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HomeMy WebLinkAbout07.18.11 Council Minutes 7 a:.. COUNCIL MINUTES REGULAR July 18, 2011 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: Larson, Bartholomay, Fogarty, May Donnelly Joel Jamnik, City Attorney; Kevin Schorzman, Interim City Administrator; Teresa Walters, Finance Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Nancy Pierson, Jeff Hootman, Shelly Eldridge, Amanda Van Binsbergen, Gaye Smith Audience: Mayor Larson called for a moment of silence for City employee Mike Nibbe. 4. APPROVE AGENDA Councilmember Fogarty pulled item 7i) On-Sale Liquor License Amendment LongBranch and Gossips for discussion. Councilmember Bartholomay pulled item 71) Bills for discussion. MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Quick-Serv Ms. Gaye Smith with Quick-Serv provided an update on the license center. During the State shutdown, Quick-Serv has been operating in St. Paul and has received a number of Farmington residents coming to their office. They tell residents that hopefully the Farmington office will open soon. Quick-Serv is willing to open in Farmington even with limited services whenever Council is ready. b) Dakota Communications Center Update Ms. Diane Lind, with DCC, gave highlights of 20 1 0 and an update for 2011. Residents should call 911 for emergencies and non-emergencies. 6. CITIZEN COMMENTS Mr. Jeff Hootman, 19484 Embers Avenue, stated his property backs up to Autumn Glen pond at Embers Avenue and 19Sth Street. Over the past year since 19Sth Street continues 4 Council Minutes (Regular) July 18, 2011 Page 2 to hwy 3 the traffic has picked up. Along with that, word has gotten out about the storm water pond and someone as stocked fish in the pond. Staff was not aware of who has done this. There is a lot of parking on 19Sth Street and people crossing to the pond to fish. Littering is being left on the shoreline and in the water. Mr. Hootman was concerned about the shoreline. There are signs posted around the pond saying it is a protected natural area. There are wildflowers and grasses planted along the shoreline to keep the shoreline stable. From ice fishing in the winter to using the pond in the summer, people have trampled the grasses and wild flowers and it is down to bare dirt. It starts at 19Sth Street, through the ditch, up to the asphalt path around the pond and down to the pond. It is a shame for the residents who live there as well as those who bike and walk around the pond. He thanked the City for giving residents this beautiful area to enjoy. He and his neighbors are concerned about what will happen with the area with so many people coming to the pond with canoes and kayaks and kids crossing 19Sth Street to the pond. He was not sure about an ordinance regulating boaters on the pond. A mother dropped off two small boys, inflated the boat and left them. Mr. Hootman would like to see this area protected. There is also a tree broken down and it is lying in the pond. He would like to see the area protected for residents for many years to come. Mayor Larson was aware staff is in the process of developing an ordinance. City Engineer Schorzman stated staff has been looking at a storm water pond ordinance. One of the balances is people view storm water ponds in different ways. Some appreciate the natural beauty and want to preserve that. Others back up to a pond and want to use it. In the near future it would be good to get a consensus from Council on what direction we should go. Mr. Hootman stated the neighbors who back up to the pond try to take care of it by pulling out buck thorn and picking up litter. They realize the City budget does not allow for that. He was confused because there is a sign posted in his backyard regarding no mowing or cutting allowed. Ifthis is the case, why do we allow people to trample them down? Councilmember Fogarty thanked Mr. Hootman and residents for maintaining the area. It will be challenging to not allow people to fish and do recreation in the pond. Across 19Sth Street, the developer marketed the storm water pond as a lake, so the owners think they can use it. We may have to come up with an accommodation that allows people to fish without doing damage. Mr. Hootman agreed and suggested having one path to the pond. Mr. Hootman asked if Farmington has a code enforcement officer, or are there plans to have one so residents are more clear on what can and cannot be done with properties. Staffwill provide Mr. Hootman with a written response. Ms. Beve Preece, 300 Spruce Street, thanked the Fire Department for responding so quickly to a false alarm. She also thanked the Police Department because she used her cell phone to call the non-emergency number from Depot Way Arts Park and there was no address, but they did respond. There has been damage to artwork in the park. Several paintings have been destroyed and there has been graffiti. She repaired one piece of artwork and it was damaged again. The Police suggested one way to control this is to 5 Council Minutes (Regular) July 18, 2011 Page 3 have residents call 911 immediately if they see something suspicious going on. The canine officer can come out and trail them. This is something residents can do to keep the City beautiful. We have many residents walking through the park and they comment on the beauty, but right now it is not good. She hoped to be placing new art in the park, but may not have as many new pieces because of having to replace some. She asked residents to respond when they see something happening. There are cameras and some violators were caught at 2:30 a.m. Do parents know where their children are? 