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HomeMy WebLinkAbout04.02.07 Council Minutes COUNCIL MINUTES PRE-MEETING April 2, 2007 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 Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Brian Lindquist, Police Chief; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the stormwater monitoring for two ponds and the Prairie Waterway. It is to provide data so the thermal impacts of the Prairie Waterway on the Vermillion River can be better understood. He asked about doing a study where we might not have an issue and the City has to pay for all of it. Staff explained the agencies have had some concerns with the Prairie Waterway and the impact on the river. The agencies are concerned with the possibility of large ponds warming up and affecting the trout stream. Because of development in the area the agencies want monitoring done to obtain data. Staff intends to talk with the Vermillion Watershed regarding assisting with the cost of this project. Councilmember McKnight would be more comfortable if the Vermillion Watershed would participate in the cost. Councilmember Fogarty noted Mystic Meadows is not built out and asked if monitoring would be effective. Staff replied it would be monitored because it is wide open and is warming the ground water. Other impacts with development would involve pollutants. The thermal impacts are happening now. Lake Julia and Mystic Meadows ponds were chosen because of the NPDES. It was decided to pull this from the Consent Agenda for separate vote. Councilmember Pritzlaff asked about the bills and the payment to Gersters. Staff explained this is for years of service recognition and the name plaque. Some ofthis is also for gift certificates for years of service. Council Minutes (Pre-Meeting) April 2, 2007 Page 2 Councilmember Fogarty asked what will happen with the house on the property along Akin Road that the City is purchasing. City Administrator Herlofsky suggested the Fire Department may use it for an exercise, but the property will be maintained. Staff is still discussing this issue. Mayor Soderberg gave Council a copy ofthe Fire Services Contract that will be on a future agenda. He was contacted by Mr. Henry Fox of the Fair Board and they were concerned with the rising cost of fire services. 5. STAFF COMMENTS Human Resources Director Wendlandt mentioned the City will be crossing over to the fiber network from Dakota County i-net this week. The wellness initiative and Shape-up Challenge will start on Monday. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7~lr7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR April 2, 2007 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 Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Brian Lindquist, Police Chief; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant Pat Garofalo 4. APPROVE AGENDA Councilmember Pritzlaff pulled item 71) 2007 Storm Water System Monitoring, for separate discussion. MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Representative Pat Garofalo, 5997 193Td Street, gave an update on events at the legislature. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (3/19/07 Regular) b) Adopted RESOLUTION R31-07 Approving DCC Equipment Acquisitions- Finance c) Adopted RESOLUTION R32-07 Calling for Public Hearing on Issuance of Bonds and Capital Improvement Plan - Finance d) Appointment Recommendation Parks and Recreation Commission - Administration e) Accepted Resignation Planning Commission - Administration f) Approved School and Conference - Administration g) Approved Temporary On-Sale Liquor License - Administration Council Minutes (Regular) April 2, 2007 Page 2 h) Adopted RESOLUTION R33-07 Approving Gambling Event Permit - Administration i) Received Information School and Conference - Police Department j) Received Information School and Conference - Administration k) Adopted RESOLUTION R34-07 Accepting Donation Rambling River Center- Parks and Recreation Mayor Soderberg thanked the Page and Kirchner families for their donations. m) Approved Purchase of Property at 20780 Akin Road - Engineering n) Adopted RESOLUTION R35-07 Approving Charleswood Marketplace Development Contract - Engineering 0) Approved Bills APIF, MOTION CARRIED. I) Approve 2007 Storm Water System Monitoring - Engineering There are 2 storm water projects proposed for 2007. One is for the Prairie Waterway and the other is for stormwater ponds Lake Julia and Mystic Meadows. Various agencies have discussed the impact the Prairie Waterway mayor may not be having on the Vermillion River. The concern is the potential for the water to warm up and have a detrimental effect on the trout stream. The monitoring would be to determine if there are detrimental impacts. The reason for the monitoring of the two stormwater ponds is to monitor deeper ponds for the non-degradation process required by the MPCA. A developed watershed and a developing watershed need to be monitored. Mystic Meadows is a concern for the agencies as the pond is at ground water level and the water could be warmed and have a negative impact to the trout stream. Councilmember McKnight was concerned with the agencies bringing this to the City's attention without participating in the cost. The proposal for the two stormwater ponds is more useful now because of the non-degradation plan staff has to do. Councilmember Pritzlaff asked if it was possible to obtain funding for the two stormwater ponds. Staff felt the City was not eligible for aid with this project. Councilmember Fogarty asked ifit was typical to get an MS4 permit and have to pay $20,000 when this information is useful to several agencies. Staff replied the City is required to do a non-degradation analysis. This shows the City is being good stewards of the storm water system. Mayor Soderberg noted we also did monitoring of the Prairie Waterway last year. He suggested tabling the Prairie Waterway monitoring until staffhas an opportunity to ask the Vermillion Watershed and the DNR to participate in the cost. He suggested approving the monitoring for the two stormwater ponds. Councilmember Pritzlaff requested staff to ask the DNR what is the cut off point as to which pond they look at and how far away they need to be from the trout stream. MOTION by McKnight, second by Pritzlaffto approve the expenditure for monitoring of Lake Julia and Mystic Meadows. APIF, MOTION Council Minutes (Regular) April 2, 2007 Page 3 CARRIED. Information on the Prairie Waterway will be brought back to the April 16, 2007 meeting. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Vermillion River Crossing Issues - Administration Mr. Bob Knutson stated he and his brother are owners of V ermillion River Crossing. They are working on a Settlement Agreement with a partner. He took ownership of the problems this past year. They felt the problems needed to be corrected now. They need to complete the Settlement Agreement and then bring in the new management team. By mid-summer there should be activity on the site. There should be new buildings being constructed by the end of the summer and utilities. If the utilities cannot be done this year, they are considering connecting the bridge with Duschene Road with a gravel road. They did not want to put in the bridge this soon, but it had to be constructed because ofthe Met Council grant. Councilmember McKnight noted their letter mentions a completion date for Duschene Road of December 31, 2008, but taking an interim step to open the road by August 1,2007. He has received more questions on the bridge and the road than anything else. He will consider their other requests if this can be resolved this year. The developer is requesting an extension date on the development agreement, a change from escrow to letter of credit, approval of a transfer of the development agreement from the current developer (Vermillion River Crossing, LLC) to a new entity that does not include Pedersen Ventures as an interest holder. Councilmember Pritzlaff stressed the need that Council has to see this proj ect move forward. Mr. Knutson felt Council will be pleasantly surprised with the amount of activity that will take place this year. MOTION by Pritzlaff, second by Fogarty to approve an extension ofthe date of completion on the development agreement to December 31, 2008 and the construction of Duschene Road as outlined in the letter from First Capital dated March 28, 2007, substitute a letter of credit for the escrow, and a transfer ofthe development contract to a new development corporation. APIF, MOTION CARRIED. b) Elm Street Project Update - Engineering The schedule for the Elm Street project is Dakota County will put the plans out to bid by April 13, 2007, the bid opening is scheduled for May 9,2007, the project will be awarded at the County Board meeting on May 22, 2007, and the proj ect Council Minutes (Regular) April 2, 2007 Page 4 would begin on June 4,2007. The area west of the tracks would begin after Rambling River Days is over. Some business owners have expressed different options of phasing that would be beneficial to them. Additional phasing would have to be resolved with the contractor after the bids. To spec a certain type of phasing could add significant cost to the project. There are contamination sites in this area similar to other projects such as Main Street and Ash Street. To phase the proj ect in a particular way would not be wise as far as getting the proj ect done on time and keeping the costs reasonable. It will be important for the contractor to get that work done as quickly as possible and minimize the amount of dewatering that needs to be done. The dewatering will require monitoring because of the pollutants. Regarding the communication plan, a communication group is being formed. There will be a meeting prior to the start of the project and once a month during the project. There will also be a weekly project meeting, held at City Hall, on Wednesdays at 2:00 p.m. for anyone who has concerns. A handbook will be delivered to businesses and available at City Hall to give an overview of the project, access to businesses, show detours, etc. There will also be a flyer giving a concise overview and showing detours to reach each business. This flyer will be sent to every residence in the City. Dakota County will be giving construction updates to property owners each week and will post it on their website. A hotline will also be available for people to call and there will also be e-mail updates. This will be handled through the County. There will be a press release ifthere are any changes. Mayor Soderberg noted this is excellent work and asked about keeping track of the cost. Staff could track the mailings and estimate staff time. Councilmember Pritzlaff asked about placing a sign a month prior to the project giving the start date to make people aware ofthe project. Staff noted Dakota County would do this and will check with them on the timing. Councilmember Pritzlaff also suggested noting the detour route. City Engineer Mann presented a map showing the trees along the route. They will retain as many as possible and replace trees where it is possible. There is also the opportunity to fill some gaps. Mayor Soderberg would like trees planted that create a canopy over the street. Regarding the trees to be removed, he asked ifthere was any lumber value to them. Staff stated that will be left up to the contractor, but ifthey are diseased they may not be in shape for lumber. Councilmember Pritzlaff suggested trees that have a deeper root system so they do not cause problems with the sidewalk in the future. Council agreed staff should try to fill in the gaps. The streetscape design is within budget. Three gateway banners are proposed in front of Dakota Motors and Linn's Carpet. There will also be new trees, bollards along the parking for Subway and Dakota Motors, and hanging baskets. The Council Minutes (Regular) April 2, 2007 Page 5 benches have been removed from the plan as there is not enough room on the sidewalk and they could pose a safety hazard along Elm Street. There are several sites with fuel and groundwater contamination. There are two main issues. One is the soil contamination. As the sanitary sewer and watermain are installed, the contamination will have to be removed and disposed of. The second issue is the contaminated groundwater. The City has a permit from the PCA for discharging to the Vermillion River. The permit says what the limits are as far as concentrations for various items. The location of the dewatering wells and the timing needs to be worked out to avoid doing additional treatment. Ifwe have to mitigate with additional treatment it could cost $150,000. This would come from the sewer and water funds. Staff is also looking at options for funding assistance. 