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