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes (6120/11 Regular)(6/24/11, 6/29/11, 7/5/11, 7/11/11 Special) b) Adopted RESOLUTION R32-11 Accepting Donations Spring Skate Festival- Parks and Recreation c) Adopted RESOLUTION R33-11 Accepting Donations 2011 Dew Run - Parks and Recreation d) Approved School and Conference - Parks and Recreation e) Received Information Second Quarter 2011 New Construction and Population Estimate - Building Inspections t) Approved Appointments Economic Development Authority and Water Board - Administration g) Approved Appointment Recommendation Lieutenant - Fire Department h) Approved Appointment Recommendation Rescue Squad - Fire Department j) Adopted RESOLUTION R34-11 Accepting Donation Pollution Prevention Day Dakota Electric - Municipal Services k) Adopted ORDINANCE 011-635 Amending Defmition for Public and Private Schools - Planning APIF, MOTION CARRIED. i) Approve On-Sale Liquor License Amendment LongBranch and Gossips - Engineering Mr. Ken LaBeau wants to place tables on the sidewalk in front of his business. Councilmember Fogarty asked if it was a public or private sidewalk, how can they rope off part ofthe sidewalk, what kind of hours, and what is the intent. She doesn't want it to interfere with other businesses. We will have a brand new dental clinic next door and she was concerned patrons may have trouble getting there. She was not sure the sidewalk is wide enough to hold people and tables. Councilmember Fogarty asked if the purpose was for patrons to be able to have a cocktail and smoke outside. Perhaps we can limit the hours so it will not interfere with other businesses. She asked if they need it for both businesses or just one. Councilmember Bartholomay had these same questions. Councilmember May wanted to know what the Farmington Business Association would say as there are other businesses that may want to do something on the sidewalk. MOTION by Fogarty, second by Bartholomay until staffhas time to research answers to the questions. APIF, MOTION CARRIED. 6 Council Minutes (Regular) July 18, 2011 Page 4 I) Approve Bills Councilmember Bartholomay had several questions on the bills. There are two rodent control companies listed and he felt we may get a cheaper deal going with one company. Councilmember May asked if there was a difference in the two companies. Finance Director Walters stated we do not have a central purchasing area. Some cities have a Central Purchasing Agent that deals with all purchases for the City. Each individual Department Head looks for the best service at the best cost. Councilmember May asked for her opinion on a central purchasing area. Finance Director Walters felt it could save money to have this and has seen it in larger cities. Small cities do not have this. It defmitely can save money to have someone look at those services if they have the time. Councilmember May suggested this be discussed with the new City Administrator. Councilmember Bartholomay noted we have bills from Frontier and Charter. Human Resources Director Wendlandt explained Charter does have all our analog lines except for a well site that controls the alarms and the Police Department fax which are handled by Frontier. Councilmember Bartholomay asked if we were having problems with the pool as there are a lot of line items associated with pool repairs. Finance Director Walters was not sure if there were issues or if this was normal with opening the pool. Councilmember Bartholomay was okay with these bills as long as we are within budget. Regarding program fees, he asked if Council could receive a list ofthe programs and how much they are making. He sees a lot of programs and hears from residents that some are not making money. Councilmember May stated when it comes to programs all Council sees are the bills and not the revenue side. Staff will provide a report. Councilmember Bartholomay asked about data processing bills for two months worth $30,000 for LOGIS for software. Human Resources Director Wendlandt stated this is normal. The City is billed monthly from LOGIS for permitting software, fmance, HR payroll, and police software. There is a monthly maintenance charge that pays for upgrades and support. There are miscellaneous costs under data processing that covers renewal of MicroSoft licensing. We get a better deal through LOGIS. Councilmember Bartholomay asked ifwe could go out for RFP. Staff noted it would cost a lot more. For permitting software, LOGIS buys the software and then allocates charges back to the cities using that software. We also pay for some research and development if software has to be modified to fit a specific need. Interim City Administrator Schorzman noted this list of bills is for an entire month as we did not have another Council meeting in July. 7 Council Minutes (Regular) July 18, 2011 Page 5 Councilmember Bartholomay asked about the bill for Lindstrom Restoration for $35,665. Finance Director Walters stated there was water damage at the Police Station. The City has a $10,000 deductible. We have to pay the contractor and then we are reimbursed by the insurance company less the deductible. Councilmember May asked about the company that was chosen and if the repairs are over a certain amount, do we go out for bid. Interim City Administrator Schorzman stated the Police Chief handled getting quotes for the work. Councilmember May asked if any type of maintenance work should go through building maintenance. Interim City Administrator Schorzman stated they do maintenance, but do not rip out sheetrock and replace tile. Councilmember May understood, but this is related to a central purchasing area. When things happen, there should be a person to work with vendors as they may have more expertise with companies that do that type of work. Interim City Administrator Schorzman stated that can be discussed, but even with central purchasing you will still have