11. UNFINISHED BUSINESS a) Boulevard Tree Policy - Engineering Currently the City is responsible for trimming boulevard trees. The current inventory contains 20,000 trees and the City is trimming 5% of them annually. Current practice is also to remove and replace trees within the boulevard. There is a backlog of 300 trees. The 2007 budget allows for replacement of 30 trees. Staff recommends increasing the current level oftrimming to 20% per year. It is recommended to eliminate the backlog oftrees by removing and replanting all of the trees needing replacing in 2007. In the future, removal of dead boulevard trees would be the responsibility of the City. Tree replacement would be left to the home owner, and if replanted the owner would have to plant the tree on their private property, not in the boulevard. Recommendation for new development is to locate the trees on private property along residential streets. Along major collectors, trees would be required to be located in the boulevard. The City would continue to be responsible for replacing and trimming these trees. The estimated cost for the recommendations is $207,000. To eliminate the backlog it would cost $200,000. Councilmember McKnight was concerned with doing this in 2007 when it is not in the budget. A large portion may have to be done next year. City Administrator Herlofsky suggested borrowing from the solid waste fund. The backlog goes back two years. Mayor Soderberg felt the City should honor the commitment to replace the trees. Councilmember Pritzlaff suggested explaining the change in policy and that we are trying to eliminate the problem. Councilmember Fogarty stated we have told people their tree will be replaced. To not replace it seems dishonest. Regarding the backlog, it was decided to honor the policy ofthe City replacing the trees. Staff will bring an actual cost back to Council for eliminating the backlog. Removal of trees in the boulevard remains a City responsibility. Regarding replacement, from tonight forward the decision to replace a tree will be left to the homeowner and if replaced it would be on their private property. Council Minutes (Regular) April 2, 2007 Page 6 Currently utilities are placed in the drainage and utility easement which is lOft. behind the sidewalk. In new developments, utilities could be placed in the boulevard and then trees could be placed closer to the sidewalk. The practice of promising replacement of boulevard trees should end tonight. This item was tabled for staff to bring back financial information. 12. NEW BUSINESS a) Approve New Position - Human Resources Staff suggested adding a maintenance position to be funded by the water utility. Currently the City utilizes maintenance staff to maintain well sites, install, repair and read meters, flush hydrants, etc. The Water Board pays a consultant for meter reading and lawn care around the well sites. A maintenance worker would be added to the streets and utilities division of Public Works. Each year a maintenance worker would be assigned to water utility. This would allow for more people to be aware of water utility work and eliminate the need for consultants. This position would also be on a snow plow route. Staff estimates less than 25% ofthe cost ofthis position would come from the general fund. Cost for consultants for meter reading and lawn care is $51,000. MOTION by McKnight, second by Fogarty to approve the addition of a maintenance worker position designated to the water utility division in the Public Works Department. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) April 9 Council Workshop 5:30 Wold Presentation - City Hall 6:30 Counci1/Planning Commission - Comprehensive Plan Human Resources Director Wendlandt: The City has joined Dakota County's i-net, which is their fiber optic network. The City will cut over to that network this week. The City has started a wellness initiative with a Shape-Up Challenge which starts Monday and runs for six weeks. Mayor Soderberg: He presented the State of the City address to the NDC and the Rotary Club. The taping will take place on Wednesday with broadcasts beginning on Friday. City Administrator Herlofsky started on May 1, so Mayor Soderberg directed City Attorney Jamnik to provide evaluation forms to Council for completion. A performance review would be held at the May 21 Council meeting. On a future agenda will be the Fire Services Contract during the Fair. The Chair ofthe Fair Board contacted the Mayor with a concern in the rising cost. This is also used as a training event for the fire fighters. The fairgrounds has allowed the City to store debris on the grounds during the storm a couple years ago and allow the City to stage the Rambling River Days parade on the grounds at no cost to the City. The cost for the equipment will be incurred no matter where the vehicles are parked. He asked Council to Council Minutes (Regular) April 2, 2007 Page 7 consider reducing the cost of the vehicle expense by $2,000. This is a unique situation and the Dakota County Fair provides a great benefit to the community. These costs are from the fee schedule. Councilmember Pritzlaff suggested leaving the cost at the 2006 level for three years. Mayor Soderberg noted it does not cost $3700 to drive the fire truck to the fairgrounds and the fire fighters use this as a training exercise. Council should think about this and contact either the Mayor or the City Administrator. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:14 p.m. APIF, MOTION CARRIED. Respectfully submitted, ?~?rl~ Cynthia Muller Executive Assistant