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HomeMy WebLinkAbout10.01.07 Council Minutes COUNCIL MINUTES PRE-MEETING October 1,2007 1. CALL TO ORDER The meeting was called to order by Acting Mayor McKnight at 6:30 p.m. Members Present: Members Absent: Also Present: McKnight, Fogarty, Pritzlaff, Wilson Soderberg Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; 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 Fogarty, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Wilson pulled the September 24, 2007 minutes to abstain. He also pulled the Agreement for Acquisition of 21 oth Street Right-of-Way Corridor for separate vote. Councilmember Pritzlaff asked if the Wetland Health Evaluation Program is only funded by the City. Natural Resources Specialist Collova replied the City funds the program and the county provides in-kind services. Councilmember Pritzlaff pulled the request for City Administrator Annual Leave for discussion and separate vote. He also asked about items on the list of bills including payment to Gerster's, however, staffwill have to research the exact item as the receipt was unclear. This was deleted from the list of bills. Councilmember Wilson asked if Councilmember Pritzlaff was asking so Council is aware of an anniversary. Councilmember Pritzlaff stated if there is someone that should be recognized, he would like to see something as to who is being recognized. Councilmember Pritzlaffthen asked about the payment to Lund Martin Construction for $302,893. Finance Director Roland explained this was the first draw to cover work for the first month. There will be a monthly draw. Councilmember Pritzlaff also asked about the payment to Wold Architects for $16,079. Finance Director Roland stated this is their fixed rate through 35% of observation. Councilmember Pritzlaff added item 5c) recognizing John Powers for being selected to represent the MN Fire Inspectors. Council Minutes (Pre-Meeting) October 1, 2007 Page 2 Councilmember McKnight asked about the source of funding for what the City will owe for the 21 oth Street right-of-way acquisition. Finance Director Roland stated the source of funding is the future proceeds for the construction of the road which will be assessed against the properties in the future. Councilmember Fogarty asked about the land acquisitions for Flagstaff Avenue. City Engineer Mann replied the City has received approval from all properties for the right to construct except for one, which the City will officially have on Wednesday when the 90 days is up for the quick take. There will still be 12 properties the City has not settled with as far as a price for the land. Councilmember Wilson heard some rumors regarding the cost difference in the project. City Engineer Mann stated the City is following the specs of the project and the soils engineer's recommendation for the project. A portion of his recommendations do include an aspect of observing in the field what we actually experience. Depending on what we see, we will make adjustments as necessary to ensure that we have a stable road base. Staff had a meeting with the soils engineer last week and staff is very comfortable that what he has recommended is correct and we will end up with the product we want. The meeting included City Engineer Mann, City Administrator Herlofsky, the soils engineer, the school district, and other engineers. It was pointed out to the school district that this project will be handled like any other City project with a very close look at the costs. The soils engineer was told ifthere are any issues, he is responsible. The soils engineer is a separate contractor working for the City. 5. STAFF COMMENTS City Administrator Herlofsky pulled item 5a) as Mr. Bob Knutson could not make arrangements for everyone to come tonight, so they will be at the October 15 Council Meeting. He pulled item 9a) Approve Contract Riste Building Demolition as it needs to be approved by the EDA. There will be a special EDA meeting so this can move forward. 6. ADJOURN MOTION by Pritzlaff, second by Fogarty to adjourn at 6:44 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~,Jr?