do something different and attract someone who may want to sell liquor on their own. She suggested looking at it while there was a positive fund balance. Mayor Larson understood, but he has been told that talking about the liquor stores at the dias is creating problems with sales because people think they are going out of business. Council has to be careful what we say up here. Like any other business, we need to look at the bottom line at the end of the year before we make any decisions. When it is not looking good, is when they are buying product and the numbers are skewed when Council sees them. Mayor Larson suggested Council be patient and wait until the end of the year and make comments and adjustments when we see the full story. Councilmember May mentioned the street light utility fee and did not understand how we are going to make up $25,000 ifwe did not bill for that amount of time. Either we will have to take the funds from somewhere else or look at a nominal increase to make that up. She did not understand how you can make up for two months of not billing. Finance Director Walters stated in December we bill for September, October, November. In January and February we are back billing as well. We are billing for three months each time. All of the revenues we are billing back to those other months will be included in 2010. Even though we are sending the bills out in 2011, that revenue will go back into 2010. Also, there will be expenditures, but not as much as revenue. In January and February we will receive additional revenue that may not cover that amount, but will come close. 15 Council Minutes (Regular) October 18,2010 Page 9 " Mayor Larson stated December 31, we will be in the hole, but after the next billing, we will be close. Finance Director Walters stated by the time we prepare the fmancial reports, we will have that revenue back dated to 2010, Councilmember Fogarty asked if that will break even. Staff replied we hope it will break even. Councilmember Fogarty asked ifwe made the street light utility fee the right amount. By the end of the year it should break even, or we are not billing the proper amount. Finance Director Walters was hoping it will come close, but felt it will not break even. Councilmember Fogarty asked if there will be a bigger deficit for 2011 and do we need to open this up and discuss it further or is it too soon to tell. Staff replied it is too soon to tell and it should be a smaller deficit than what it is now. Councilmember Donnelly stated on the budget summary it shows transfers out and asked if that is the transfers Council is referring to. Staff explained that is for the general fund only. Councilmember May had been talking about a transfer from the liquor store to the pool and that is not included. Councilmember Donnelly agreed with Councilmember May on the transfers. As far as the arena, and the pool he wants to know how much they cost. We have to pay the bills and it is hard to determine how much they cost. It is hard to know how much the liquor stores made, because we take money out and without transfers they made money. It all comes out the same in the end. We have to pay the bills. We will keep the arena and the pool open. We want to know how much they cost. It is hard to determine how much the arena and the pool cost to operate and how much the liquor store makes with this accounting system. Finance Director Walters stated the arena is not receiving any transfers and it is not transferring anything out. The liquor store transfers money to the pool. The pool without the transfer from the liquor store, could not survive. Councilmember Donnelly understood; the City will fund the pool. It is confusing to see what it actually costs. He would rather have it show as a negative. There will be revenue from somewhere else to use to pay that. He asked ifthere was an accounting rule that it has to be done this way. He would rather see the transfers more clearly than a note stating transfers each month. Councilmember Donnelly asked where we came up with the cost for the street light utility. City Engineer Schorzman stated we receive separate utility bills for the street lights. Councilmember Wilson stated every year we will run two or three months short with the street light utility because of the way it is billed. He asked ifwe are allowed to use funds that are billed for the previous year, but received in the upcoming year to account for the previous year, Staff confrrmed we can. MOTION by Fogarty, second by Wilson to approve the September 2010 Financial Report. APIF, MOTION CARRIED. 16 Council Minutes (Regular) October 18,2010 Page 10 i) Approve Bills Councilmember May had various questions on the list of bills: There was a payment to Yale Mechanical for $4,000 for equipment repair at the arena. She assumed a lot of the equipment was new, so she asked what was repaired. Councilmember Fogarty recalled it might be the heating system. There was a payment to Hentges for the Walnut Street project. Councilmember May asked how many payments are remaining and wanted to make sure all issues are resolved before fmal payment is made. City Engineer Schorzman stated there will be at least two more payments. One for additional work this fall and there will be a final wear course next year. Regarding the mat and cleaning services, Councilmember May asked if staff was obtaining bids for these services for next year. Administrative Services Director Shadick replied as far as the mats, we have moved to monthly service versus weekly service in all buildings. As far as cleaning services, staff is obtaining quotes, but not all have been received. The current contract is ongoing. MOTION by Fogarty, second by Wilson to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Delinquent Municipal Services Assessments - Finance Delinquent utility bills amount to $373,652.94. These may be paid by November 18,2010, to avoid certification to the taxes. Ms. Lacelle Cordes, 1405 Lower Heritage Way, noted the amount is $373,000. She was sure most of those have come in the form of home foreclosures. She asked if staff had a contingency plan to make up that money in the 2010 or 2011 budget. Finance Director Walters stated they will be certified to the taxes. When a property goes to foreclosure, the bank pays the taxes and the utility bills. There is a delay. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. Councilmember May stated the plan to certify the bills to the taxes is not a plan. As a banker, there is certainly a delay. The bank will want to delay it until the property is sold and that can be quite a long time. She was very concerned about this number. She asked if staff had an estimate of the percentage of the number still outstanding. Staff estimated half of them would be certified. Councilmember May saw an article about uncollected taxes in addition to utility billings. Eagan has a 2% increase in their levy that is specifically used as an allowance for potential uncollected taxes from property value appeals and delinquencies which are on the rise. They call it a prudent and conservative thing to do to prepare for this likely contingency. Other cities are doing the same. If 17 Council Minutes (Regular) October 18,2010 Page 11 the funds are untapped, then the plan is to use the funds for capital expenditures or to buy down. As Farmington has one of the highest foreclosure rates, Councilmember May felt we need more of a concrete contingency plan. This can be added to the budget discussion. We cannot bury our heads, or we will be short. Councilmember Fogarty asked staff to provide the percentage of delinquent accounts for the last two years. For new residents, if they purchased a property and received a delinquency notice for the utility bill, they should contact their title company. MOTION by Wilson, second by May to adopt RESOLUTION R59-10 certifying the delinquent accounts as a special assessment to the 2011 taxes ofthe appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Relating to Floodplain Overlay District, Wetland Solutions, Shoreland Management Regulations and Storm Drainage - Planning The Vermillion River Watershed Joint Powers Organization has made some minor changes to the Watershed Standards. One change is that a property in the Federal Farm Program as to comply with the Wetland Conservation Act rather than be exempt from those regulations. The second is that land cover conditions existing in 2005 need to be the base line for existing conditions in a runoff calculation and the numerical flow standards within the Vermillion River Watershed Joint Powers Organization Hydrologic Model of2009. City Attorney Jamnik explained the Wetland Conservation Act was changed, the Vermillion River Watershed Joint Powers Organization adopted the changes, now the City is next in line. Mayor Larson asked if this will increase the cost of development in the commercial area. Staff stated when the Vermillion River Crossings project went through it met all the guidelines of the DNR. All the storm water and ponding was prepared under those guidelines. There should be no increase in costs. City Attorney Jamnik felt this should be revenue neutral. What drives the cost is the location of replacement wetlands. These changes are technical in nature and do not affect the location of wetlands. MOTION by Wilson, second by Fogarty to adopt ORDINANCE 010-629 amending Sections 10-5-25, 10-6-17, 10-6-18, and 11-4-7 relating to Floodplain Overlay District, Wetland Standards, Shoreland Management Regulations, and Storm Drainage. APIF, MOTION CARRIED. b) Approve Pay Estimate #2 Pilot Knob Trail Extension Project - Engineering This is an additional item for the list of bills, This is to avoid a delay in paying the contractor. The total amount is $134,478.82. The County will reimburse the 18 Council Minutes (Regular) October 18,2010 Page 12 City for their portion of the project. MOTION by Fogarty, second by Wilson to approve Pay Estimate #2 for the Pilot Knob Trail Extension Project in the amount of$134,478.82. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS b) Adopt Resolution - Designation of CR64 - Engineering Part of the Joint Powers Agreement between the City and the County for 19Sth Street indicated the County would take over jurisdiction of the road. The County needs a request from the City to do this. Councilmember Fogarty asked if speed limit signs will be installed once this is approved. Staffhas been requesting this. Councilmember Wilson asked who will have the authority for winter and ongoing maintenance. Staff stated on a County road, the City is responsible for trail maintenance. The remainder of the responsibility is the County's. MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R60-10 requesting the County take over jurisdiction of 19Sth/190th Street, and authorizing the necessary right-of-way transfers from the City to the County. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Wilson: He took his Cub Scout group to a formal flag burning ceremony conducted by the Legion. He thanked the Legion for hosting this. Used flags can be taken to the Legion. Unless Council has any concerns, a year ago he brought up the idea that Rosemount has a Youth Commission. He will gather some information on this from the City of Rosemount. Councilmember Fogarty: Her daughter, Ashley Fogarty, was crowned Miss Minnesota High School Teen Representative. She will represent Farmington High School and the entire State of Minnesota at a national scholarship competition. Councilmember May: She was glad Ms. Cordes was still in attendance. She wanted to publicly say shame on me for the comment she made that she wanted to throw in the towel. It was more in frustration with the budget process, and an employee sitting here, and nerves. There were a lot of issues at that meeting. Ms. Cordes was right. When Councilmember May was elected, having some thick skin is part of the position. She is in it for at least two more years and will do what she can to represent the residents. She appreciated Ms. Cordes' comments. 19 Council~ures~gW~) October 18, 2010 Page 13 Mayor Larson: The Patriotic Day flyer will be posted on the City's website. There will be Warrior to Citizen dinners hosted by churches on the first Monday of each month. These will begin in November. Last Thursday he attended a wine tasting at Blondie's Tavern hosted by the Farmington Liquor Store, It was incredible and they learned about wines from France. As the holidays are approaching, he encouraged residents to talk to Liquor Store staff on wine selections. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 8:34 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 20