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HomeMy WebLinkAbout08.20.07 Council Minutes COUNCIL MINUTES PRE-MEETING AUGUST 20, 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 None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Brenda Wendlandt, Human Resources Director; Kevin Schorzman, Assistant City Engineer; Lee Smick, City Planner; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA a) Planning Commission Appointment Council discussed the appointment of Mr. Tim Burke to the Planning Commission. Councilmember Fogarty made a change to the August 13,2007 Council Workshop minutes. Councilmember McKnight asked about the ordinance amendment for garages, noting this was discussed by Council two months ago and brought back again. After the approval for amending the ordinance requiring pavement to garages, staff was made aware that if there is a garage in the back, with the narrow side setbacks on the lots pavement would have to be in the drainage and utility easement which is not allowed. The Planning Commission decided to forego requiring a driveway to a detached garage. Council decided to pull this item for further review. Councilmember McKnight asked about the ordinance amendment for signs. For home occupation, he noted freestanding signs are allowed for home occupations. Staff explained this is the current practice. Councilmember Wilson asked to have all ordinance amendments placed on the regular agenda for discussion. Council Minutes (Pre-Meeting) August 20, 2007 Page 2 Councilmember Pritzlaff noted if they have gravel going to the detached garage, when it gets packed down it becomes like a concrete surface. He suggested including that in the amount of impervious surface on the lot. Councilmember Fogarty noted the purpose was to eliminate dirt driveways and as they are redeveloped, they need to be paved. It was decided to pull this item for further review. Councilmember Wilson asked about the payment to the City of Apple Valley for $9400. Staff explained that is the quarterly payment to the Cable Commission for Mark Moore's time. He then asked about payment to the City of Rosemount. Staff explained it was for a field trip for a Parks and Recreation program. Councilmember Wilson also asked about payment to Prairie Restoration and if that was for work by the Fire Station and Central Maintenance Facility. Staff replied it is for the Maintenance Facility and for a site in Tamarack. Councilmember Wilson asked if there was a guarantee for their work. Staff explained ifthe plants do not grow, they are not paid and they redo the work. 5. STAFF COMMENTS Parks and Recreation Director Distad pulled item 5a) Introduce New Employee as he was unable to attend the meeting. 6. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 6:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~d- /r?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR August 20, 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 None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Brenda Wendlandt, Human Resources Director; Kevin Schorzman, Assistant City Engineer; Lee Smick, City Planner; Jen Collova, Natural Resources Specialist; Kellee Omlid, Recreation Programmer; Cynthia Muller, Executive Assistant Mike, Donna, Mikayla Polski 4. APPROVE AGENDA Councilmember Fogarty pulled 7k) Amend Ordinance Detached Garages, Storage Sheds and Accessory Structures for further review. She made a change to the August 13, 2007 Workshop Minutes. Councilmember McKnight pulled item 7e) Appointment Recommendation Planning Commission for separate vote. Councilmember Wilson pulled items 7i) Amend Ordinance Statement of Purpose, Requirements for Residential-Downtown Zone, item 7j) Amend Ordinance Revisions to Definitions, item 71) Amend Ordinance Signage for Residential, Business, Industrial Park, Spruce Street Commercial, Mixed-Use, and BusinessIFlex Zoning Districts for discussion. Councilmember Pritzlaffhad questions on the bills. Parks and Recreation Director Distad pulled item 5a) Introduce New Employee as he was unable to attend the meeting. Mayor Soderberg pulled item 7m) Personnel Issue. The item regarding Francis Blaha will be pulled for a future meeting and the issue regarding Chad Rognlie will remain on the agenda. MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS b) Acknowledge Parks and Recreation Employees - Parks and Recreation Mike and Donna Polski submitted a thank you letter to the Pioneer Press for Kellee Omlid for resolving a situation that allowed their daughter, Mikayla, to Council Minutes (Regular) August 20, 2007 Page 2 play in the last T -ball game and attend the trophy ceremony. Mayor Soderberg stated this is how he would like all employees to be. When someone calls with a concern or a problem, that they take it on as their own and they solve the problem. He expressed Council's thanks to Kellee and to the Polski's for the letter and coming to the meeting. Kellee thanked the Polski's for the letter and Tim Larson and Ted Novak for watering down the ball field. City Administrator Herlofsky noted Kellee did not tell anyone she did this. The City owes the Polski's a thank you for bringing this to staff s attention. It allows staff and the Council to be proud to work in the same place Kellee does. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (8/6/07 Regular) (8/13/07 Special) b) Adopted RESOLUTION R66-07 Accepting Donation Rambling River Center Memorials - Parks and Recreation c) Adopted RESOLUTION R67-07 Accepted Donation Party on the Knoll-Parks and Recreation d) Adopted RESOLUTION R68-07 Accepting Donation Swim Bus - Parks and Recreation f) Approved Appointment Recommendation - Fire Department g) Approved Appointment Recommendation - Fire Department h) Approved CDBG Subrecipient Agreement - Economic Development m) Approved Chad Rognlie's Termination from the Fire Department - Human Resources Pulled Francis Blaha Termination for further review - Human Resources n) Approved Bills APIF, MOTION CARRIED. e) Appointment Recommendation Planning Commission - Administration MOTION by Soderberg, second by Fogarty to appoint Tim Burke to the Planning Commission. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Voting against: McKnight. MOTION CARRIED. i) Amend Ordinance - Statement of Purpose, Requirements for Residential- Downtown Zone - Planning This is concerning the downtown residential district. The ordinance recognizes the development patterns of the original residential areas, but also allows for a higher density. Staff is proposing a new purpose statement that clearly defines multi-family, two-family, etc. Councilmember Wilson asked if there was any pending development with the Planning Commission that caused this to be reviewed or is it in conjunction with Council Minutes (Regular) August 20, 2007 Page 3 the historic downtown overlay. City Planner Smick stated this was her idea to review several codes to make sure they are up-to-date and make sense. MOTION by Fogarty, second by Wilson to adopt ORDINANCE 007-574 approving the text amendments in Section 10-5-12 (A) and 10-5-12 (B) of the City Code. APIF, MOTION CARRIED. j) Amend Ordinance - Revisions to Definitions - Planning The definition regarding boulevard trees was pulled from the ordinance as the Planning Commission wants to review them at their September meeting. The garage, private and garage, detached definitions were also removed. Regarding storage sheds, there are private garages and sheds. Staff wanted to distinguish between private garage and detached garage. Building a storage shed under 200 sq ft does not require a building permit. The minimum size for a garage is 240 sq ft. There was a discussion regarding the definition of sheds and garages. MOTION by Wilson, second by Pritzlaffto continue this item at the September 17,2007 Council Meeting. APIF, MOTION CARRIED. k) Amend Ordinance - Detached Garages, Storage Sheds and Accessory Structures - Planning Councilmember Wilson suggested getting a communication to residents that this item will be discussed at the September 17, 2007 meeting. Mayor Soderberg asked about the requirement to store cars in a garage. Staff explained for some people the 120 sq ft shed is not large enough, so they want to have a larger storage facility. The next larger size is 1,000 sq ft to make certain it can hold a car. This is the way the current ordinance reads. City Attorney J amnik noted this has come up in other cities were the intended use of the garage has been consumed by additional storage or home occupations, etc. To have the accessory structure available for its intended purpose is not unusual. When this comes back to Council, staff will also discuss access to garages and drainage and utility easements. Storage sheds will be limited to 200 sq ft. Anything larger would be considered a garage and needs to be a minimum of240 sq. ft. with a garage door. Any size in between would not be allowed. Mayor Soderberg felt they are taking something away from property owners by doing this. The height would be limited to 12 ft. Councilmember Pritzlaff asked what happens if it is not built sturdy enough. He asked if there should be a standard they have to meet. City Planner Smick noted the ordinance states they shall meet the minimum requirements ofthe building code and be anchored in place as approved by the Building Inspector. Councilmember Pritzlaff felt a building permit should be required. I) Amend Ordinance - Signage for Residential, Business, Industrial Park, Spruce Street Commercial, Mixed-Use, and Business/Flex Zoning Districts - Planning Staff explained the changes being made in sign definitions. For home occupations staff will be allowing freestanding signs and wall signs. In the B and Council Minutes (Regular) August 20, 2007 Page 4 1-1 zoning districts, one monument identification sign per street frontage will be allowed on a lot. MOTION by Wilson, second by McKnight to adopt ORDINANCE 007-575 revising signage requirements in Residential, Business, Industrial Park, Spruce Street Commercial, Mixed-Use, and BusinessIFlex Zoning Districts. APIF, MOTION CARRIED. n) Approve Bills Councilmember Pritzlaff asked about the payment to EnviroTech for other construction costs for City Hall of$19,655. Staff replied that was required to remove