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR October 1, 2007 1. CALL TO ORDER The meeting was called to order by Acting Mayor McKnight at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor McKnight led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: McKnight, Fogarty, Pritzlaff, Wilson Soderberg Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant Lois Meyer, Drew Hortzell, Clyde Hanson, Jerry Ristow, Scott Geist, Suzie Gallegan, Bill Pritchard, Bob Doll, Nick Schultz, Jim Meyer, Jerry Benoit, Bri Sellan, Amy Novack, Morgan Tellingsen, April Hayes 4. APPROVE AGENDA Councilmember Wilson pulled 7a) Special Council Minutes 9/24/07 to abstain and pulled 7e) Agreement for Acquisition of210th Street Right-of-Way Corridor for separate vote. Councilmember Pritzlaff added 5c) Recognizing John Powers, and pulled 7i) City Administrator Annual Leave for discussion. City Attorney Jamnik pulled the Gerster bill for $48 from the list of bills. City Administrator Herlofsky removed 5a) Mr. Bob Knutson - Vermillion River Crossing as he was not available, removed 9a) Riste Building Demolition Contract as this will be handled by the EDA, and removed lId) Vermillion River Crossing Update as this will be on the October 15 Council agenda. MOTION by Fogarty, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS b) Recognize 125th Anniversary of the Order of the Eastern Star, Myrtle Chapter 13 Acting Mayor McKnight read a proclamation recognizing the 125th Anniversary of the Order of the Eastern Star. c) Recognize Fire Marshal John Powers Councilmember Pritzlaffnoted Fire Marshal John Powers has been selected to represent MN Fire Inspectors in their review of performance training systems fire inspector test bank. He has been the Fire Marshal since November 2001 and was Council Minutes (Regular) October 1, 2007 Page 2 highly recommended by the Fire Marshal's Association of Minnesota for participation in the review. 6. CITIZEN COMMENTS a) Response to Mr. Dale Lomas - Administration Mr. Clyde Hanson, 608 Fairview Circle, representing First Presbyterian Church, noted Mr. Lomas was not able to attend the meeting. Mr. Hanson stated it is too late to change what has already been done, but they wanted to express for the future that the City take a better look at assessments for small churches. Their assessment for the mill and overlay project was $15,000 and is hard on their budget. 7. CONSENT AGENDA MOTION by Fogarty, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (9/17/07 Regular) b) Approved School and Conference - Fire Department c) Adopted RESOLUTION R72-07 Accepting Donation -Fire Department d) Approved Extension of Final Plat - Riverbend - Planning f) Approved 2007 Wetland Health Evaluation Program Funding - Natural Resources g) Approved Tobacco License - Administration h) Approved Extension of Downtown Liquor Store Lease - Finance j) Adopted RESOLUTION R73-07 Approving Non-Bargaining Cost of Living Increase - Human Resources k) Approved Bills APIF, MOTION CARRIED. a) Approve Council Minutes (9/24/07 Special) MOTION by Fogarty, second by Pritzlaffto approve the September 24, 2007 Special Council Minutes. Voting for: Fogarty, McKnight, Pritzlaff. Abstain: Wilson. MOTION CARRIED. e) Approve Agreement for Acquisition of 21 Oth Street Right-of-Way Corridor - City Attorney Councilmember Wilson stated he had concerns with this in December and his position has not changed. MOTION by Pritzlaff, second by Fogarty to approve the Agreement for Acquisition of 21 oth Street Right-of-Way Corridor. Voting for: Fogarty, McKnight, Pritzlaff. Voting against: Wilson. MOTION CARRIED. i) City Administrator Annual Leave - Human Resources Councilmember Pritzlaff noted if City Administrator Herlofsky does not use all of his annual leave, he loses it. Councilmember Pritzlaffwanted to stay with the contract and felt to make this change would be re-negotiating in the middle of the term of the contract. MOTION by Fogarty, second by McKnight to approve the City Administrator's request to carry over additional annual leave into next year. Council Minutes (Regular) October 1,2007 Page 3 Voting for: Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION FAILED. S. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Dakota County 200S-2012 CIP - Engineering Projects requested to be included in the County's 2008-2012 CIP are: - CR64 (190th Street) from Autumn Glen to TH3 - 2008/2009 - CR64 (190th Street) and TH3 Roundabout - 2008 - CSAH 31, CSAH 50 to CSAH 74 - 2009 - CSAH 74, Denmark to CSAH 31 - 2009 - Traffic signal at Flagstaff and CSAH 50 - 2009 - 195th Street, Flagstaffto Cedar - 2012 - Traffic Signals along Pilot Knob Road - 208th Street - Cost Participation Policy Included in the County's draft CIP are funding for CR64 (190th Street) from Autumn Glen to TH3 and the roundabout at the intersection ofCR64 (190th Street) and TH3. Councilmember Fogarty noted 195th Street from Flagstaffto Cedar is pushed back. City Engineer Mann stated the County did not receive federal funding for the project. Councilmember Pritzlaff noted Council had discussed opening Spruce Street at TH3 and the county stated traffic signals were too close. He noted the close signals on Cedar south of Dodd. City Engineer Mann stated there will be ongoing discussions with the state regarding Spruce Street. Regarding Dodd and 160th Street, the county may be looking at that issue. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R74-07 requesting inclusion of construction projects in the Dakota County 2008-2012 CIP. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Mill and Overlay Project Recommendation - Administration On September 4, 2007 Council directed the City Administrator to meet with the contractor and Bonestroo regarding issues on the project. Bonestroo has volunteered to pay for halfthe cost of a seal coat which is $12,500. City Administrator Herlofsky recommended this be added to the 2008 seal coat project. Council Minutes (Regular) October 1,2007 Page 4 Councilmember Pritzlaff noted the memo is different from what the majority of Council directed which was a mill and overlay. The recommendation being brought to Council is not for a mill and overlay so he felt the majority of Council has not been heard. He reviewed the dispute resolution portion in the Bonestroo contract, and it does not make sense to pursue arbitration or a lawsuit. It would only escalate the money. He felt the project has gone on long enough and it is out of Council's control to hold people accountable. $162,000 will be received in assessments and the City would pay $8,138 per year in interest if the assessments are not adopted. Bonestroo has stated there is nothing wrong with the project and it does not warrant a seal coat. Due to the relationship with Bonestroo and the City, Bonestroo has offered $12,500 to cover half the cost of a seal coat. That money is available to the City whether a seal coat is done or another solution is reached. Councilmember Pritzlaff felt the roads are not satisfactory and should not be left in this condition anywhere in the City. He does not support a seal coat, as he feels that will not solve the problem. MOTION by Pritzlaffto do the mill and overlay and use the $12,500 towards that project as soon as possible in the spring, second by McKnight to continue discussion. Councilmember Wilson was also concerned with the roads. The original budget was $750,000, now the cost is $930,000. No matter where the extra money comes from, it has a tax impact on every resident in Farmington. It is a functional road, but he cannot rob Peter to pay Paul from another portion of the budget to re-mill and overlay the roads. He would prefer to not do a seal coat at this point and wait for a couple years to see how the road performs. He would be open to looking at a mill and overlay after a couple years of wear. He would not support matching the $12,500. Councilmember Fogarty asked if Councilmember Wilson was asking to take the road out of the seal coat rotation, because it would be done in 2009. Councilmember Wilson agreed with looking at the road in 2009. Councilmember McKnight stated his name is on this road and takes responsibility for it. He would support the $118,000 mill and overlay option. He was frustrated to see in the packet and in the newspaper a former City employee being thrown under the bus for this project. He did not appreciate that. Councilmember McKnight stated he was taking his share of responsibility for the project and would not put it on any current or former City employee. Mr. Jerry Ristow, 617 Lower Heritage Way, stated he appreciated comments from Councilmembers McKnight and Pritzlaff. He was confused about Councilmembers Fogarty and Wilson changing in the middle ofthe stream. He felt the residents were being hung out to dry. Councilmember Wilson looked at the road and stated at the last meeting that he could not support the road looking like this and noticed the water in the middle ofthe road. What has changed? Now Council is going to tax residents for the road and let it go for two more years. If it breaks up, who will be responsible? The project started at $300,000. Council Minutes (Regular) October 1, 2007 Page 5 There were mistakes by everyone. We have to overlook that and move forward. There was money taken from the road and bridge fund to put in new gravel, do it to standards. The Council and residents agreed earlier that if it was a road that was suitable, no one would object to paying the assessment. He asked Council to not leave the residents hanging with a road looking like this. There is water running down the middle of Lower Heritage Way and ponds on other roads. There are dips along 6th Street where water sits because something was so heavy on the road. The bottom line is whether a seal coat will fix the road. It would be $60,000 - $80,000 to fix the road. There were mistakes made from engineering that did not account for having to remove the gravel which cost more than that. The City is close to a proper road that the Council wanted in the beginning of the project which was to last 10-15 years. Don't quit now. Councilmember Wilson stated he appreciated Mr. Ristow's comments and enjoyed the opportunity to visit with him and review the road. He