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HomeMy WebLinkAbout08.06.07 Council Minutes COUNCIL MINUTES PRE-MEETING AUGUST 6, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:40 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS Mr. Jerry Sayers commented on the 2030 Comprehensive Plan. He thanked Council for giving attention to the area along hwy 50 up to the Lakeville border. The 2030 Comprehensive Plan includes their family farm. He objected to two items in the Comprehensive Plan. The 40 acres on the north end of their farm has been left as agricultural. This acreage is the worst agricultural land and is a mud hole. He would like to have that area converted into commercial as indicated for the land along hwy 50. The second issue is the park which includes their home place south ofhwy 50 next to the Lakeville border. There are no people in this area. It is valuable land and Mr. Sayers felt it would be wise to make both pieces commercial and have the tax revenue. Council has turned a corner on creating a new source of revenue for the City. The park duplicates the services the high school will have. Mr. Sayers stated they are not willing to give up their home place. He thanked Council for noticing this area. Mayor Soderberg suggested Mr. Sayers attend the neighborhood meeting Thursday night for the Comprehensive Plan. Mr. Dale Lomas, First Presbyterian Church, stated they were not properly notified of the mill and overlay assessment. He wrote two letters to City Engineer, Lee Mann, protesting the assessment method used for the project. The church accepts certain rules and procedures were followed in the process, but there is not much fairness involved. The church has a street frontage of3% ofthe project and generates less than 1 % of the traffic. They have been assessed $14,775, which is 9% of the total project. It is apparent Council Minutes (Pre-Meeting) August 6, 2007 Page 2 that some radical changes must be made in the process. Using this assessment logic, if the church property included only the building and the small parking lot, the assessment could be reduced by 50% - 75%. They are being penalized for providing an attractive green space for the neighbors. The church feels they should pay their fair share of the street upkeep, but there should be some fairness in the process. He asked the Council to reduce the assessment to the percentage of the street frontage. 4. COUNCIL REVIEW OF AGENDA Councilmember Wilson noted the manhole cover in front of his house is half covered with gravel and seal mix since the seal coat project was done. Staffwill check on this. Councilmember Wilson asked about the assignment of the Development Contract for Sunrise Ponds and ifthere would be continuity in the plans with the change in developers. Staffwas not aware of any changes. Councilmember Wilson was uncomfortable approving this item unless he knew what the new developer has planned and if it is consistent with previous plans. Councilmember Wilson then asked about the Fairhills Pond slope project and if staff had any information about the contractor. Staff noted due diligence was taken in observing the history of the contractor. Councilmember Pritzlaff thanked Administrative Assistant Lena Larson for compiling the clean-up day information. Councilmember Pritzlaff asked about the assignment of the Development Contract for Sunrise Ponds and ifthere are other developments with MW Johnson where the City has a problem with them completing developments. The only other development staffwas aware of was Bristol Square, but did not know of any issues. Councilmember Pritzlaffthen asked about the payment to 3rd Lair Skate Park as he thought the skate park was closed. Staff explained this was payment for a summer camp program. Mayor Soderberg proposed moving the items regarding the mill and overlay assessment objections and adopting the assessment resolution for the mill and overlay project after the consent agenda. Regarding the Cataract Relief Association pension request, Mayor Soderberg stated he had no problem with the dollar amounts requested. He had a concern that it was characterized as a per fire fighter contribution from the City, so we are defining the contribution as well as defining the benefit. He asked if there was a way to define it that it is not a contribution based on the number of fire fighters. He did not want to set an expectation that the City would guarantee a contribution per member and also guarantee a benefit. Council Minutes (Pre-Meeting) August 6, 2007 Page 3 5. STAFF COMMENTS 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:57 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ ?r7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR AUGUST 6, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. Mayor Soderberg called for a moment of silence for the victims in the 35W bridge collapse. 