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HomeMy WebLinkAbout12.07.15 Council Minutes COUNCIL MINUTES REGULAR December 7, 2015 1. CALL TO ORDER The meeting was called to order by Acting Mayor Donnelly at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Acting Mayor Donnelly led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Donnelly,Bartholomay,Bonar,Pitcher Members Absent: Larson Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Robin Hanson, Finance Director; Brian Lindquist,Police Chief; Jim Larsen,Fire Chief;Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer;Todd Reiten, Municipal Services Director;Brenda Wendlandt,Human Resources Director; Cynthia Muller, Executive Assistant Audience: Jake Cordes,Bill Toninato, Craig Bongard,Russ Zellmer,Tim Thompson,Lacelle Cordes,Kay Bennett,Terry Stapf,David McMillen,Marilyn Briesacher,Roger Wood, Fred Schmidtke, Charlie and Joanne Weber 4. APPROVE AGENDA Councilmember Bonar pulled item 7e) State of Minnesota Mighty Ducks Grant Agreement for comment. MOTION by Bartholomay, second by Bonar to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Certificate of Achievement for Excellence in Financial Reporting Award The Finance Department has received the GFOA Certificate of Achievement for Excellence in Financial Reporting award for the sixth year. Council thanked staff for their work. 6. CITIZEN COMMENTS Mr.Craig Bongard,owner of 20522 Akin Road, asked if the city can assist him with selling the property. It has been up for sale for 11 years and each time there is a buyer, the city turns them down. He asked what he has to do to sell that property. The first buyer was doing almost the same thing he has been doing for 25 years and that is to bring in produce and distribute it. He wanted to install a cooler for any excess product. The second buyer came to the city to get city water and sewer and was told there will never be sewer and water going to that property. Mr.Bongard understood the city would bring sewer and water to the property,now he learns he has to bring it to the property. A third Council Minutes(Regular) December 7,2015 Page 2 buyer wanted to build a house on the property and run an antique car business. That was turned down. Another buyer wanted storage units with the same tax structure, same valuation and was told no. Mr.Bongard asked what he has to do. Staff will be in contact with him. Mr.Tim Thompson, 816 7th Street, stated he has asked for this in the paper and now is for it in person. He asked that Councilmember Bartholomay resign his position due to the embarrassment to the city and to the taxpayers and the people he is representing. It is not very solid or very ethical. He did not know how Councilmember Bartholomay expected respect when he cannot earn it. Ms.Lacelle Cordes, 1405 Lower Heritage Way,requested the resignation of Councilmember Bartholomay. Because of his recent actions and subsequent excuses for those actions he no longer has the confidence of the citizens needed to make decisions for our community. She urged him to resign tonight to prevent even more ridicule and shame that Councilmember Bartholomay has brought to the city of Farmington. Mr.Bill Toninato, 18586 Elgin Avenue, stated regarding Councilmember Bartholomay, we should wait until the court decides rather than have a kangaroo court here. There are two sides to the story. He read newspaper accounts and there seems to be varying stories as to what happened between the witness and the police officers that responded. Some of it sounds kind of funny especially from the Farmington Independent. 7. CONSENT AGENDA MOTION by Bartholomay, second by Pitcher to approve the Consent Agenda as follows: a) Approved Council Minutes (11/16/2015 Regular)-Administration b) Approved Various 2016 License and Permit Renewals-Administration c) Adopted RESOLUTION R71-15 Declaring Surplus Fire Department Property— Fire Department d) Approved Farmington Fire Department Helmet Purchase Policy—Fire Department e) Approve State of Minnesota Mighty Ducks Grant Agreement—Parks and Recreation f) Acknowledged Resignation Engineering—Human Resources g) Approved 2016 Non-Bargaining Compensation Adjustment—Human Resources h) Approved Seasonal Hiring—Human Resources i) Approved Bills-Finance APIF,MOTION CARRIED. e) Approve State of Minnesota Mighty Ducks Grant Agreement Councilmember Bonar stated recently staff received a Mighty Ducks Grant. Parks and Recreation Director Distad stated a budget request for 2017 was to purchase a new electric ice resurfacer and estimated we could receive up to $20,000 in grants. We have received a$50,000 matching grant. Farmington Youth Hockey contributions will be used to match the grant. Benefits will be Council Minutes(Regular) December 7,2015 Page 3 cleaner air in the arena. City Administrator McKnight thanked Parks and Recreation Director Distad for this savings. 8. PUBLIC HEARINGS a) Approve 2016 License Renewals-Administration This public hearing was to renew on-sale liquor, on-sale Sunday liquor,on-sale wine, club and therapeutic massage licenses for several businesses. Applications, fees and insurance information have been received and approved. MOTION by Bonar, second by Bartholomay to close the public hearing. APIF,MOTION CARRIED. MOTION by Bartholomay, second by Pitcher to approve the on- sale liquor, on-sale Sunday liquor, on-sale intoxicating malt liquor and on-sale wine,club and therapeutic massage licenses. APIF,MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Adopt Resolution Approving Final Recommended 2016 Operating Budgets and Tax Levy-Finance Finance Director Hanson gave a timeline of the 2016 budget preparation process. The 2016 general fund provides for core services, long term financial planning strategy and Council's 2016 strategic plan. Fiscal disparities will decrease $133,000,building permit revenue has been reduced by$114,702, local government aid(LGA)will increase by$8,277,there is a 3%increase in transfers in to cover personnel related costs and administrative services. The combined general fund revenues are budgeted at$11,798,225. At$8.8 million,property taxes comprise the largest component at 74%. Transfers in from the enterprise funds account for 10%, and intergovernmental receipts,charges for fees and services, licenses and permits,miscellaneous revenues, fines and forfeitures and investment income make up 16%. General fund expenditures fund human resource costs based on the four new union contracts,estimates for employee benefits,the wage study implementation plan,retirement contributions, anticipated workers compensation premium increases and not replacing two full time positions which were vacated in 2015. The budget also provides increased funding for deferred and ongoing equipment needs in the fire department as well as increased training and provides long term funding for the fire capital improvement plan, fire relief association, seal coating, trail maintenance and building maintenance. General fund expenditures total $11,798,225. The police department represents 35%, fire,municipal services and parks and recreation each represent 10%,while engineering, community development, administration,transfers out, finance,risk management and human resources combined comprise the remaining 35%. The budget includes$906,607 in transfers out. These amounts are for seal coating,vehicles for the fire department as set in their capital improvement plan, Council Minutes(Regular) December 7,2015 Page 4 general equipment for the city such as police vehicles and other equipment, money for economic development,trail maintenance,capital needs for the ice arena and building maintenance for all facilities. The city will receive$284,884 in LGA. The majority, $205,000 will be transferred to the fire capital projects fund, $71,000 will be used for general capital equipment needs,the remaining $8,277 is for administrative reserve. The city receives property taxes in June and December. The purpose of the general fund is for the city to live from paycheck to paycheck. For the second year in a row,the fund balance has stayed above zero throughout the year. For the first time in June 2015,the fund balance met one of the two calculations recommended by the state auditor. There are two components to the levy. One pays for general fund operations. The other,the debt levy,pays for the scheduled interest and principal payments on the city's debt as well as ongoing administrative compliance costs. The 2016 debt levy totals$2,970,848. After 2022,the debt situation improves significantly. The debt levy relates to bonds issued by the city and also an interfund loan for the new fire engine acquired in 2013. The net tax levy is $9,613,254,which is a 4.9%increase over 2015. The increase is due to the reduction in fiscal disparities and building permits totaling$247,875. Increased investments in the fire department budget and transfers out to the fire capital projects fund total $207,890. Some existing transfers out are being reallocated to the fire capital projects as part of the long term fire capital improvement plan in 2016. The total combined increased investment in the fire department is$315,601. The net debt levy is being reduced in 2016, while the debt repayments are increasing with the completion of the 195th Street project. We have a one-time situation in 2016 where the city is using$200,000 of MSA funds for debt service on two MSA road projects. All other department changes total$82,000. Regarding the tax capacity, in 2016 residential properties will represent 81%of the total,while commercial will represent 8%. The average market value for a residential property for 2016 is$212,787,which is a 6.6%increase from 2015. This is an average taxable value of$194,698 and an estimated city tax of $1,152.82 for 2016. This is an increase from 2015 of$46.03 per year or$3.85 per month. Ms.Lacelle Cordes, 1405 Lower Heritage Way, stated approximately 90 days ago, Council tabled a decision regarding an assistant for the senior center. Council was to re-address it tonight. City Administrator McKnight stated right now that position is not in the budget. The vacant part-time position at the Rambling River Center is the position selected to be removed. Acting Mayor Donnelly stated the budget numbers reflect that removal. If the budget is adopted tonight,that would be the case. Ms.Cordes stated when Council said 90 days ago Council Minutes(Regular) December 7,2015 Page 5 this would be addressed tonight, Council is not doing that. Acting Mayor Donnelly noted it depends on how the vote goes. Ms. Cordes stated if it is not in the budget,then you have made up your mind. Ms.Marilyn