the asbestos from the Blaha building before it was demolished. This was considered as part ofthe project cost and was part ofthe cost of demolishing the building, which was part of the cost of the bond. Councilmember Pritzlafffelt this was an extra. He asked if it was part ofthe contingency or a change order. Staff explained it was part of the proj ect budget. Council will be updating the budget each month showing each budget item and the cost for each item. Councilmember Pritzlaffwas not comfortable with seeing this in the list of bills and felt it was something that was missed. He would like to see the specification for the building from the architect as to whether this was in the bid. Staff explained this was not included in the bid as it is a specialty item done separately. The general contractor does not do asbestos removal. Councilmember Fogarty clarified when the City acquired the Blaha building for the new City Hall, Council new there would be asbestos removal. This cost is half of the estimated cost. Councilmember Pritzlaff stated he was aware there was asbestos in the building. He was asking why was this not in the bid for City Hall. He felt this was an extra. City Administrator Herlofsky explained from a cost basis, if it is not included in the construction, he would prefer it not be part of Wold's project because then they charge a fee on top of it. Everything the City can do themselves is to our advantage. It is still a cost for the building, but it is separate from the construction cost. Wold was not running the project when the Blaha building was demolished. Staffwas aware certain things needed to be done to the building before it was demolished. Demolishing the building was part of the bid cost. The costs of remediation were separate from that and were included in the project budget and in the bond. Councilmember Pritzlaff stated this was the first time he heard there was an additional cost the City is taking on so Wold does not add on their percentage. This is $19,655 of extra money he was not told about. When Wold put the bid out for City Hall, he thought everything was in there. Now there is $19,655 that clearly to him should be in the project. City Administrator Herlofsky explained even the furniture is not in the project for Wold to add on their percentage. Staffwill prepare a spreadsheet for Council showing the costs. MOTION by Pritzlaff, second by Wilson to reconsider approval ofthe bills. Voting for: McKnight, Pritzlaff, Wilson. Voting against: Soderberg, Fogarty. MOTION CARRIED. Councilmember Pritzlaff then asked about payment to Fischer and Sons for private capital projects for $6,895. Staff explained this is for the Hometown project. Their letter of credit has been pulled and staff is in the process of Council Minutes (Regular) August 20, 2007 Page 5 completing the work left undone when the project went into default. When those bills are covered, they are covered by the letter of credit money the City is holding which is held in the private capital projects account which is in accounts payable. This account is then reduced by the amount ofthe bills paid. Councilmember Pritzlaff asked to pull this payment for separate vote. Councilmember Pritzlaff asked about payment to Lamettrys Collision Lakeville in the amount of $1 0,609.30. Staff explained the City is carrying a $10,000 deductible. This pays for two City vehicles which were damaged in accidents. One charge of $6,000 will be sent to the insurance company as the City was not at fault. The balance is due to a squad car being involved in an accident. Councilmember Pritzlaff agreed to leave this on the list of bills. Councilmember Pritzlaff asked about payment to Wold Architects for HRA/Economic Development in the amount of $4,308.85. Staff explained these are the fees the EDA has incurred for the demolition of the Riste building. The EDA has approved this as a separate expense. Wold did the specifications for demolition to make sure it was done correctly. This was done to meet certain requirements for CDBG funding. Councilmember Pritzlaff agreed to leave this on the list of bills. MOTION by Wilson, second by McKnight to approve the bills except for EnviroTech Remediation Service and Fischer and Sons. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve the bill for EnviroTech Remediation Service. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. MOTION by McKnight, second by Fogarty to approve the bill for Fischer and Sons. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Jill Loosbrock has submitted an ap~lication to practice Therapeutic Massage at Hadler Family Chiropractic, 625 8t Street. MOTION by McKnight, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve a Therapeutic Massage License for Jill Loosbrock at 625 8th Street. APIF, MOTION CARRIED. 9. A WARD OF CONTRACT a) Adopt Resolution - Tree Replacement and Maintenance - Natural Resources Two bids were received for this project. The low bidder was Hoffman and McNamara with a base bid of $85,460. This will be funded from the private capital projects fund. The current balance of the fund is $200,000. The money from this fund comes from administrative and engineering fees charged to developers. The City no longer charges this overhead fee. Council asked for a list ofprojects recently done by this company for reference. There are 130 trees Council Minutes (Regular) August 20, 2007 Page 6 to be replaced. MOTION by McKnight, second by Fogarty to adopt RESOLUTION R69-07 accepting the base bid of Hoffinan & McNamara in the amount of $85,460 and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Informative Billboard Sign age - Engineering The City has the opportunity to use the billboard along Pilot Knob Road, north of hwy 50 to get out public service messages. Messages will include water restrictions, parking restrictions, storm water, recycling, etc. This will meet the education requirements of some ofthe City's programs. The cost would be $8,300 per year. The cost will come from the enterprise funds or the general fund. Current forms of communication will continue. Council agreed with the use of the billboard signage. 11. UNFINISHED BUSINESS a) Schedule Mill and Overlay Workshop - Administration Council set the workshop for September 5,2007 at 7:00 p.m. Staffwill notify the residents. 12. NEW BUSINESS a) Draft 2008 Budget - Finance Staff provided a copy of the proposed 2008 Budget to Council. Council set the budget workshop for September 10,2007 at 5:30 p.m. Council will be required to adopt the preliminary 2008 levy and budget at the September 17,2007 Council Meeting. Councilmember Pritzlaff noted the memo states building permit revenue assumptions were revised downward by $58,600. He would like to see the original numbers. He noted expenditures include two new and two upgraded positions in the general fund. He would like to know what the positions are. He understood the decrease of $508,967 from the amount presented at the workshop. He understood Council asked staff what they wanted, and decreasing the budget by $508,967 is good, but he was not comfortable with asking departments for a wish list because it looks like the budget was reduced by $508,000 when most of the positions might not have been approved. Finance Director Roland stated the memo was intended to address the fact staff has worked to balance the budget since the budget workshop and to give Council basic information. An in-depth conversation will be held at the budget workshop. 13. COUNCIL ROUNDTABLE a) Retreat Date City Administrator Herlofsky proposed to have the retreat at one of the Dakota County parks and has some suggestions for a facilitator. He asked Council to set a date to continue with the planning. Councilmember McKnight felt Council should determine priorities and plans for the next year or two at the retreat. Council Minutes (Regular) August 20, 2007 Page 7 Council set the evening of October 11 after 5:30 p.m. and during the day of October 12, 2007 for their retreat. Councilmember Fogarty: Noted Marschall Lines donated a large portion of the cost for the swim bus. She thanked everyone for attending the Dakota County Fair. Councilmember Pritz/aft: Regarding the list of bills, he asked of there is something out of the ordinary on the list of bills if staff could provide a cover memo explaining what the item is. Mayor Soderberg stated ifhe has a question, he will go to City Hall and look at the invoice, or ask staff rather than taking time at the meeting. There will continually be bills that are not recurring on a monthly basis. For staff to write a memo for bills would not be a productive use of their time. Councilmember Pritzlaff stated he was not asking for every bill, but lately there have been questions on some payments. Councilmember Fogarty stated she calls Finance Director Roland with questions. Councilmember Wilson stated he does not have a problem talking about the bills during pre-Council. Tonight was an exception. Councilmember Pritzlaff sent an e-mail to Council with the idea of a meeting to review a complete list ofthe project updates on City Hall, what is being paid, the purpose, the amount. He would also like to have a meeting with a project update for the Elm Street project. The Elm Street project meetings are well-attended by residents and he would like to see the same thing for City Hall. City Administrator Herlofsky stated there are construction meetings with the contractor on Wednesdays at 8:00 a.m. and staffmeets on Tuesdays at 10:00 a.m. The advantage with Elm Street is that there were customers affected by the project. Updates for the City Hall project could be placed on the website. Staffwill provide a monthly update of all the bills for the City Hall project. Mayor Soderberg: The first Dakota County Communications meeting was held on-site at their new facility on 160th Street and TH3. The Ramble and Amble was held last Friday night and it was a great event. There is an opportunity to attend League of Minnesota Cities regional meetings. There is also an Excellence in Leadership seminar Thursday. Mayor Soderberg will be attending. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:28 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~.i: ;--v7~ '.cYnthia Muller Executive Assistant