HomeMy WebLinkAbout11.07.11 Council Minutes
7a:.-
COUNCIL MINUTES
REGULAR
November 7, 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:
Audience:
Larson, Bartholomay, Donnelly, Fogarty, May
None
Andrea Poehler, City Attorney; David McKnight, City
Administrator; Teresa Walters, Finance Director; Randy Distad,
Parks and Recreation Director; Kevin Schorzman, City Engineer;
Brenda Wendlandt, Human Resources Director; Tony Wippler,
Assistant City Planner; Cynthia Muller, Executive Assistant
Zacharia Ailabouni, Jen Morical, Deb Richter, Tracy Giese, Ted
Novak, Randy Bach, Lenny Hall, Dave Metzger, Don Gamer, Rich
Schimmel
4. APPROVE AGENDA
Councilmember May noted staffwas going to check the totals on the list of bills.
MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Fogarty, second by May to approve the Consent Agenda as follows:
a) Approved Council Minutes (10/17/11 Regular)(10/24/11 Workshop)
b) Approved Fund Balance Policy Change - Finance
c) Approved School and Licensing - Building Inspections
d) Approved Appointment Recommendation Parks and Recreation - Human
Resources
e) Approved Appointment Recommendation Parks and Recreation - Human
Resources
f) Approved Enventis Contract for Dial Tone Phone Service - Human Resources
Councilmember May asked for more information on staff's conversations with
other providers. Staff is recommending extending the contract with the current
provider. Human Resources Director Wendlandt spoke with two different
vendors regarding the dial tone. One would provide more savings, but it does
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November 7, 2011
Page 2
require porting over the phone numbers and staff was not comfortable with
moving in that direction at this time. The City has had good service with Enventis
and they recently bought CP Telecom. Enventis lowered their rates for the next
year so staff can evaluate the service and if we can successfully port our numbers
over to a new carrier without a lot of labor costs.
g) Approved Pellicci Ace Hardware Commercial Rehabilitation Grant Application -
Economic Development
h) Acknowledged Receipt of Letter from AFSCME
i) Approved Bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Ordinance - Amending Zoning Defmitions, Zoning Map and
Floodplain Overlay District of the City Code - Planning
A flood insurance study was recently completed for Dakota County which
changes the floodplain line for some properties. Flood insurance rate maps will
be effective December 2,2011. Some properties will be included in the
floodplain and some will be removed from the floodplain. Property owners will
be notified by December 2, 2011.
Councilmember May asked about notifying the property owners and the fact there
is not much time for them to buy flood insurance. Assistant City Planner Wippler
stated the majority of the properties are in the downtown area by the Vermillion
River. Councilmember May asked if it was the City's responsibility to notify the
owners or FEMA's. City Engineer Schorzman explained everyone that is affected
by the map changes has been made aware of the process. The City is taking the
responsibility to notify people. There are a few left to contact. The ones who do
not have changes were contacted last winter and given copies of the information
from FEMA. He wanted to wait on the downtown properties where elevations
changed, to make sure the changes are final. MOTION by Fogarty, second by
Bartholomay to adopt ORDINANCE 011-640 approving the ordinance
amendment to sections 10-2-1, 10-5-1 and 10-5-25 of the zoning code. APIF,
MOTION CARRIED.
b)
Adopt Resolution - 2012-2016 Dakota County CIP - Engineering
The City's 195th Street project between Flagstaffand Diamond Path is included in
Dakota County's 2012-2016 CIP. Due to pavement condition and enhancements
identified in the transportation study, the County is interested in doing this
project. The project would include turn lanes with a 3-lane section for left turns,
shoulders and curb and gutter, trails along both sides of the road, a pedestrian
underpass at Meadowview Elementary from north to south, and a roundabout at
Pilot Knob Road and 195th Street. This project is included in staff s budget CIP
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November 7, 2011
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plan which is currently being discussed by Council. The City applied for $1.6
million offederal funding. If that is approved, the City's share of the project will
be $2.8 - $3 million. Ifthe federal funding is not approved, the City's share
would be $3.5 - $3.75 million. The County will fund 55% and the City 45% of
the cost. If the CIP is approved in the City's budget, the first two $400,000
payments were designated to cover the design and right-of-way costs on this
project. The construction of the project will be bonded whether Council approves
the CIP budget or not. If Council chooses not to approve the funding for the CIP
plan, then we would need to bond for the $800,000. Staff recommended Council
approve the project to be in the County's CIP. The project design would be done
in 2012, right-of-way and final design in 2013, and construction in 2014. If
Council does not want to approve the project now, then staff should be directed to
inform the County and the project will be removed from their CIP and the funds
would be used by the County for other projects.
Councilmember May asked ifwe say no, are we put on a schedule further out or
does it go away? City Engineer Schorzman stated staff can ask if the County is
willing to push it out to 2016 rather than 2014, but unless Council is willing to do
it within 2012-2016, it would free up the money, the County would use it for
other projects, and we would have to try to get back on the list. Councilmember
May noted 195th Street is a County road and the County is concerned about it, so
the project will not go away. It is a big number and we are not in a strong growth
mode. We have other budget constraints and we would be adding more to the
debt sooner. City Engineer Schorzman stated the debt for the construction part,
whether we go with the CIP plan or just this project, it was planned bonded debt.
The difference in bonding would be $800,000.
Mayor Larson asked how it affects our CIP plan if we delay the project. Staff
noted it depends on the ultimate direction of Council on the overall plan. As it is
included, it will not change the big picture; it will change when the debt is
incurred. Mayor Larson noted the biggest downfall would be construction costs
increasing.
Councilmember Bartholomay noted we are dealing with safety as well. He would
not throw out safety because the budget is tough right now Councilmember
Fogarty supported the project, as it is important to transportation.
Councilmember Donnelly asked if there was any consideration for a roundabout
at Flagstaff and 195th Street. City Engineer Schorzman stated it was not included
in this project as the study showed the need for that is further into the future. That
will be considered when there is a connection from Flagstaff to Cedar Avenue.
MOTION by Fogarty, second by Donnelly to adopt RESOLUTION R53-11
approving inclusion of construction projects in the Dakota County 2012-2016
CIP. Voting for: Larson, Bartholomay, Donnelly, Fogarty. Voting against:
May. MOTION CARRIED.
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c) Approve Request to Construct a Veteran's Memorial in Rambling River
Park - Parks and Recreation
Parks and Recreation Director Distad gave some background information on the
Veteran's Memorial Committee, various sites, etc.
Mr. Leon Orr stated the committee has been working on this for quite awhile.
They feel the purpose for a memorial is appropriate. The process has produced
the right product for installation at the west end of Rambling River Park. Mr.
Dave Metzger presented the reasons why a memorial is needed. Mr.Orr
explained the plan. The focal point is a replicate of a folded flag on top of a
concrete wall. Below the flag is a slanted granite tablet that will contain the
names, service branch and dates of Farmington area people killed in service. On
either side will be names of those injured in service. On pavers surrounding the
entire memorial will be the names of other veterans in the Farmington area. In
front ofthis will be a life size bronze statute of a saluting soldier with an
American flag and POW MIA flag flying on either side. The plan is to have this
installed by Veteran's Day 2012. The have launched a fund appeal, and will be
making presentations to various organizations requesting they support the
committee's efforts, soliciting donations from businesses and others in the
community. The model of the memorial was made by a Lakeville resident. They
have received a major donation of$10,000 from outside the community. The
location ofthe memorial is consistent with the master plan for Rambling River
Park. Mr. Ron Ersfeld stated this project is necessary for the community. Other
civic organizations are fully backing them. This memorial is something a lot of
residents have looked forward to and people are willing to work with them.
Councilmember May stated she is in support ofthe project and asked what is the
total anticipated cost and does it include the amount being requested of the City.
Mr. Orr stated the estimated cost is $189,000 plus 10% contingency which brings
it to $207,000. They are working on refming the costs. Councilmember May
asked if that total includes the sidewalk and lighting. Mr. Orr stated that is the
committee's cost for installing the memorial. There would be an ongoing
committee responsible for adding names or repairing any damage. As far as the
City's costs that is not included in the total. The committee sees this as a major
addition to a public community park. The City would have some involvement on
their own to accommodate it. Councilmember May stated her only issue is the
timing. We are still in budget discussions. She was in favor of the memorial, but
had issues with whether the City should dedicate certain amounts of money aside
from the land at this point.
Councilmember Bartholomay agreed it would be nice to have all the numbers, but
completely supports the project. Councilmember Fogarty also supported the
project. She noted we cannot bind future Councils, so picnic shelters and
restrooms will have to be in phase two with better economic times. She felt funds
could be found within the park and rec budget or the general fund for trails and
lighting. Councilmember Donnelly fully supports the project. The biggest share
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November 7, 2011
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of the costs outside of the picnic shelter would be 2012 money. He asked ifthere
are park funds available to support this. Parks and Recreation Director Distad
stated if the plan is approved, there is $125,000 earmarked for Lake Julia Park
improvements and beyond that there is another $100,000 in the park improvement
fund. Part ofthe electrical costs will benefIt the City as we have been trying to
upgrade the service on the west side for the shelter and tennis court lights. Staff
has received an estimate from Xcel for approximately $11,000 to run electrical to
a future service area south of the shelter where there will be a new panel and then
run new electrical lines to the tennis courts and shelter. From the new service, we
would have to put in underground wire to the memorial which runs another
$11,000 - $12,000. The overall electrical cost is about $33,000. Because Xcel
supplies the power, staffhas considered contacting Dakota Electric to work out an
arrangement to do the electrical to the memorial. Regarding the street lights,
there are opportunities to work with a local vendor to reduce the costs. The trail
would connect from the trail along hwy 50 to the parking lot in Rambling River
Park. Staff requested approval to allow the committee to go ahead with
construction in the park and then work out other details with lighting and
electrical and to work out costs. Those items would be in a more formal
agreement along with maintenance.