Briesacher, 3520 194th Street W,Chair of the Rambling River Center Advisory Board, stated after much consideration and discussion,the Rambling River Center Advisory Board is making the following recommendation to the Council. The board will provide half of the salary necessary to fill the program assistant position in the amount of$11,000 per year for the next two years. The board is also willing to give up the stipends received for attending board meetings which amounts to $1,680 per year. This will be funded through fundraising efforts and means they will not be able to provide upgrades to the facility. As with any facility used seven days a week,things wear out and need replacement. They are willing to put these projects on hold for the next two years. It is imperative to the running of the facility to fill this position. They have already cut programs due to staffing levels. A permanent position is needed day to day. Volunteers have stepped up, but it is not the same as having someone day to day. They provide the community with space for rental opportunities that is not available elsewhere in the city. They have over 15,000 people using the building on a yearly basis,which does not include rentals. There is a rental almost every weekend. The State of MN demographics office projects there will be over 115,000 Dakota County residents 65 and older by 2030. If we do not provide programs and activities for these seniors they will go elsewhere—Rosemount, Apple Valley and Lakeville. When they go there,that is where they will shop. Seniors are the backbone of this city and we need to provide the opportunities to attract them to Farmington. The board offered this for Council's consideration. Councilmember Bartholomay asked about the day to day things that are not getting done. Ms. Briesacher stated there are programs where a driver is needed, which we cannot provide and still have a person at the facility. We need someone to continually bring up new activities and support them. It takes a lot of time to do this. When the full time person was hired it was with the idea she would have part time staff. She has been trying to do it all,but something has to slip. We have statistics she has not been able to provide, such as new people coming in so we can follow up. It is general overall day to day activities. She has a lot of meetings outside the building,which leaves no one there except for a volunteer. We have a fitness center so someone has to be there in order to have the fitness center going. Mr.Roger Wood, 816 Maple Street,a member of the Rambling River Center Advisory Board, stated to be on the board you have to be interviewed by the Council. One thing he was asked was is there any way he can make the center self-supporting. He stated Nicole Gorman,Recreation Supervisor, is of that caliber and can do it, but we need to get her some help so she can complete her tasks. He stated Ms. Cordes was here three months ago and he was also. He never received an answer regarding the budget. Council Minutes(Regular) December 7,2015 Page 6 Ms.Kay Bennett,4 Hickory Street, stated the$11,000 they are willing to donate was to be used for new furniture. She asked if Council has seen how bad the furniture is and how long since it has been replaced. She has been there for ten years and it is much older than that. She asked Council to reconsider filling the position. If they are willing to give up that money and their stipends to help the city,please look into getting an assistant so we can keep it open. She is concerned the full time staff will give up. Seniors have worked too hard on this building to give it up. Councilmember Bonar stated in light of the Mayor's absence and some of the information we have heard,he felt we should table the levy and budget until December 21, 2015. Councilmember Pitcher stated given the gravity of the potential tax increase,he would prefer Council wait until all members of the Council are present at a time it is televised. Councilmember Bartholomay agreed with waiting until December 21, 2015, especially with the new information received to allow for further discussion. Acting Mayor Donnelly stated we have to have the tax levy to the county by December 28,2015. In light of the new information,we will need a workshop to discuss this. City Administrator McKnight noted the workshop date of December 14, 2015, is open and Council could discuss the budget then. Acting Mayor Donnelly stated the budget is set except for the issue raised tonight so we are not opening the entire budget again. Councilmember Bonar agreed,the budget is set and it is a matter of reviewing the open question and giving ourselves the opportunity to review the information and ask relevant questions. We cannot vote on December 14,2015,but we can exchange opinions. Councilmember Pitcher agreed and noted we are funding the Rambling River Center for 2016 in the amount of$149,166 for a point of reference. Councilmember Bartholomay agreed we need further discussion for this item. The 2016 budget and tax levy was continued to be discussed at a workshop on December 14,2015,and will be brought back to the December 21, 2015,Council meeting. Finance Director Hanson noted that is the expenditure amount for the senior center, but there are offsetting revenues that number does not reflect. She