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HomeMy WebLinkAbout01.03.12 Council MinutesCOUNCIL MINUTES REGULAR JANUARY 3, 2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson, Bartholomay, Donnelly, Fogarty Members Absent: May Also Present: Andrea Poehler, City Attorney; David McKnight, City Administrator; Teresa Walters, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Cynthia Muller, Executive Assistant Audience: Larry White, Larry Werner, Chad Hjellming, Jim Kris Schmitz Mayor Larson called for a moment of silence for Mr. Louis Schmitz who passed away on December 30, 2011. 4. APPROVE AGENDA Councilmember Bartholomay pulled item 7j) Bills for discussion. MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes (12/19/11 Regular) b) Approved School and Conference Engineering c) Received Information Boards and Commissions Attendance Administration d) e) 0 g) Adopted RESOLUTION R1 -12 Approving Gambling Premise Permit Fire Fighters Relief Association Administration Adopted RESOLUTION R2 -12 Approving Gambling Event Permit Southern Dakota County Sportsmen's Club Administration Received Information School and Conference Economic Development Adopted RESOLUTION R3 -12 Accepting Donation to Youth Scholarship Program from Rotary Club of Farmington Parks and Recreation 4 7 Council Minutes (Regular) January 3, 2012 Page 2 h) Adopted RESOLUTION R4 -12 Approving 2012 Community Development Block Grant Application Planning i) Adopted Joint RESOLUTION R5 -12 Amending Existing Maintenance Agreement for 225 Street Planning j) Approved Bills APIF, MOTION CARRIED. j) Approve Bills Councilmember Bartholomay asked about the bill for the Orpheum Theater and the number of registrations. Parks and Recreation Director Distad noted if the minimum number of registrations is not received to cover the cost, the program is cancelled and the money is refunded. Councilmember Bartholomay asked about Muzak LLC for the liquor stores. He had a hard time telling taxpayers they need to pay $126 /month for music in the liquor stores. He asked why we cannot use the radio or purchase an Ipod. Parks and Recreation Director Distad replied Muzak also includes the license and copyright fees. If we were to play music off of anything publicly we would have to have a license and pay a copyright fee. We have had this in the liquor stores for many years to create an environment that is conducive to the public and employees. Some content from a radio station may not be appropriate. Muzak guarantees no commercials, and it is based on satellite radio so we can select the types of songs played. Councilmember Bartholomay asked about the bills for Orkin and Metro Pest. He suggested using one company for the City. Staff will look into this. Councilmember Bartholomay asked about the Nextel bill and asked staff to determine if it would be more cost effective to give a cell phone allowance of $40 to those authorized to have a cell phone. That would amount to $360 vs $930 which we pay now. This would not apply to police and fire. Councilmember Fogarty recalled this was discussed in the past and Parks and Recreation use the two way radio piece with Nextel. Mayor Larson noted some people may not want to take the allowance and use their personal cell phone. Councilmember Fogarty felt it was worth revisiting. Parks and Recreation Director Distad stated the Nextel phones are on the State bid contract. With this contract we get new phones every year. The radio piece is the important part for Parks and Recreation. Councilmember Bartholomay asked about the bill for CP Telecom long distance. He asked if we could go out for RFP to see if we are getting the best rate. $2500 for long distance seems high. Staff will look at this. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 5 Council Minutes (Regular) January 3, 2012 Page 3 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters 10a(1). That Councilmember Donnelly be designated as Acting Mayor from January 4, 2012 through December 31, 2012. 10a(2). That the Farmington Independent be designated as the official publication from January 4, 2012 through December 31, 2012. Mr. Larry Werner, Editor and General Manager of ThisWeek Newspapers and Dakota County Tribune spoke on behalf of ThisWeek Farmington/Lakeville newspaper. ECM Publishers has now acquired Sun Current newspapers, which makes ECM the largest circulation newspaper company in the state. Mr. Werner stated ThisWeek would be very honored if the City of Farmington would select them as the official newspaper. He understood the statute requires that if a newspaper is selected that does not have an office in Farmington, you must select a newspaper that goes to at least 75% of the homes in Farmington. He provided Council with ThisWeek's audit showing a circulation of 9,172 papers in Farmington which is about 7,200 more than the current official newspaper which has a circulation of 1,800. Mr. Werner felt they fulfill the requirement of covering the affairs of the City. Ms. Laura Adelmann has been covering Farmington for many years. While ThisWeek does not have an office in Farmington, they are devoted to serving the needs of the readers and advertisers in Farmington. Mr. Werner understood their bid is $.26 more /inch than the Farmington Independent's bid. Mr. Chad Hjellming, General Manager Farmington Independent, stated they have been located in Farmington for 20 years and are taxpayers in the community. Most people think of them as the community newspaper. Mr. Nathan Hanson and Ms. Michelle Leonard have been covering the community for many years. He noted the difference between the two bids is $.76 /inch. Their circulation is a paid circulation which means people have invited them into their homes which makes the newspaper more likely to be read. Along with the 1,800 circulation, they have more than 40,000 page views on their website where legals are also published. Among that are 9,000 unique visitors, or 9,000 different IP addresses that come to their website so that can be included in the circulation. Of those, approximately 4,000 are from Farmington. Last month public notices was clicked on 291 times which shows people are coming to their website to fmd out information on public notices. They would like to continue to be Farmington's legal newspaper. Councilmember Bartholomay asked about their circulation number last year. Mr. Hjellming noted it was 1,900 and the online presence was approximately 6,000 less. Over time as circulation goes down, the online presence goes up. The readership now is higher than it was ten years ago, just in a different way. Mayor Larson noted Mr. Werner said ThisWeek was $.26 /inch higher. Mr. Werner was going by the bid submitted for e- mailed legal notices which is $9.00 /column inch compared to $8.74 /inch submitted by the Independent. It is $9.50 /inch if it has to be retyped. Mr. Werner noted their website gets 150,000 page views a month. As part of their acquisition of Sun Current, ECM websites have more than 1 million page views a month. 6 Council Minutes (Regular) January 3, 2012 Page 4 Mr. Hjellming noted the Independent has 11 newspapers in the metro area. In December they had 2,040,637 page views. Mayor Larson asked City Administrator McKnight about the $9.00 bid for e-mails and asked how we distribute information to the newspapers. City Administrator McKnight stated last year Council did not have an apples to apples comparison so staff sent out a form that asked for price per inch for printing legals. Responses were received from the Farmington Independent for $8.74 and $9.50 from ThisWeek. Mayor Larson asked if staff had received the $9.00 amount. City Administrator McKnight replied it was received at 4:00 p.m. today, but we did not ask for that. We asked for apples to apples information. Either way the $8.74 bid is the lowest and that is what he based his recommendation on. Councilmember Bartholomay asked what ThisWeek's bid was last year for e- mailing. Staff did not have that information as that was not considered for this bid. Mr. Werner stated the $9.00 bid was submitted on December 1, 2011. City Administrator McKnight noted a form was sent to ThisWeek and submitted to the City that lists $9.50. Council has the bid form used by the City. The $8.74 is the cheapest bid and that is what the recommendation is based on. Councilmember Fogarty stated in the information from City Administrator McKnight, there are four conditions to designate a legal newspaper and one is a unanimous vote from Council. We do not have a full Council tonight, so can we make a change tonight. City Attorney Poehler replied no, it will need to come back another night as you can change newspapers anytime during the year. Council should adopt an official newspaper tonight so you have one in place and you can change it at a later date. Mayor Larson asked Council if anyone was interested in switching newspapers. Councilmember Bartholomay stated when comparing the two and one is reaching below 30% of the residents and the other reaches most of them, it is a tough decision when considering customer service. He wants as many residents as possible to get information. Councilmember Fogarty felt it was difficult to compare the two newspapers when looking at circulation. Council's goal is to find the publication that will reach the vast majority of our residents. We have to designate the Farmington Independent tonight, but she would like this item brought back in two weeks for a discussion. If we are talking about $.25 difference in cost, then that is worth it to reach the majority of the residents. Councilmember Donnelly agreed we want to reach the largest number of people, but we cannot change it tonight. Mayor Larson understood Council wants to designate the Farmington Independent as the legal newspaper tonight and bring it back in two weeks for discussion with a full Council. Councilmember Fogarty will be requesting more information. She asked what we spend in legal ads each year. Staff will obtain that information. MOTION by Fogarty, second by Donnelly to approve the Farmington Independent as the legal newspaper and bring it back for discussion at the January 17, 2012 Council meeting. APIF, MOTION CARRIED. 10a(3). Continue the Agreement for Legal Services with Campbell Knutson, Joel Jamnik as City Attorney for 2012. 7 Council Minutes (Regular) January 3, 2012 Page 5 Councilmember Bartholomay recalled last year Council requested an RFP be done for this year and after that have an agreement for four to five years. He asked that an RFP be considered for next year. 10a(4). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Capital Markets, Wells Fargo Investments, Smith Barney Inc., Premier Bank, and Roundbank (Farmington) be designated as the Official Depositories from January 4, 2012 through December 31, 2012. 10a(5). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2012. 10a(6). Approve a $1,000,000 Faithful Performance bond for the City Clerk. 10a(7). ORDINANCE NO. 011-638 Establishing Fees and Charges for licenses and permits for 2012 was adopted October 17, 2011. 10a(8). Appointments to Boards and Commissions Candidates will be interviewed January 9, 2012 and appointments will be made at the January 17, 2012 Council Meeting. 10a(9). Appoint Councilmember Bartholomay as the primary and Councilmember May as the alternate representative to the ALFAmbulance Board. 10a(10). Confirm Mayor Larson as the Director and Councilmember May as the alternate to the Dakota Communications Center Board of Directors through December 31, 2012. 10a(11). Appoint Mayor Larson as the City's representative to the CEEF Committee. 10a(12). Appoint Councilmember Fogarty, Staff member David McKnight and a Planning Commission member to the Farmington/Empire Planning Advisory Committee. 10a(13). Appoint Mayor Larson, Staff member David McKnight and a Planning Commission member to the Farmington/Castle Rock Discussion Group. 10a(14). Appoint Councilmember May, Staff member David McKnight, and a Planning Commission member to the Eureka/Farmington Planning Advisory Committee. 10a(15). Appoint Councilmembers Donnelly and Bartholomay to the MUSA Review Committee. 10a(16). Appoint Brenda Wendlandt as Director and Jim Constantineau as Alternate to LOGIS for 2012. 10a(17). Appoint by RESOLUTION R6 12 David McKnight as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer and Brian Lindquist as Responsible Authority for law enforcement for 2012. 8 Council Minutes (Regular) January 3, 2012 Page 6 10a(18). Approve Council By -laws as presented. 10a(19). Approve the Council Policies as presented or advise of any desired changes. Councilmember Bartholomay asked if Council will see these policies every year. City Administrator McKnight confirmed they will be included every year. MOTION by Fogarty, second by Bartholomay to approve items 10a(1 -19) except 10a(2) as noted. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: The Rotary Club of Farmington donates money every year to help children participate in Parks and Recreation programs. A donation was once again approved on the Consent agenda tonight. She thanked the Rotary Club for all the work they do for the community. Councilmember Bartholomay: He congratulated Finance Director Walters on receiving the Certificate of Achievement for Excellence in Financial Reporting which is the top award in municipal fmance. Commissioner Frans will be at the Farmington Library on January 11, 2012 discussing tax reform plans. The Community Expo will be held January 28, 2012. City Administrator McKnight: On January 9, 2012, Council is scheduled to conduct board and commission interviews. He asked for guidance on which groups Council would like to interview. Council agreed to interview Planning Commission and Parks and Recreation Commission applicants. Interviews will begin at 6:00 p.m. City Engineer Schorzman: Staff has received numerous calls regarding FEMA changes to the flood map. Residents have been receiving calls from their mortgage companies telling them they need to purchase flood insurance. Staff sent packets to affected residents in November 2010 with their letters of map revision. Residents should show those to their bank along with information from the City's website re- validating that information. If there are concerns, residents should contact City Engineer Schorzman. If you did not have flood insurance before, you should not need flood insurance now. No one has been put in the flood plain that was not there before. Mayor Larson: At the beginning of the meeting he spoke regarding the passing of Mr. Louie Schmitz. He wanted to mention the passing of another long time Farmington resident, Loren Markuson. He encouraged residents to shop local. He noticed Angel 2 Diva had some customers from St. Louis Park and they will be telling their friends about it. They also liked the downtown area of Farmington. Lillian's also has customers come 9 Council Minutes (Regular) January 3, 2012 Page 7 from the metro area. He also asked residents to patronize the Farmington Liquor stores as profits do stay within Farmington. Council recessed into Executive Session at 7:43 p.m. 14. EXECUTIVE SESSION a) Preliminary Consideration for Purchase of Property at 420 Elm Street Council came out of closed session at 8:11 p.m. 15. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:11 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 10