agreed he made those comments and at the time was optimistic the City would have full participation on the project. The only way he might be able to get more money for the project would be to file court papers, which he was not willing to do. It is an uncomfortable position to take $900,000 of expenses incurred, grind it up, and then spend another $100,000. We have already taken $200,000+ out of the road and bridge fund. It is the rest of the taxpayers in Farmington that have to build up that fund for other projects. He was disappointed with the road, but he could not spend more taxpayer dollars. Mr. Ristow asked what the road and bridge fund is for. Councilmember Wilson stated this is a permissible use ofthe road and bridge fund; that is why the City has drawn from it to this point. Mr. Ristow stated had there not been any mistakes made, there would not have been any money drawn from the road and bridge fund to begin with. That was not the residents' fault. The neighborhood is 35+ years old and the residents have contributed to the road and bridge fund since the homes existed. To say you are going to cheat the rest of the City by taking out extra money, Council already took $200,000, so you cheated the residents out of that. Where it is needed for a road project it is contributing back to the residents. It is giving it to the taxpayers for mistakes that were made. He did not understand if some money was already taken from the road and bridge fund, why more could not be taken. It will not break the fund. He recalled there were millions in the fund when money was taken for the gravel replacement. MOTION by Pritzlaff and second by McKnight to approve the re-mill and overlay, the $118,000 option, and applying $12,500 from Bonestroo to that bill. Voting for: McKnight, Pritzlaff. Voting against: Fogarty, Wilson. MOTION FAILED. b) Adopt Resolution - 2006 Mill and Overlay Project - Engineering Councilmember Pritzlaff stated the resident's portion is $162,000, at a 5% interest rate, we are at $8,138 per year. He agreed to go forward with the assessment. He Council Minutes (Regular) October 1, 2007 Page 6 could not see extending the assessment as it would cost the taxpayers $8,138 for waiting. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R75-07 adopting the assessment roll for the 2006 mill and overlay project. Mr. Ristow asked Council to explain this to the residents. He stated they are stuck with an old road and they will pay for it. Acting Mayor McKnight stated as the last motion failed, nothing will be done with the project. With the current motion, the residents will be assessed $985 per residential equivalent unit. Mr. Ristow stated he asked City Attorney J amnik if the residents have the right to take their petition to district court. City Attorney Jamnik stated that is correct. The petition is valid as far as preserving the property owner's rights to bring an action in district court. Mr. Ristow noted three Councilmembers had stated they could not assess the residents for this project because of the condition ofthe road. APIF, MOTION CARRIED. c) Development Contract Amendment Request - Sunrise Ponds - Engineering The development contract was approved on June 19,2006. The completion date for various infrastructure items including the construction of 21 oth Street and Cambodia Avenue was November 30, 2007. There are several items to be completed such as the wear course on the streets, various landscaping, lighting, and project signage. In addition, 210th Street and Cambodia Avenue need to be constructed. The developer has requested staff extend the completion ofthe construction of210th Street and Cambodia Avenue to spring 2008. Staffhas met with residents who had some concerns such as trash, mowing of property, parking equipment during construction, etc. The developer has agreed to mow and clean up the areas and to restrict parking to the development as much as possible. The developer is asking for the extension due to the drop in the housing market. They also agreed to provide the City with a construction schedule by May 1, 2008. Staff recommends adjusting the completion date of the development contract to July 1, 2008. Councilmember Fogarty had a concern that the developer agreed to clean up the area to get the extension approved. City Engineer Mann stated this was not an ongoing issue. It came up at the same time the contractor asked for the extension. Councilmember Pritzlaff asked what happens if the developer requests another extension on July 1, 2008. City Engineer Mann stated ifthe developer requests another extension, it would be up to Council to grant that extension. The developer will have to make sure the streets can be plowed before winter. If manholes are not adjusted to proper height in time, the City will do the