the contact person be the one who spends the most time in the building. The Police station is a secure building. Councilmember May disagreed as whoever is in charge of building maintenance would be in charge ofthat type of work. She would not expect the Police Chief to be concerned with that. Councilmember Bartholomay asked about the bill for Lamettrys Collision Lakeville. Finance Director Walters explained it was an insurance claim for a City vehicle. Staff will check on the department. Councilmember Bartholomay noted there is a lot of rental equipment and asked if it is more expensive to rent than to buy if we use it every year such as a hedge trimmer. Finance Director Walters agreed there is some equipment we need to look at. Because staff has been prohibited from buying anything, equipment has been rented. Councilmember May stated all employees have to do is ask about buying rather than renting. Councilmember Bartholomay noted there are a lot of charges to Pellicci Hardware. He asked ifwe are just running to Pellicci's or being cost effective. Councilmember May stated it hasn't been the dollar amount it is the number of trips. At times it is a full time equivalent. She asked that staff look at ways to be productive. She recalled an explanation was that staff cannot stock everything, but maybe it is a matter ofplanning. She realized there are things that come up, but felt there is room for improvement. Interim City Administrator Schorzman suggested this be a topic for a workshop. Staff does discuss this regularly to make sure we are as efficient as possible. Mayor Larson stated he has worked for companies and this is not unusual. You cannot predict when something will break. He suggested working out a delivery service with Pellicci's and maybe that would be cheaper than staff running after it. Mayor Larson asked about the bill for Prairie Restoration and asked staff to make sure we are getting the best product for our money. He noticed there are a lot of weeds. He asked that the areas be assessed and determine if we are getting what 8 Council Minutes (Regular) July 18, 2011 Page 6 we pay for. City Engineer Schorzman stated he and natural resources meet each season to determine what can fit into the budget and what needs the most attention. Councilmember May recalled there was a time frame to look at the natural area around the Police Station. She felt it still is not working and would look better mowed. Councilmembers agreed it would be better mowed. MOTION by Bartholomay, second by May to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Audit Firm Selection - Finance Staff received eight proposals for auditing services. The company chosen was the low bidder, Smith, Schafer & Associates and is a very good auditing fIrm with many years of experience. The annual fee for the 2011 audit is $27,470 with subsequent years at $28,245 and $29,195 respectively. This is a savings of $12,890 over three years. MOTION by Fogarty, second by May to approve Smith, Schafer and Associates as the City's auditors for a three year engagement beginning December 31,2011, at the proposed price. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Authorizing Bond Sale, Refunding Bonds - Finance Ms. Shelly Eldridge, Ehlers & Associates, proposed refmancing the 2003A special assessment bond resulting in a savings of over $100,000 through the life of the bond which is $10,000 - $15,000/year. The levy would be reduced by this amount. The City has been rated AA- in the past and she does not expect that to change. New interest rates are estimated to be .45% - 2.25%. MOTION by May, second by Fogarty to adopt RESOLUTION R35-11 providing for the sale of $2,450,000 General Obligation Improvement Refunding Bonds, Series 2011A which replaces General Obligation Improvement Bond 2003A. APIF, MOTION CARRIED. b) Amend Ordinance Approving Electrical Inspections - Planning Staff presented an ordinance to move away from the State providing electrical inspections services and have this handled by the City. The current State shutdown has prompted this and staff is proposing to make this ordinance permanent. Previously, the City collected the money, sent it to the State, the State took 25% and gave the inspector 75%. Staff is proposing collecting the money, the City keeps 25% and the inspector receives 75%. The City would be using the same inspector as the State used. This would remove the control of higher government and maintain the control at the City level. With the CDA senior building the City will receive $2,000 - $4,000 with this new ordinance. References to the state shutdown will be removed from the proposed ordinance. The City is now at the size to keep an electrical inspector busy. 9 Council Minutes (Regular) July 18, 2011 Page 7 Councilmember May asked if it has to be with this person. City Engineer Schorzman recommended staying with this person because of the change. Once the contract expires, we can bid out the service. Councilmember May asked if we can have three or four inspectors to spread the work around. Staff replied we could, but would prefer to look at that after the contract expires at the end of 2012. City Attorney Jamnik stated you don't want someone inspecting that does work within the community. You want a separation so there is not a vested interest in the work. With this person you do have a segregation from the community. The City can look at a pool of companies and you do not need to go out for bid for professional services. We do usually use an RFP process, but it does not need to be the low bidder. City Engineer Schorzman noted there will be a number of cities doing this. Councilmember May suggested when the contract is up staff should work with other cities to form a pool. Staff agreed. MOTION by Fogarty, second by Bartholomay to adopt ORDINANCE 011-636 with the recommended changes to amend the City Code to allow a licensed electrician to perform electrical inspections with the City's building permit process. APIF, MOTION CARRIED. c) Approve Electrical Inspections Contract - Planning This contract puts the above ordinance in place. The contract is between the City and Midwest Electrical Technologies, Inc. with Mr. Michael Hawke as Electrical Inspector. The contract expires December 31,2012. MOTION by Bartholomay, second by Fogarty to approve the contract for professional services for inspection of electrical installations. APIF, MOTION CARRIED. d) Amend Fee Schedule - Electrical Inspections - Planning This is to add electrical inspection fees to the City's fee schedule. MOTION by Bartholomay, second by Fogarty to adopt ORDINANCE 011-637 amending the 2011 fee schedule to include fees for electrical permits. APIF, MOTION CARRIED. e) Adopt Resolution - Farmington SeedlGenstar AUAR Update - Planning The original AUAR was adopted in 2002 and updated in 2006. It is a State requirement that this document be updated every five years until development is complete. The reason for the updates are to note any changes that have been made in the area. This covers the entire Fairhill property. Changes to the area include the roundabout at TH3, 195th Street is now built, and the North Creek remeandering is done. MOTION by Fogarty, second by May to adopt RESOLUTION R36-11 approving the AUAR update for the Farmington Seed/Genstar property and authorizing distribution to reviewing agencies and other interested parties. APIF, MOTION CARRIED. 10 Council Minutes (Regular) July 18, 2011 Page 8 11. UNFINISHED BUSINESS a) Approve City Administrator Employment Contract - City Attorney City Attorney Jamnik presented the Employment Agreement for the new City Administrator, David McKnight. Vacation and sick leave have been combined into Paid Time Off at a maximum of 320 hours the same as will be proposed for other employees. The rest is consistent with previous contracts. Councilmember Bartholomay asked about the PTO that the 19 days are accrued annually. City Attorney Jamnik felt that can be noted in the transmittal letter. Councilmember Bartholomay saw a document stating 320 days instead of320 hours. City Attorney Jamnik noted that was a typo and has been corrected. Councilmember Bartholomay did not like open ended contracts. City Attorney Jamnik stated there isn't a term on any employment relationships. You may terminate any employee, other than union, at will. MOTION by Fogarty, second by Bartholomay to approve the Employment Agreement with David McKnight. APIF, MOTION CARRIED. Mr. McKnight will start August 29, 2011. b) Approve Paperless Council Meeting Option - Administration At the June 20, 2011, Council meeting, it was discussed to move towards paperless Council meetings. Council did indicate a desire to do this with the City supplying the equipment necessary for that change. Council has requested information be provided related to the cost of the current paper format including staff time. The total annual cost to produce and distribute paper agenda packets to Councilmembers is estimated at $4,000. The staff time amount will not be reflected as a decrease in the budget, as staffwill be doing other things. It is an efficiency savings, not a monetary savings. The equipment costs for Ipads and laptops were provided. Council chose the least expensive option of Ipads without 3G at a cost of $2,995 for five Ipads. This will be City equipment and will be left with the City at the end of Councilmembers terms. There is money in the 2011 budget for this item, so staffwill order them as soon as possible. MOTION by Bartholomay, second by Fogarty to purchase the Ipads without 3G with 32 gig. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE City Attorney Jamnik: The lawyer regarding the Tim Burke case found prosecution is not necessary. The prosecution legal bill will be less than $1,000. Interim City Administrator Schorzman: The Parks and Recreation Commission would like to have a park tour with Council. Council set August 29, 2011, from 6:00- 8:00 for a tour of parks. Interim City Administrator Schorzman asked about scheduling another budget workshop. Council set this for July 27, 2011, at 3:30 p.m. to include Council, Interim City Administrator Schorzman, and Finance Director Walters. 11 Council Minutes (Regular) July 18, 2011 Page 9 Regarding the passing of Mr. Mike Nibbe, staff did lose a co-worker this week. He touched a lot of lives. His family shared that his final request was to be laid to rest in his City of Farmington shirt and Schmitz-Makijacket. This is very special and speaks to his dedication to the City. He will be sorely missed. Councilmember Bartholomay: There is a GROW Farmington meeting on July 21, at 5:30 p.m. and he encouraged residents to attend. He also asked about bringing the license center back to a Council meeting to provide partial services. Mayor Larson and Councilmember Fogarty agreed, Councilmember May was not in favor of this. This item will be discussed at the budget workshop. Mayor Larson: Mr. McKnight's Employment Agreement was approved tonight. Mayor Larson stated City Engineer Schorzman has done a great job filling in during the interim. He thanked him for his services and to continue the good work until Mr. McKnight starts. There is a new ice cream shop, Cow Interrupted, on Third Street. They have a very good selection. He encouraged everyone to shop locally and support the businesses we have. Profits from the Farmington liquor store stay in the community and help to reduce taxes. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:59 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12