Mayor Larson also supported the project, but agreed we are not in a position right
now to designate funds because of timing. Councilmember May asked if the Park
and Rec Commission was willing to set aside those funds as it would have to be
an item in the budget for next week. Parks and Recreation Director Distad stated
there is a Park and Rec meeting this week where that can be discussed and he will
bring the commission's recommendation to the workshop.
MOTION by Fogarty, second by Bartholomay to approve the land located in the
west end of Rambling River Park and north ofCSAH 50 to locate Phase lA of the
Veteran's Memorial and construct the walkway from the existing path along hwy
50 through the memorial and to the west side of the parking lot. The lighting,
picnic shelter construction with restrooms and electrical service should be brought
back to Council once more information is received and feedback from the Park
and Rec Commission. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a) Approve Change Order #2 and Final Pay Request 2009 Trunk Utility Project
- Engineering
The project was awarded at the May 18, 2009, City Council meeting and these
items will fmalize the project. There is a cost savings based on a change of
construction method at a reduction of$2,000, and three items that adjusted the bid
quantities to the amount actually used on the project at a reduction of
$186,001.40. The fmal contract amount is $1,188,009.40. The final payment
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November 7, 2011
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amount is $9,900.09. MOTION by Fogarty, second by Bartholomay to approve
change order #2 for the 2009 Trunk Utility Project in the amount of -$188,001.40
and approve the fmal pay request for the project in the amount of$9,900.09.
APIF, MOTION CARRIED.
b) Approve Change Order #3 and Final Pay Request Walnut Street Project-
Engineering
This project was awarded at the February 16,2010 City Council meeting. Staff
has reviewed the seeding in the boulevards. The plan is to overseed and fertilize
the boulevards next year. This should resolve the issue as long as they are
watered. Residents will be notified ofthis plan. The material did meet the
specifications on the plan. There are four items on the change order:
- Additional walkway near New Heights Christian Church $452.03
- Additional hydrant extension $721.74
- Additional traffic control along TH3 as required by MnDOT $5,593.50
- Adjusting existing bid quantities to actual quantities used -$88,123.88
The total change order amount is -$81,356.61. The fmal contract amount is
$1,823,102.86. The fmal payment to the contractor is $1,169.49.
Councilmember May asked if the work to be done next spring is included in this
amount. City Engineer Schorzman stated the overseeding next year will be done
by City staff. That money is still available in the project. The bond amount was
approximately $2.4 million. Councilmember May asked after a project is
completed, when do the excess bond funds go back to the bond. Finance Director
Walters explained once the project is completed, the money is transferred. The
City Engineer will inform fmance once the project is complete which will be done
after the seeding next year. City Administrator McKnight noted staff has also
been in contact with Mr. Rotty regarding his driveway. Councilmember May
asked if there is an advantage to getting the excess funds paid towards the bond.
Finance Director Walters stated right now we cannot pay it towards the bond,
because you cannot pay the bond early. In the spring, the capital projects fund
will be closed and transferred to the debt service fund. We could utilize the funds
to pay the annual bond payment so you would not have to levy as soon for the
Walnut Street payment. There would be enough for a couple years.
Councilmember Donnelly noted we cannot use the excess bond money for
anything else; it can only be used for debt service. There is a pre-payment penalty
and you have to pay according to the schedule. If we refund, we can refund at a
lower level and then use the excess amount. You have to bond for a little more
than the project, to make sure costs are covered. MOTION by Bartholomay,
second by Fogarty to approve change order #3 for the Walnut Street
reconstruction project in the amount of -$81,356.61 and approve the fmal pay
request for the project in the amount of$I,169.49. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
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November 7, 2011
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Councilmember Fogarty: Winter parking is in effect, so no parking on the streets
overnight. Thanked those involved with Patriotic Day. We served over 1200 meals and
it was a fantastic program.
Councilmember Bartholomay:
how things impact the budget.
Thanked Councilmember May for her questions on
Councilmember May:
who organized the event.
Patriotic Day was a fun event and congratulations to those
City Administrator McKnight: The City is accepting applications for boards and
commissions for 2012. Applications are available at City Hall or on the website and are
due December 30, 2011. Staff proposed to hold interviews on January 9, 2012. This
Saturday is the Fire Department's Turkey Bingo at Fire Station I.
Mayor Larson: Veteran's Day is Friday and the American Legion will be having a
breakfast for veterans. Patriotic Day was a fun event and a great way to volunteer. He
urged residents to support Farmington businesses.
14. EXECUTIVE SESSION
a) Preliminary Consideration for Purchase of Property at 416 Elm Street
MOTION by Fogarty, second by Bartholomay to adjourn into Executive Session
at 8:10 p.m. APIF, MOTION CARRIED.
15. ADJOURN
MOTION by Fogarty, second by Donnelly to adjourn at 9:05 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Cynthia Muller
Executive Assistant