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; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Lacelle Cordes, Dale Lomas, Jerry Ristow, Dave Steinke, M. Adamson 4. APPROVE AGENDA Mayor Soderberg suggested moving item 6a) Objections to Mill and Overlay Assessment and lla) Adopt Assessment Resolution - Mill and Overlay Project to after the Consent Agenda. Councilmember McKnight stated at the last meeting Council asked for specific information regarding the mill and overlay project on options, costs, and how to pay for them. This has not been received from staff, so he was not comfortable discussing this item tonight. He apologized to the neighbors who came to the meeting, but he proposed pulling both items from the agenda and holding the discussion once Council has all the information they requested in a workshop as was suggested at the last meeting. No one from Council objected, therefore, 6a) and lla) will be tabled and a workshop will be scheduled. Residents will be notified as to when a workshop will be held and when it comes back to the Council Meeting. Councilmember Wilson asked if a response will be provided to Mr. Dale Lomas, who spoke regarding this issue at the pre-meeting. Staffwill provide him with a response. Councilmember Wilson pulled item 7g) Approve Assignment of Development Contract- Sunrise Ponds for separate vote. Council Minutes (Regular) August 6, 2007 Page 2 Councilmember Pritzlaff commented on items 6a) and lla) apologizing to the residents. There was information requested and it was not provided to Council. Council had requested information on cost sharing and who would pay for it and that information was not received. City Attorney Jamnik added item 14b) Pending Litigation regarding Schmitz vs. City of Farmington. MOTION by McKnight, second by Pritzlaffto approve the agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Government Finance Officers Association Budget Award The City of Farmington has received this award for 10 consecutive years. Council appreciated the work of Finance Director Roland. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (7/16/07 Regular) b) Approved Cataract Relief Association Pension Request - Cataract Relief Association Mayor Soderberg stated he had no objection to the dollar amounts identified, his concern was there may be the perception it is a dollar amount per fire fighter on the contribution side and that is not the case. It is a defined benefit program, not a defined contribution program. c) Approved Appointment Recommendation Parks and Recreation - Human Resources d) Received Information 2007 Clean-up Day Report - Public Works e) Adopted RESOLUTION R62-07 Accepting Donation for Pollution Prevention Day - Public Works f) Approved Wetland Alteration Permit - Fairhills Pond Project - Engineering h) Adopted RESOLUTION R63-07 Scheduling 2007 Seal Coat Project Assessment Hearing for September 17, 2007 - Engineering i) Approved Dakota Communications Center Subscriber Agreement - Police j) Approved Bills k) Received Information Extension ofFairhill PUD and Preliminary Plat Review- Planning APIF, MOTION CARRIED. g) Approve Assignment of Development Contract - Sunrise Ponds - Engineering Councilmember Wilson recalled Council took a fair amount of time working through the development process with Sunrise Ponds and wanted to make sure the development would be consistent. He would like to see a communication directly Council Minutes (Regular) August 6, 2007 Page 3 from the developer. Mayor Soderberg noted 21 Oth Street is still in process. All the terms and conditions assigned to Sunrise Ponds would apply to MW Johnson. MOTION by Fogarty, second by Pritzlaffto approve the assignment of the Sunrise Ponds development contract from Sunrise Ponds LLC, to MW Johnson Construction Inc. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Voting against: Wilson. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Flagstaff Avenue Project - Engineering The low bidder was Ryan Contracting Company with a base bid of $8,421 ,058.11. The project would be funded as stated in agreements between the City, the school district, the Met Council, and Lakeville. The base bid includes the full watermain loop from Pilot Knob Road to Flagstaffto 195th Street. The school district and the Water Board reached an agreement regarding the funding of the northerly loop. There have been discussions with concerns about whether the contractor could meet the specifications ofthe project. The City will hold the contractor to the specifications. When the contractor signs the contracts, they are agreeing to build the project according to the specifications. Ryan Contracting has agreed to this including any of the aggregates on the project. Councilmember Fogarty thanked City Engineer Lee Mann and the Water Board for reaching an agreement with the school district on the northerly loop. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R64-07 accepting the base bid of Ryan Contracting Company of $8,421 ,058.11 and awarding the project. APIF, MOTION CARRIED. b) Fairhills Pond Slope Project - Engineering The low bidder was Jay Brothers, but there was a mistake on their bid and asked to withdraw the bid. The new low bidder is Sunram Construction with a base bid of$298,352.20. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R65-07 accepting the base bid ofSunram Construction of $298,352.20 and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) June Financial Report - Finance The advance on the property taxes brought revenues to 32.5% of annual budget. In July the balance ofthe property taxes will be received and revenues will be over 50%. The revenues for building permits are at 92% because ofthe permit for the new high school. The majority of departments are under 50% for expenditures by 4-5%. Overall the general fund is 4% under the half-way point including transfers out to other funds for the Rambling River Center and the swimming pool. In July there will be a transfer of funds from the City Hall project to the EDA, reimbursing them for the site ofthe new City Hall. The liquor store shows good sales in June and revenues are exceeding expenditures. Council Minutes (Regular) August 6, 2007 Page 4 11. UNFINISHED BUSINESS 12. NEWBUSINESS a) City of Farmington Logo - Administration Administrative Services Director Shadick presented the new logo. 13. COUNCIL ROUNDTABLE a) Transportation Workshop - Engineering The transportation workshop is scheduled for August 13,2007 at 5:30 p.m. b) Watering Restrictions Reminder -Public Works Staff encouraged residents to follow the watering restrictions, which are odd/even addresses and no watering 12:00 - 6:00 p.m. There are almost seven wells in operation in the summer and in the winter, two wells are in operation. Councilmember Fogarty: Reminded everyone tomorrow is National Night Out. Councilmember McKnight: The last 3-4 months Council has talked with the developer regarding the Spruce Street corridor and there were promises made to Council the road would be open by August 1,2007. There has been very little communication since that meeting. He asked Council to instruct staffto give options on completing the road and getting the bridge open. Mayor Soderberg stated he has asked Mr. Knutson to make sure communication takes place with the City Administrator. City Administrator Herlofsky stated the City has been contacted by people who want to buy property in Vermillion River Crossing. The developer has been told the issue with ownership will be settled in the next couple weeks. Ifthis does not take place, City Administrator Herlofsky will talk with the City Attorney to resolve this. Councilmember McKnight noted Council was put under a lot of pressure to make a $2 million decision. He receives more questions and comments on the bridge being closed than anything else. Councilmember Fogarty noted the EDA sends out letters of default for this type of thing. Councilmember McKnight stated he wants the road open and the project to move along. Council needs to be in the loop as they have fulfilled their commitment to the project. Mayor Soderberg suggested bringing options to the September 4, 2007 Council Meeting. Councilmember Wilson instructed staff to send a letter to the developer that they are past the deadline. Councilmember McKnight noted a retreat has not been held this year. He suggested determining dates to hold a retreat to plan the work for the next year or two. City Administrator Herlofsky will work on this. Councilmember McKnight thanked the school district for the tour of the new high school. Councilmember McKnight thanked Police Chief Lindquist and his staff for their work on the Police Academy. Council Minutes (Regular) August 6, 2007 Page 5 Councilmember Wilson: Reminded everyone the Dakota County Fair starts today. He thanked staff for the ad in the paper welcoming residents to Farmington. Councilmember Pritz/aft: He attended the Elm Street project meeting last Wednesday. He asked City Administrator Herlofsky to provide an update to Council. Human Resources Director Wendlandt: Reminded everyone of the blood drive on August 8, 2007, from 10:30 a.m. - 3:00 p.m. at Fire Station 1. Mayor Soderberg: He received a call before the meeting from a resident that does a lot of walking around town and she identified several properties that are in disrepair or have code violations. She asked what Council can do. He encouraged residents to take pride in their property and keep them in good repair. He hoped the City would not have to hire a Code Enforcement Officer. If Council has any suggestions, they should forward them to the City Administrator. Currently as staff receives complaints, someone is sent out to address the problem. He will forward the identified addresses to the City Administrator. Councilmember Pritzlaff stated he also was not in favor of a Code Enforcement Officer and agreed people need to take pride in their property. If they do not, residents will call the City. Council recessed at 7:43 p.m. for Executive Session. 14. EXECUTIVE SESSION a) Personnel Issues - Human Resources b) Pending Litigation - City Attorney 15. ADJOURN Respectfully submitted, ~UL P7~ (/' Cynthia Muller Executive Assistant