will provide Council with a net amount. Ms.Lacelle Cordes suggested the workshop be held in a larger room than the conference room to accommodate the audience. b) Amend Ordinance Utility Billing-Finance Council recently approved new electronic bill presentment and payment processing software for utility billing. The new software should be implemented by January 2017. Staff has three additional changes for Council consideration. The first is redefining when late fees apply. Currently customers have a variety of Council Minutes(Regular) December 7,2015 Page 7 payment options. Staff is recommending payments not received by the due date stated on the bill would be considered delinquent and late fees would be applied after that due date. This change would not take effect until customers have been notified, approximately August 31 or September 30. The second change is modifying the residential sewer consumption calculation. The fee is currently based on the amount of water consumed during the winter quarter with a minimum 10,000 gallons being the base charge. Each additional 1,000 gallons of water used is an additional fee. Some accounts have water usage that is lower in other quarters. The software has the ability to calculate the sewer consumption on winter quarter or the actual water consumed, but not less than 10,000 gallons. By changing the calculation,the city will have a formula that works better for everyone. The third change is staff be given the option to certify delinquent utility accounts more often. Currently the city certifies delinquent accounts once per year. To minimize the city's exposure to fmancial loss, staff recommends the ordinance be amended to provide staff the opportunity to certify accounts more frequently based on the calendar,the amount delinquent or other basis. The owner would be notified and given an amount of time to pay the account. If not paid, it is brought to Council for certification to the county with interest and administrative fee. Staff suggested a threshold of$2,000 for certification. MOTION by Bartholomay, second by Bonar to adopt ORDINANCE 015-710 approving the proposed changes to the city's utility systems rates and billing ordinance and amending the 2016 fee schedule. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS a) Fire Department Update Fire Chief Larson gave an update of activities in the Fire Department. The focus of the applied research project was to create new leadership in the department. They reviewed the department history,a survey of existing officers and the findings of others. They developed six recommendations for the department including requiring minimum certification levels for officers,update job descriptions and organizational charts, give all personnel a formalized leadership curriculum,created clear goals and expectations,developed an education path and defined a matrix for every position, develop core values and provide additional leadership training. Next they will look at their mission statement and the strategic plan for the department. Council was very impressed with the team and list of accomplishments. City Administrator McKnight noted Chief Larson received the Executive Fire Officer Certification from the National Fire Academy during the past few months. 12. NEWBUSINESS 13. COUNCIL ROUNDTABLE Council Minutes(Regular) December 7,2015 Page 8 Councilmember Pitcher: Toys for Town is coming up and encouraged residents to volunteer. Councilmember Bartholomay: Read a statement that he has been charged with a misdemeanor offense,however,under no circumstances did he do anything to impersonate a police officer and expected to be acquitted of that charge. Due to the court process,justice can take time and he is working with his attorney to get the case resolved as soon as possible. Under the laws of MN and the United States of America he is innocent until proven guilty and he will not be resigning his position as Councilmember. He believed this could be a great learning opportunity for Farmington students in their civic classes regarding why it is important that someone is innocent until proven guilty. He thanked the Sun ThisWeek newspaper for being ethical and balanced. From the beginning they have wanted both sides of the story and did the hard work of looking into things before they reported,unlike another local newspaper which is disappointing,but ' not surprising. He thanked all the residents he has heard from over the last month regarding this incident and your willingness to not rush to judgement. Many of you have told me something did not seem right when you read the story and did not feel like this is something he would do. He sincerely apologized to city staff,his peers on the Council, his family and most importantly the residents of Farmington that this personal issue has become such an over exaggerated issue over the last month. It will not be much longer before all the facts will be presented and at that time he fully expected his name to be cleared and the media to cover that news as well. Councilmember Donnelly: We had the first snowfall and the students managed the roundabouts just fine. He encouraged residents to support Toys for Town and shop local. 14. ADJOURN MOTION by Bartholomay, second by Bonar to adjourn at 8:18 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant