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HomeMy WebLinkAbout01.22.08 Council Minutes COUNCIL MINUTES PRE-MEETING January 22, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel J amnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, Interim City Engineer; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant 2. APPROv.EAGENDA MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS Mr. Mike Bischel, spoke regarding the property at 808 2nd Street. He received a bill for 8.5 hours of engineering work that was done on the last plan review that was submitted to the City for consideration. This was from October 21,2007 - November 21,2007. He stated City Engineer Mann spent a half hour telling the engineers what they needed to do to coordinate the minor change on the plans. The Planning Commission did not vote on this change and it was sent to the City Council. When he submitted the original plan, the cost was $1200. The street was moved 2 ft. and it took 8.5 hours of review for something that was not considered for review by the Planning Commission and was moved to the Consent Agenda at the Council meeting. At the meeting City Attorney Jamnik noted Mr. Bischel was in attendance, but Council left it on the Consent Agenda. Mr. Bischel does not want to pay for 8.5 hours for engineering time, when Council does not take the time to consider the business objectives in the City. Mr. Bischel has spoken to City Administrator Herlofsky and was told the Council makes the final decision. This will be brought back to the next Council meeting. 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked for an explanation ofthe change order for the Fairhills slope stabilization project. Staff explained the original change order was for hauling in material to replace wet material that was excavated and could not be used because of the condition of the material. This change order relates to that material. Council Minutes (Pre-Meeting) January 22, 2008 Page 2 Councilmember Wilson asked about the payment to the City of Apple Valley. Staff explained it was for the quarterly payment for the cable commission. Councilmember Wilson asked about the amendment to the Drug Task Force Joint Powers Agreement. There is an increase in the number of hours the City provides. This will not impair the patrol function and the City will be reimbursed by Dakota County. Councilmember Pritzlaffnoted when the membership of the EDA was discussed at a recent workshop, he left with the understanding there would be five Councilmembers and two citizens, rather than five Councilmembers. He would prefer to keep two citizens on the EDA. Councilmember Wilson also had the same impression. The remaining Councilmembers understood it to be five Councilmembers. Councilmember Fogarty asked how often the pay equity compliance report is done. She felt this was more unfunded mandates. Mayor Soderberg stated he mentioned his frustration with the pay equity report to the legislator. Human Resources Director Wendlandt stated the City is required by the state to submit the report by January 31. The last report was in 2003. The rules changed as far as how often this report is done to five years and now it is back to three years. City Attorney Jamnik explained the changes in the requirements of the report. 5. STAFF COMMENTS Interim City Engineer Schorzman noted the cost for seal coat increased substantially this year due to the change in the type of oil and according to contractors, there could be a 40% increase in cost. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR January 22, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, Interim City Engineer; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant Erik Starkman, Randy Oswald, Todd Arey, Jody Pire, Andrew Froehling, Jake Cordes, Calista Huls, Rilee Camfel 4. APPROVE AGENDA Councilmember Fogarty pulled the January 7,2008 minutes to abstain. MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Smoking Ban in Parks Recommendation - Parks and Recreation The policies for smoking in parks vary between cities. Staff recommended banning smoking in areas of the parks used by youth rather than a complete ban. This would be sent to the Parks and Recreation Commission to determine the areas. Councilmember Wilson asked ifthere are any issues occurring with youth events and if this ban was proposed, how would the boundaries be defined. Staff felt youth areas would fit with the school district policy. Areas would include playground equipment, ball fields, picnic shelters, etc. The boundary would be defined by signage. Councilmember McKnight liked the idea of the youth areas. He did not like the entire trail system aspect. His concern with the adult events was pushing events out of the City and having them go to another City because we did not allow smoking. Council Minutes (Regular) January 22, 2008 Page 2 Councilmember Fogarty stated she has never had a resident come to her with a concern. She was comfortable with sending it back to the Parks and Recreation Commission, but was struggling with the whole concept. Councilmember Pritzlaff agreed with sending it to the Parks and Recreation Commission for a recommendation. 7. CONSENT AGENDA MOTION by Pritzlaff, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (1114/08 Special) b) Received Information 4th Quarter Building Report - Building Inspections c) Adopted RESOLUTION R3-08 Accepting Donation Rambling River Center- Parks and Recreation d) Approved School and Conference- Fire Department e) Approved School and Conference - Administration f) Accepted Resignation Planning Commission - Administration g) Adopted RESOLUTION R4-08 Approving Gambling Event Permit - Administration h) Approved Amendment Drug Task Force Joint Powers Agreement - Police i) Approved Cell Phone Allowance - Administration j) Approved Appointment Recommendation Fire Department - Human Resources k) Approved Appointment Recommendation Fire Department - Human Resources I) Approved Pay Equity Report - Human Resources m) Adopted RESOLUTION RS-08 Approving 2008 Seal Coat Joint Powers Agreement - Engineering n) Approved Change Order Fair Hills Slope Stabilization Project - Engineering 0) Approved Bills p) Approved Appointments to Boards and Commissions - Administration q) Approved Planning Commission Appointment to EFP AC and Castle Rock Discussion Group - Administration r) Approved Appointment Recommendation - Human Resources APIF, MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to approve Council Minutes (1/7/08 Regular). Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT Council Minutes (Regular) January 22, 2008 Page 3 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Approving Text Amendment for Frontage of Lots in the R-2, R- T, and R-D Zoning Districts in the Subdivision Code - Planning At the October 17, 2007 workshop, the City Council and Planning Commission reviewed the splitting of lots in the downtown residential district. Staff proposed an ordinance amendment requiring any lot must have the minimum frontage on a city approved public street. Private streets will only be allowed in the R-2, R-T, and R-D zoning districts as planned unit developments within outlots owned by a homeowners association and subject to covenants providing for long term care and maintenance of private streets. This eliminates the opportunity for private streets in the downtown area. MOTION by Pritzlaff, second by McKnight to adopt ORDINANCE 008-577 amending Section 11-4-2(D) concerning the frontage oflots. APIF, MOTION CARRIED. b) Review Empire Orderly Annexation Agreement - Planning Staff presented a draft Orderly Annexation Agreement with Empire Township that was developed by EFP AC over the last several months. Areas included in the agreement are in Empire Township west of the rail line, south ofCR66, and west of Biscayne Avenue. This includes 540 acres. The agreement has been amended to include TH3 so the City will be able to use MSA funds for the roundabout at TH3 and 195th Street. A joint informational meeting is required between the City and Empire Township. This is proposed for early March. If other properties want to annex into the City this can be done through a joint resolution or a small annexation agreement. Both sides would need to agree to the annexation. Councilmember McKnight asked if the agreement included the 90-70-50-30 property tax sharing. City Attorney Jamnik stated the statute was amended to remove that ratio so the parties have discretion to change it. Councilmember McKnight suggested notifying Empire Township regarding the 75 ft. right-of-way that is to be maintained from the centerline of Biscayne Avenue. Empire Township had requested an indefinite timeframe for the agreement. The City has proposed 25 years. Empire was adamant for it to be in the agreement that the City would support them if they decide to incorporate. c) 2008 Projects - Engineering Staff updated Council on various projects. Flagstaff Avenue - the project is currently shut down. In the spring the focus will be on getting water and sewer to the high school as soon as possible. Roadway construction will follow north towards 200th Street. Fairhills Pond Slope Stabilization - the vegetated reinforced slope was finished this winter. When the project resumes this spring, they need to place the turf reinforcement mat, do some earthwork along the trail, and rehabilitate the trail. This should take 1-2 weeks. Council Minutes (Regular) January 22, 2008 Page 4 City Hall- Council and staff took a tour of the new City Hall last week and work continues on City Hall and the 1 st Street garage. Proposed projects include: Work on Spruce and 2nd Streets near the new City Hall. This would include roadway and utility reconstruction. It is expected to begin late June/early July. The 195th Street extension project will begin early summer. This will connect 195th Street to TH3. The roundabout is scheduled to begin mid-late August and it should take 10-12 weeks to complete. TH3 will be closed and traffic will be detoured down 160th Street to Pilot Knob Road to Elm Street. Councilmember Pritzlaff asked about the Spruce Street and Second Street project and who would pay for it. Staff noted funding has not been determined. Councilmember Wilson asked about the amount of traffic the detour will put on Elm Street. Traffic counts on TH3 going south showed 6,000 cars. d) Adopt Resolution - Seal Coat Feasibility Report - Engineering Staff presented the feasibility report for the seal coat project. This is implemented on a seven-year cycle. Areas include Pine Ridge Forest, Nelsen Hills Farms 6th Addition, Charleswood 1 st and 2nd Additions, Riverside, Westview, and the downtown area. The project cost estimate is $173,000. Based on the assessment policy, the cost per residential equivalent unit would be $115.18. A public hearing will be held March 3, 2008. If it is determined some roads need a mill and overlay or reconstruction, they will be removed from the seal coat list. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R6-08 accepting the feasibility report, scheduling the public hearing for March 3, 2008 and authorizing preparation of plans and specifications. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Economic Development Authority Re-organization - Administration At the January 14, 2008 Council workshop there was discussion regarding the makeup ofthe EDA. Council wanted to consider having the five Councilmembers function as the EDA. Councilmembers Pritzlaff and Wilson felt there should be five Councilmembers and two citizens. Mayor Soderberg and Councilmember McKnight felt the citizen or business input could come from the Economic Growth Committee. Councilmember Fogarty noted they cannot designate the two resident seats for business owners. Statute requires this be a six year term and Council felt that is why no applications were received as there were Council Minutes (Regular) January 22,2008 Page 5 two vacant seats. Councilmember Wilson noted there are still three residents serving on the EDA. Mr. Erik Starkman, member ofthe EDA, had concerns with the discussion going from not having enough applicants to restructuring the board. He noted there was discussion regarding having members of the business community be on the board. If they are interested why didn't they apply? He asked if Council considered extending the application process. Currently there is a diverse group on the EDA with financial background, business people, and Council. To get rid of the citizen input is not a good idea. He asked Council to look into this further before changing the EDA structure and extend the deadline for the application process. He asked if there was a problem with the board operating with five until there are two appointments. City Attorney Jamnik stated there would not be a problem. A quorum would be four of the seven members. Mayor Soderberg stated as far as the business owners not applying, several stated the EDA is a political body and could affect their business. Mr. Todd Arey, 20651 Devonshire Avenue, EDA Chair, stated when staff called, he was blindsided that Council would even consider getting rid ofthe current EDA. It seemed like a long way from no applicants to replace everyone with Councilmembers. There are a lot of gaps in the middle and he did not understand. Council had expressed frustration with the progress ofthe EDA and he too, had been frustrated. They worked very hard on the Economic Development plan and where is it? They do have an economic development strategy which was placed into the comprehensive plan. He urged Council to not scrap what they have, but to fix it and move forward. He suggested recognizing what the problems are and give the EDA a year to work on them. Ifthings are not where Council feels they should be, then make a change. Councilmember Wilson asked Mr. Arey if the new structure was five Councilmembers and two citizens what his opinion would be. Mr. Arey stated it would be somewhat overpowering and intimidating. Councilmember Pritzlaffhad stated in the workshop that he would like to be on the EDA. After discussion, Council agreed the entire Council should be on the EDA. Mayor Soderberg suggested calling a public hearing for five Councilmembers on the EDA. Councilmembers McKnight, Fogarty and Pritzlaffagreed. Councilmember Wilson stated Mr. Arey noted there have been changes, a consultant has been involved, etc. He felt Council needed to be sure of what they will do that will be different from what is happening now. To make a change without the end game in mind is pointless. He was not opposed at some point making it the entire Council, but felt there should be a transition period. He was concerned with not having a plan in mind. Council Minutes (Regular) January 22, 2008 Page 6 Mr. Todd Arey stated a year ago they were trying to figure out what the EGC does. He still does not know what the EGC does, what it is supposed to do, and how it will fit in. He felt Council should make sure they know what they are doing before they make a change. They need to determine what the EGC will do, what the EDA will do, and what the Council will do. MOTION by Pritzlaff, second by McKnight to set the public hearing regarding a change in the EDA membership for February 19, 2008. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Community Expo - Administration The Community Expo will be held this Saturday, January 26,2008 at the Farmington High School from 9:00 a.m. - noon. Councilmember McKnight: Thanked the Fire Department for their annual meeting and banquet and another year of good work. Councilmember Pritzlaff: Thanked the Fire Department for their annual meeting and banquet and for their good work. A resident had a concern with a house on Elm Street where remodeling was half finished. Staff is working on the situation. Mayor Soderberg: Two new fire fighters were approved on the Consent Agenda, Jason Conway and Nathan Sole. Randall Bock was approved as a Facilities Maintenance Worker in Parks and Recreation. These are replacement positions. He thanked the Fire Department for the annual meeting and their work. Congratulations to Adam Fischer for fire fighter ofthe year. There is a Growing Green Together Leadership Summit being hosted by the high performance partnership at the Rosemount Community Center on January 30,2008 from 8:00 a.m. -noon. The Dakota Communications Center is up and running and is a remarkable place. They handle approximately 1,000 911 calls per day. There was a critical situation which normally would have consumed all the dispatch resources at that agency. The DCC was able to isolate that incident and it did not cripple communications for the rest ofthe community. He will not be hosting the Charity Ball this year. Community Action Council will be taking this over at the end ofthe year with a possible New Year's Eve party hosted by all of the Mayors. Council Minutes (Regular) January 22,2008 Page 7 Two of our Parks and Recreation staff members received meritorious service awards. Kellee Omlid was recognized for service on the Recreation Sports Commission. She will be serving another two-year term on this commission. Randy Distad was recognized for his involvement on the Minnesota Recreation Parks Association awards committee. He has served on this committee for 13 years. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:18 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?Y7d~ Cynthia Muller Executive Assistant