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HomeMy WebLinkAbout03.02.15 Council Minutes COUNCIL MINUTES REGULAR March 2, 2015 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, Bonar,Pitcher Members Absent: Donnelly Also Present: Joel Jamnik, City Attorney; David McKnight, City Administrator; Robin Hanson,Finance Director; Adam Kienberger, Community Development Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Jen Dullum,Natural Resources Specialist; Cynthia Muller,Executive Assistant Audience: 4. APPROVE AGENDA Councilmember Pitcher pulled item 7d)Amend Ordinances Pertaining to Business Regulations for discussion and vote. Councilmember Bonar asked to comment on item 7f)Approve Joint Powers Agreement with Dakota County. MOTION by Bartholomay, second by Pitcher to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Legislative Update—Senator Dave Thompson Senator Dave Thompson gave highlights of the state budget which has a surplus of$1.87 billion. He also summarized various bills going through the legislature regarding collecting civil penalties through assessments, allowing counties to appoint the auditor/treasurer rather than have it as an elected position, altering how the Met Council does business, and Sunday liquor sales. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Pitcher to approve the Consent Agenda as follows: a) Approved Council Minutes (2/17/15 Regular) -Administration b) Adopted RESOLUTION R12-15 Approving Gambling Event Permit Vermillion River Longbeards -Administration c) Approved Termination-Administration e) Approved Schmitz-Maki Arena 2015-2016 Ice Rental Rates—Parks and Recreation Council Minutes(Regular) March 2,2015 Page 2 f) Adopted RESOLUTION R13-15 Approving Joint Powers Agreement with Dakota County—Municipal Services g) Approved Bills APIF,MOTION CARRIED. d) Amend Ordinances Pertaining to Business Regulations,Building Regulations and Fire Regulations -Administration Councilmember Pitcher questioned the cover memo stating electronic tobacco delivery devices, referring to e-cigarettes. In the ordinance,the definition for this is to be added to a section entitled Distribution of Tobacco. He stated there is no tobacco in e-cigarettes and listed the products they do contain. He felt to have the definition of e-cigarettes in a section on tobacco would be incorrect. City Attorney Jamnik referred Council to the definition in the ordinance and explained the state statute which does include the nicotine aspect. He noted the ordinance is drafted correctly and it was agreed to add the wording,tobacco related products to the section title. MOTION by Pitcher, second by Bartholomay to adopt ORDINANCES 015-688, 689,690, adding tobacco related products to the section heading. APIF,MOTION CARRIED. f) Adopt Resolution—Approving Joint Powers Agreement with Dakota County —Municipal Services Councilmember Bonar noted this is the 30th anniversary of this joint agreement between the county and the city. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Annual Investment Review—Finance As of December 31, 2014,the city had a combined cash and investment balance of$29.7 million. The average month-end checking account balance is $4.2 million,which is lower than in the past few years. The investment balance is higher than in the past. Finance Director Hanson explained the types of investments,maturities and financial institutions. b) Adopt Resolution—2015 Community Development Block Grant Application —Community Development Community Development Director Kienberger estimated the city will receive $42,717 in CDBG funds from the CDA for program year 2015 (July 1, 2015— June 20,2016). He recommended the city apply for and allocate this funding towards the commercial rehabilitation grant program. This program has been very useful for businesses in the past. The purpose of this program is for businesses to eliminate conditions that are detrimental to public health and safety. The applicant is required to have a 1:1 match, a competitive bidding process, and Council Minutes(Regular) March 2,2015 Page 3 pay prevailing wages to contractors. The EDA did approve this application at their February 23, 2015, meeting. The funds will be available in late summer. MOTION by Bartholomay, second by Bonar to adopt RESOLUTION R14-15 to allocate$42,717 in CDBG funds for PY2015 to the commercial rehabilitation grant program. APIF,MOTION CARRIED. c) Approve Agreement DNR Groundwater Monitoring Well Installation- Engineering City Engineer Schorzman presented an agreement from the DNR for installation of a groundwater monitoring well at the southeast quadrant of the intersection of Larch and 13th Streets. The city has five monitoring wells located throughout the city. The DNR uses them to look at fluctuations in the groundwater tables. MOTION by Bartholomay, second by Pitcher to approve the agreement giving the DNR permission to drill another monitoring well in the southeast quadrant of the intersection of Larch Street and 13th Street. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS a) Liquor Store Financial Policy-Administration City Administrator McKnight presented the liquor operations financial policy and reviewed the four pots philosophy. The four pots include: Pot One—Operations cash$350,000 Pot Two—Operational transfers$51,504 Pot Three—Community/government transfers -$40,000 Pot Four—Future liquor store capital needs The unaudited numbers for the end of 2014 are $759,888. After applying the first three pots, it leaves $318,384 in undesignated funds. Some of the dollars should be designated for pot four for future capital needs. City Administrator McKnight also recommended developing a policy on how to determine what percentage of profits will go into pot three for community transfers. The dollar amount for pot two will increase with inflation each year. Council agreed with setting dollars aside for pots three and four and to bring back percentage options for pot four. Councilmember Bonar asked for the number of cities that have landlord/tenant relationships. 12. NEW BUSINESS a) Adopt Ordinances Amending Section 10-6-27 and Section 11-4-5 of the City Code to Remain in Compliance with the MPCA General Permit to Discharge Stormwater Associated with Small MS4's—Natural Resources These ordinances are necessary for the city to be in compliance with the MPCA's general permit to discharge storm water. The ordinances were approved at a public hearing at the Planning Commission on February 10,2015. Staff explained that sediment control was added to the erosion control ordinance. Erosion control is keeping soil particles on the soil. Sediment control is stopping the soil once it is washed away from getting into the surface water. Items from the post construction stormwater management ordinance were moved into the erosion and Council Minutes(Regular) March 2,2015 Page 4 sediment control ordinance because they were active construction procedures. New timelines have been added for best management practices including after a rain event of inch, inspection of construction sites need to happen within 24 hours. Language was also added regarding dewatering,temporary sediment basins,management of solid and hazardous waste, and concrete washout in new developments. Training is required for erosion and sediment control inspectors. The city has two certified inspectors. There were also several changes in the post construction stormwater management ordinance for new development. When changing an agricultural area into a new development,the storm water runoff needs to remain the same. For redevelopment,there needs to be a reduction in runoff. There is also off site mitigation that can be used. Regarding stormwater best management practices that are not on city property,there needs to be a legal mechanism for the city to know there is long term maintenance agreements in place. Inspections on private projects would be done by the property owner. Public projects would be inspected the next business day by the city. Developments will have to run stormwater modeling efforts to determine the worst case for runoff. The intent is to stop runoff before it reaches the Vermillion River. Council asked about who is responsible for inspections of stormwater ponds. City Attorney Jamnik explained the city has the ability through the development agreement to assess the property owner. The city could also access funds through the storm water fund. If it is a private ownership,we could assess it. If it is the school,we could work with them to keep the cost down. Staff explained these changes will be addressed in future development agreements. The city has over 100 storm water ponds. The issue with silt in the ponds is not widespread. If we stay with the plan,there should not be a problem. Part of the ordinance aligns with rules and regulations and working with public works with street sweeping. MOTION by Bartholomay second by Bonar to adopt ORDINANCES 015-691 and 692, amending sections 10-6-27 and 11-4-5 that require updating to meet requirements of general permit to discharge stormwater associated with small municipal separate storm sewer systems under the national pollutant discharge elimination system/state disposal system permit program. APIF,MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Bartholomay: The city and school district met to discuss things they can do better such as communications and other initiatives to save money and work together as one unit. City Attorney Jamnik: He noted Farmington has a multitude of joint powers agreements with other governmental units and the private sector that would be the envy of many cities. Council Minutes(Regular) March 2,2015 Page 5 City Administrator McKnight: Mayor Larson will be presenting the State of the City Address on March 18, 2015, at 8:00 a.m. at city hall. Everyone is welcome to attend. City Engineer Schorzman: The 195th Street project will be advertised for bids this week and the bidding process lasts for three weeks. He reminded residents traffic will be awful and asked for their patience. Mayor Larson: The State of the City Address is March 18, 2015, at 8:00 a.m. He encouraged residents to shop local. 14. ADJOURN MOTION by Bartholomay, second by Pitcher to adjourn at 8:17 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant