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HomeMy WebLinkAbout01.18.11 Council Minutes 7 a... COUNCIL MINUTES REGULAR January 18, 2011 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. Swearing-in Ceremony Christy Fogarty was sworn-in for her third term as a Councilmember. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop 118 led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Bartholomay, Fogarty, May Donnelly Peter Herlofsky, City Administrator; Brenda Wendlandt, Human Resources Director; Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant Jim Merle, Sonia Fuerstneau, David Hartnett, Tom Wolter 4. APPROVE AGENDA Councilmember May pulled item 7j) Approve Bills and wanted to comment on 7b) 2010 4th Quarter Building Permit Report. Councilmember Bartholomay wanted to comment on 7d) Approve Appointments to Boards and Commissions and 7e) Accept Donation Depot Way Arts Park. City Administrator Herlofsky added item 7k) Approve Pay Equity Report. MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Response to Sonia Fuerstneau and AI Cooper Ms. Sonia Fuerstneau, 5997 188th Street W, stated since the last meeting, there have been additional incidents where they have reported some violations ofthe snowmobiling ordinance to the Police Department. There were four incidents over the three-day weekend. They did receive a letter from Police Chief Lindquist regarding his meeting with the Farmington Sno-Tigers and information on their website. Ms. Fuerstneau noted on the Sno- Tigers website, they do not have information about where to access the trails, only trail maps. Also, their link to the City ordinance does not work. She has reported the last four violations which she directly observed. The issue is a section ofthe ordinance under operation restrictions, 6-8-3b, which is very vague. She read the ordinance with guidelines for snowmobiles when traveling from one site to another. Their driveway and the dead end access to the field is the same thing, therefore, they 31 Council Minutes (Regular) January 18, 2011 Page 2 have a safety concern. There is an access at 190th Street and Everest Path which is three blocks from the snowmobiler's home. On 188th Street there are three houses that each have two sleds so that is a total of six more sleds. They go to 190th and Everest Path to enter the field. The snowmobiler causing the violation was also using that access in previous years. Ms. Fuerstneau felt in order to reach a resolution, the vagueness of the ordinance needs to be addressed. Many snowmobilers do access the field from 190th and Everest Path and she felt that loosely is akin to an alley. The snowmobiler is stating they are using the most direct path according to the ordinance. They are choosing the pieces of the ordinance they want to follow. They are entering and returning from the field on varying sides of the street, not single file, and coming over the dead end. She requested Council assistance with clarifying the ordinance. She felt it is a safety concern. She would like a specific number of feet placed in the ordinance from driveways to access points. 7. CONSENT AGENDA MOTION by May, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (1/3/11 Regular) b) 2010 4th Quarter Building Permit Report - Building Inspections Councilmember May asked when the census numbers will be received. Staff stated they will be received in April. Once they are received, Councilmember May would like it placed on the agenda to compare our system for population counting. c) Approved Beer License Dunn Brothers - Administration d) Approve Appointments to Boards and Commissions - Administration Councilmember Bartholomay thanked those who volunteer to serve on these boards. Regarding the vacant seat on the Parks and Recreation Commission, he asked how many have applied. No applications have been received. Councilmember Fogarty noted the person who held that seat is willing to keep serving until the seat is filled. e) Adopted RESOLUTION R4-11 Accepting Donation Depot Way Arts Park- Parks and Recreation Councilmember Bartholomay thanked nT Powdercoating for their donation and Don Hayes for contacting them. The donation consisted of repair to the blue horse sculpture in the Depot Way Arts Park. f) Approved Appointment Recommendation Parks and Recreation (Liquor Operations) - Human Resources g) Adopted RESOLUTION R5-11 Approving AFSCME Clerical, Technical and Professional Unit Settlement - Human Resources h) Adopted RESOLUTION R6-11 Approving AFSCME Maintenance Unit Settlement - Human Resources Councilmember May acknowledged that through negotiations the employees have agreed to no pay increase. She wanted to note that Council appreciates that during these difficult budget times. She was looking forward to reviewing more viable benefIt compensation options that may be more percentage based in the 32 Council Minutes (Regular) January 18, 2011 Page 3 future. She appreciated the negotiations that were done and thanked all the employees that do a fme job in our City. i) Received Information 2010 Annual Report - Fire 'Department k) Approved Pay Equity Report - Human Resources APIF, MOTION CARRIED. j) Approve Bills Councilmember May had a question on the recycling bills. The recycling portion ofthe garbage bill includes the fees the City pays. She asked how often we evaluate what we charge versus what we have to pay. City Administrator Herlofsky noted it is reviewed during the budget process. Councilmember May asked what percent ofthe recycling bill is added for administration charges. She would like to know the formula used in calculating that portion of the garbage bill. Councilmember May asked about the Pellicci Hardware bill. There is a business unit description of general fund balance sheet. She asked what that is and when it is used. This particular bill was for Toys for Town. City Administrator Herlofsky noted there is a separate fund for Toys for Town. Councilmember May asked about the payment to the Farmington High School for the spectator admission. She asked who staffs the admissions at the arena. City Administrator Herlofsky noted the City staffs that position. Councilmember May could not recall ifthe City collected the money or the school staff and asked about the process. City Administrator Herlofsky stated we bill a new fee to cover all of our costs and all of the admissions go to the school district. Councilmember May wanted to know the dual control for that process and any audit issues. Councilmember Bartholomay asked if the City pays lobbying fees. City Administrator Herlofsky replied we pay lobbying fees through the League of Minnesota Cities. Councilmember Bartholomay asked ifwe have looked at having a central purchasing person in the City to make purchases. City Administrator Herlofsky stated we use local suppliers and Administration coordinates office supplies. MOTION by Fogarty, second by Bartholomay to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Wine License Dunn Brothers - Administration Dunn Bros. Coffee located at 20700 Chippendale W. #1, has applied for a wine license. MOTION by Fogarty, second by Bartholomay to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to approve an On-Sale Wine License for Dunn Bros Coffee. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 33 Council Minutes (Regular) January 18, 2011 Page 4 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Riverbend 4th Addition Preliminary Plat - Planning Mattamy Homes has submitted a plat for Riverbend 4th Addition. This plat covers the northern 11 acres of the Riverbend subdivision. It is surrounded by Pilot Knob Road, Dakota County Estates, and Meadow Creek. Dunbury Avenue is the main access to the subdivision. The plat consists of31 single family lots and four outlots. This was originally platted in 2005 and is are-plat of River bend 2nd Addition. The road and lot configurations have been changed. Outlot C in Riverbend 2nd Addition had been set aside for a county right-of-way which is no longer needed. Lot sizes are consistent with the R-2 zoning. Dunbury Avenue will branch off into two cul-de-sacs. There will be an 8 ft wide trail on the east side of Dun bury Avenue. There will be a 10 ft wide trail on the north side of Duncan Circle that goes between Lot 20 and Lot 1 and connects to another trail on the east side of the development. The trail on the east side will be part ofa Dakota County regional greenway. Approval is contingent on: 1. Approval of the construction plans for grading, stormwater and utilities by the Engineering Division. 2. The vacation of the right-of-way for Dunbury Avenue north of Duncan Circle and Duncan Court as platted in the Riverbend 1 st Addition. Councilmember May asked if there were any roads to the west stubbed in to a county road. Staff noted there is a stub road from 180th Street. Whether it will connect to a county road depends on the development in Lakeville. Councilmember Fogarty noted our trail system is one of our best assets. She noted there are 7-8 homes that will be affected by the eastern trail. The trails will be installed prior to the homes. She asked if the development could be used to monitor the wear on the trails during the construction process. MOTION by Fogarty, second by Bartholomay to adopt RESOLUTION R7-11 approving the Riverbend 4th Addition Preliminary Plat subject to the above conditions. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Deputy Registrar Update - Administration City Administrator Herlofsky stated we are close to reaching an agreement and hope to have something in place in February. Councilmember May asked if these outside Deputy Registrar firms could lease other space downtown. City Administrator Herlofsky noted the arrangement with the State notes that the office has to be in the City Hall. Councilmember May asked that the statute be forwarded to Council. 12. NEW BUSINESS 34 Council Minutes (Regular) January 18, 2011 Page 5 13. COUNCIL ROUNDTABLE a) Franchise Fee Discussion - Mayor Larson He requested staff bring the franchise fee information to the February 14, 2011, workshop for the purpose of funding seal coating. Councilmember Fogarty stated when we agreed to not do seal coating for 20 I 1, she recalled Mayor Larson and Councilmember May had further questions and suggested those questions be given to staff so they can prepare for the workshop. b) Council Attendance Community Expo - Administration The Community Expo will be held January 29,2011, at the high school from 9:00 a.m. - noon. Councilmember Fogarty: She was absent from the last meeting because she was in Florida with the varsity cheerleading team. They won a competition and were awarded with the chance to cheer at the Capital One Bowl on New Year's Day. They were fantastic. She thanked the residents of Farmington; it was an interesting election year. There are three new School Board members, a new Councilmember, and a new State Senate. She thanked the residents for trusting her with a third term for the City. She will continue to work hard and do her best to serve the residents well. Councilmember Fogarty and Mayor Larson attended a legislative meeting last Friday to meet the new legislators. There was a resounding statement from Dakota County making sure the new representatives know we are fed up with mandates. The Pay Equity Report on the Consent Agenda tonight is an example ofan unfunded mandate. We do not get money from the State, market value homestead credit, or local government aid. Yet we continually see mandates. Councilmember Fogarty wanted to set an Economic Development workshop for March 14,2011, to talk about the EDA budget deficit, strategic planning to attract businesses, and discuss ideas from Councilmember Bartholomay. Farmington has been featured in a news article on the U.S. Department of Defense website regarding our status as a Yellow Ribbon City. Councilmember Bartholomay: Thanked everyone who attended the VFW Steak Fry on Saturday. The food was fabulous. There will be another steak fry in February for the Boy Scouts. He thanked the Fire Department for the invitation to their Annual Meeting. He was surprised at the amount of certification the fIre fighters go through. He was proud to live in a City with such capable people protecting us. We are lucky to live in a City with great training and great people representing us in the Fire and Police Departments. He thanked both departments for protecting us and doing what is necessary for Farmington. 35 Council Minutes (Regular) January 18, 2011 Page 6 Regarding workshops, he would like to utilize them for items requiring a lengthy discussion. He received a couple calls on the 5 minute rule for citizen comments and residents have expressed some concern. He asked if Council could revisit that. He felt each resident should be respectful to the amount of time being committed by everyone. Mayor Larson stated during his fIrst year he would let residents take whatever amount of time they needed. Unfortunately, there were some people that disrespected the microphone and talked for a halfhour or more. Councilmember Fogarty received complaints about that happening and that Council need to take control of the meeting. Council agreed to stay with the five minute rule. Councilmember Bartholomay asked if Council could receive a copy of the CAP-X report for the Fire Department. After seeing the list of vehicles in their report, there will be several vehicles needing replacement in the next few years. He thanked staff for the numbers on the cost of copying Council packets. Councilmember May: Regarding transfers from other funds, particularly from the liquor store, she asked that the Finance Director address Council about doing this during the year rather than at the end of the year. Councilmember May would prefer only doing transfers at the end of the year. Iftransfers are done more frequently, perhaps they could be done on a quarterly basis so they are easier to track. City Administrator Herlofsky stated with accounting, the most important thing is consistency. Staffwill come back with a recommendation. Councilmember May thanked the Fire Department for a great event. They are an amazing group. City Administrator Herloftky: Fox Sports will be showing the Farmington hockey game with Red Wing on Thursday. Council was given a copy ofthe City Administrator's evaluation form. A formal note will be coming from the City Attorney. The forms should be sent to the City Attorney. Mayor Larson: Almost every business is present at the Expo on January 29, at the high school and he encouraged residents to attend. He thanked the Fire Department for the invitation to the Annual Meeting. He urged residents to shop locally. Ifwe want more businesses, we have to support the ones we have. In February, the liquor store will have a new style for the wine tasting event. 36 Council Minutes (Regular) January 18, 2011 Page 7 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 7:58 p.rn. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 37