work and charge the developer. Councilmember Wilson asked ifthe developer has agreed to this completion date. City Engineer Mann stated the developer said spring, but staff felt July 1 was reasonable to get past the spring weather. Council Minutes (Regular) October 1, 2007 Page 7 Councilmember McKnight asked regarding the plowing of the roads and if they are public or private roads. Staff noted there are both types of roads in the area. MOTION by Pritzlaff, second by Fogarty to approve the change from the original November 30, 2007 completion date to the new completion date of July 1,2008 for the Sunrise Ponds development contract. APIF, MOTION CARRIED. e) Project Update - Roundabout at CR64/190th Street - Engineering The City, County, State, Empire Township, Newland Communities and Heritage Development have been working on financing and the design of the roundabout. Currently they are in the process of designing and getting approval of a level one layout. Comments from the State were the trails along the roundabout and the legs of the roundabout needed to be extended to reach shoulder areas to allow room for bikes. Another item was the traffic numbers in the next 10-15 years indicate the potential for a single-lane roundabout to reach capacity, so the State wants the size of the roundabout large enough to convert it to a multi-lane roundabout when needed. They also looked at lengthening the medians. Once the level one layout is approved, then a cost estimate will be done. A feasibility report will then be brought to the Council for them to order the project. Staffis continuing to work with other entities on cost sharing. Due to funding, the State has asked if the City would be willing to move this project from fiscal year 2008 to fiscal year 2009. The fiscal year ends June 30, 2008, so 2009 starts July 1. The roundabout needs to be built next year. The State does have a mechanism to back fund the project. Staffwill continue on the same schedule to get the project bid before June 30, 2008. The City will be receiving a letter from MnDOT asking the City to officially agree to this change. Staffhas made it clear that they would not recommend agreement from the Council without the agreement from MnDOT to continue following the same schedule and have the commitment for review and coordination with State staffto keep the project moving forward. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Schedule Interviews - Heritage Preservation Commission - Administration Two applications have been received for a vacant seat on the HPC. Council has interviewed both applicants previously. Council selected a candidate for the seat and it will be brought to the October 15, 2007 Council meeting for appointment. Councilmember Fogarty: Thanked City Engineer Mann for his work on obtaining the easements for Flagstaff Avenue. She realized other Councilmembers have received questions and e-mails from residents and did not know where the rumor started, but the City has never told Target we do not want them here. The City Administrator has sent a letter welcoming them to the community. Council Minutes (Regular) October 1, 2007 Page 8 Councilmember Wilson: Thanked Mr. Nick Schultz and the Downtown Business Association for the Fall Festival this weekend. He acknowledged the work Councilmember Pritzlaffhas done representing the Council at the Elm Street meetings. October is Fire Safety Month and there will be an open house at both fire stations on October 13 from 10:00 - 12:00. He noted his sister from Seattle was in attendance. Councilmember PritzIaff: He mentioned at the last meeting the cost of the street lights being lit on the Spruce Street bridge. Staff explained it was to deter unwanted activity in the area. He thanked everyone for attending the Elm Street ribbon cutting on Saturday. He encouraged residents and businesses to attend the last Elm Street meeting on Wednesday. He asked staff to also invite the contractor and the county. The project finished 1 12 months early. As the second lift was also completed, the road will not have construction next year. He thanked the Downtown Business Association for the car show which was a great success. Councilmember McKnight: He thanked the Downtown Business Association for the events this weekend and those that attended. Elm Street should be open by the end of the week. He thanked the City and County staff for handling all the requests and the residents and business owners for their patience. He asked City Administrator Herlofsky to contact the Chamber as to whether they are still interested in starting an Economic Growth Committee. 14. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 8:02 p.m. APIF, MOTION CARRIED. Respectfully submitted, //: _ _ 7L::'-, J'r7 ~ TL/V ~ ~ Cynthia Muller Executive Assistant