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HomeMy WebLinkAbout10.02.06 Council Minutes COUNCIL MINUTES PRE-MEETING OCTOBER 2, 2006 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; Brian Lindquist, Interim Police Chief; Randy Distad, Parks and Recreation Director; 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 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked if there was any advantage to assigning years to the projects requested on the County's CIP. City Engineer Mann replied the county's policy is they will not fund a signal until warrants are met. The county puts in several slots in the CIP for signals and will install them as warrants are met. Councilmember Fogarty requested moving the item to schedule the Budget Workshop to Consent. Councilmember McKnight requested adding the strategic planning discussion to the workshop agenda. Council agreed to hold the budget workshop on October 23, 2006, at 5 p.m. This item was moved to the Consent Agenda. Councilmember McKnight asked for some details on the change order for Hill Dee. City Engineer Mann replied the change order contains three items - sub grade excavation, select granular borrow and water for dust control. He explained the purpose of each of these items. Councilmember McKnight asked about the group dental insurance and if there was employee input. Human Resources Director Wendlandt replied there was not a lot of employee input. It was discussed at a labor/management meeting. The bigger issue is maintaining the level of benefits and the provider. This provider places a cap on rate Increases. Council Minutes (Pre-Meeting) October 2, 2006 Page 2 Councilmember Wilson asked about the Hill Dee change order comment regarding the legal, administrative and engineering costs and asked ifthere was anything unusual. City Engineer Mann replied the budgeting amount is 27% of the estimated construction cost. The contingency was used up by the rise in the cost of oil. At this point the costs will be very close to being under the original budget. Councilmember Pritzlaff requested pulling the Hill Dee change order item from Consent Agenda for a separate vote. Councilmember Wilson requested pulling the item on the dental insurance carrier from the Consent Agenda due to a conflict of interest. Councilmember Pritzlaff asked about the Hill Dee change order and why doesn't Council know about these items prior to the end of the project. City Engineer Mann replied staff was aware ofthese prior to the start ofthe project based on the soils report. In the past soils reports have not been forwarded to the Council. Councilmember Pritzlaff did not understand at the end ofthe project Council was going to vote yes or no on $63,000 extra for a project without getting approval first. He felt Council needed to know this before it gets to this point. He noted there have been no complaints from residents regarding the project. He will be voting against the change order. City Administrator Herlofsky noted there are two things that control the cost; the cost per item and the quantities. Some of this is not calculated until the end. This project was $2.4 million so we are talking about a 2-3% addition. City Engineer Mann stated with the cycle of Council meetings, it is difficult to come to Council meetings with the timing allowed to make the decisions that need to be made in the field to deal with these issues. Staff will look at providing more timely updates to Council. 5. STAFF COMMENTS There is a supplemental item to award the contract for the 208th Street extension to Pilot Knob Road. The original estimate for construction plus the contingency was $563,000. The low bid is for $534,794.55. 6. ADJOURN MOTION by Pritzlaff , second by McKnight to adjourn at 6:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/1-7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR OCTOBER 2, 2006 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; Brian Lindquist, Interim Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Bryce Olson, Dave Graham, Wayne Wilkins, Vern Lindback, Phil Saalborn, Paul Rahmann, Terry Ellison, Dennis Walter, Nick Schultz, Julie May, Tony Cassens, Brad Kruger 4. APPROVE AGENDA Councilmember Fogarty moved item lOb) Schedule 2007 Budget Workshop to the Consent Agenda. The workshop will be held October 23, 2006 at 5 p.m. Councilmember Wilson pulled item 7 g) Approve Dental Insurance Carrier to abstain due to a conflict of interest. Councilmember Pritzlaff pulled item 7f) Approve Change Order Hill Dee Reconstruction Project for a separate vote. City Engineer Mann noted there is a supplemental item 9a) 208th Street Extension to Pilot Knob Road. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (9/18/06 Regular) (9/14/06 Special) b) Adopted RESOLUTION R112-06 Appointing Election Judges - Administration Councilmember Pritzlaff thanked the residents who are serving as election judges. Council Minutes (Regular) October 2, 2006 Page 2 c) Received Information Capital Outlay - Parks and Recreation d) Adopted RESOLUTION R113-06 TH3 Cooperative Agreement Request - Engineering e) Adopted RESOLUTION R114-06 Dakota County 2007-2011 CIP - Engineering h) Approve Bills i) Scheduled 2007 Budget Workshop for October 23,2006,5 p.m. - Administration APIF, MOTION CARRIED. 1) Approve Change Order Hill Dee Reconstruction Project - Engineering MOTION by McKnight, second by Fogarty to approve change order #1 for the Hill Dee Reconstruction project in the amount of$63,652.80. Councilmember Pritzlaffnoted he will not vote in favor of the change order as he was not made aware of it until he received the Council packet. He felt a $63,000 change order should be brought to Council before the project is complete. Councilmember Fogarty noted the project is coming in under budget and on time. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. g) Approve Dental Insurance Carrier - Human Resources MOTION by Fogarty, second by McKnight to accept the proposal submitted by HealthPartners for group dental insurance. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Abstain: Wilson. MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Hill Dee Reconstruction Project Assessment Hearing - Engineering The assessment policy indicates that the reconstructed street and lateral utility costs are assessed to benefiting properties at a rate of35% of the improvement costs with the City funding the remaining 65%. Trunk sanitary sewer, storm sewer and water main are funded with City trunk funds. The appraisal indicated a maximum benefit received by the properties would be $7,000 per residential equivalent unit. Mr. Dennis Walter, 18235 Euclid Avenue, asked why the sidewalk in the park is considered in this project and why is it funded in the project. Mr. Walter stated he is responsible for cleaning a sidewalk he has no access to. He asked why the sidewalk was put in with a street and utility project when the sidewalk has nothing to do with this work. He thought this was coming from a park fund. He felt like it was slipped in with this project. City Engineer Mann stated regarding the funding ofthe costs for the streets and utilities, 35% ofthe costs are assessed to the residents. These costs significantly exceed the $7,000 cap for the assessment. The park improvements are being Council Minutes (Regular) October 2, 2006 Page 3 funded from a different source. The assessment does not even cover the street and utility improvements. Parks and Recreation Director Distad stated there is a park master plan showing the sidewalk around the park. In the past the City has not paid for trails or sidewalks in the boulevard, those improvements have not come out of the park improvement fund. They are part ofthe street project. Mayor Soderberg noted Ash Street is an example ofthis. Councilmember Pritzlaff asked about the 35% originally amounting to $11,000. City Engineer Mann explained the 35% of improvements was calculated to be $11,000. The appraisal caps the assessment at $7,000. Councilmember Wilson asked about the maintenance of the sidewalk. Parks and Recreation Director Distad stated the area around the park would be cleared by the Parks Maintenance Division. There is a small sidewalk on the side or front of Mr. Walter's house that he would be responsible for. Mr. Paul Rahmann, 5640 Lower 182nd Street, asked where he pays the assessment. Finance Director Roland stated residents have 30 days to pay the assessment in full to the City. If residents are not able to do this, the assessment will be certified to the county at the end of30 days, and will be shown on the property tax notice. This will be split up over 15 years at 5.75% interest. Residents can pay any additional amount at the county. Mr. Mark Langer, 5525 Lower 182nd Street, assumed they have to pay this in November, but the project is not 100% completed. Residents are paying for this before the project is totally completed. Ifhe did not finish a project for the City, and said he would come back later to finish, the City would not pay him in full. There is a wear course to be done, and a portion of the park has black dirt and no sod. He assumed it would be seeded, but felt there should be sod placed. Mr. Brad Kruger, 5575 Lower 182nd Street, stated he is a disabled vet and cannot pay $7,000. Finance Director Roland stated the City has a deferral process and she will meet with him to complete the paperwork. Mr. Kruger stated in his yard there is a sewer cover sticking up 3 inches above the grass and would like it pushed down. Staff will check on the issue. City Engineer Mann noted there are new requirements where staffhas to be able to locate sewer and water services. Cleanouts are now installed at the property line. There will be two metal covers, one for the water and one for the sewer. Councilmember Pritzlaff asked if the park will have seed or sod. Staffwill check the plans. He would prefer to have sod. He does not want this sod to turn out like the Ash Street sod. He noticed they were watering the sod, but at this time of the year how much will it grow. City Engineer Mann stated depending on what time of year the sod is laid, staff wi11look at the growing season. If it is past the Council Minutes (Regular) October 2, 2006 Page 4 growing season, then there would be a longer length oftime in the spring for the sod to get established. Mr. Tony Cassens, 5638 Upper 182nd Street W, stated besides the cost compared to other road projects, such as Heritage Way, his other concern is of the number of homes being billed, to what extent does that reach out. Residents that live beyond their normal area, as far as 190th Street, drive through this neighborhood to get to a controlled access at Pilot Knob. When the Pilot Knob project was being done, residents were all billed because they used the road. In this case, they are not the only ones using this road because ofthe lack of safe access to Pilot Knob. He asked what recourse there is as far as who is billed and how much. Mayor Soderberg stated the projects in Sunnyside and Hill Dee are two different projects. The Hill Dee project is a total reconstruct including the street and utilities. The Sunnyside project started out as a mill and overlay and due to some problems, it required more work and does not involve utilities. Regarding the assessment methodology, for local streets each household pays for the frontage that is reconstructed. As far as Pilot Knob Road, that is an arterial road and it was a county project as well as a City project. The methodology for arterial roads uses an area wide assessment rather than a frontage assessment. The Sunnyside project is a residential equivalent unit, the same as Hill Dee. Mr. Cassens stated Upper 182nd Street is an artery going back to those neighborhoods as they have very few accesses to Pilot Knob. They choose to use this area to reach a controlled access to Pilot Knob. Ifnothing will be done to the assessment fees, then he would like to see something done to lessen the amount of traffic on their street, such as putting in controlled accesses at 190th Street. Mayor Soderberg noted it is on the CIP for the county to request signals at Elk River Trail and Pilot Knob, however the county makes that decision. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. Councilmember Wilson stated he would also like to see sod placed in the park. At a previous meeting he referenced the possibility of examining the assessment policy and would like to have this as a workshop topic. Council has been a strong advocate to get more signals on Pilot Knob. He noted Councilmember Fogarty suggested requesting a specific date for signals and agreed with that suggestion. Councilmember Pritzlaff stated when signal requests are sent to the county, he asked if anything is sent to the county regarding the number and severity of the accidents. City Engineer Mann stated each year staff requests the county to look at the intersections. The county has this information available to them and it is part of their warrant analysis. Councilmember Fogarty noted this only includes accidents that are reported. Councilmember Pritzlaffwould like staffto include this information with the requests to the County. Council Minutes (Regular) October 2, 2006 Page 5 Councilmember McKnight suggested Council have detailed discussions with the County Commissioner and apply more pressure. MOTION by Fogarty, second by Pritzlaffto adopt RESOLUTION R115-06 adopting the assessment roll for the Hill Dee reconstruction project. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) 20Sth Street Extension to Pilot Knob Road - Engineering Thirteen bids were received. The low base bid was submitted by Ryan Contracting Company in the amount of $534,794.55. As part of the Development Contract for the Industrial Park 3rd Addition the developer was responsible for paying for the construction of this road except for the portion the City will participate in, which was set at 28% or a maximum of $200,000 ofthe project costs. The remainder ofthe project costs will be paid by the developer. The estimated project cost was $563,000 including a 10% contingency. Councilmember Wilson stated $200,000 ofMSA funds will be used. If costs go beyond that, would the City be looking at additional expenditures from this fund? Finance Director Roland stated according to the Development Contract, the developer is responsible for all the costs of construction of the road with the exception of28%, up to $200,000 ofMSA funds. Councilmember McKnight asked if the City was paying $200,000 or 28% which would be $150,000. Finance Director Roland replied with the amount of the bid, there are other costs with the engineering contingency. Once the project is done the amount will be evaluated and the City will contribute 28% up to a limit of $200,000. Councilmember Pritzlaff asked what happens if something unknown is found. He asked if soil borings have been done or if there could be any similar problems. City Engineer Mann stated this project is unique, and is similar to the 209th Street project as part of the Tamarack Ridge project. In that case the developer's engineer did the design and worked on behalf ofthe City with bidding out the project. If the City did not have MSA funds involved, the City would not have gone out for bids. It would have been the developer's job to do the bidding. In this case the developer's engineer had already done a large portion of work on this proj ect, so the City allowed the developer's engineer to do the engineering on this project. They did do soil borings and have put the plans together and had them reviewed by the City. The City's involvement in the project is limited to the 28% of the project costs or $200,000, whichever is less. If there is a large issue that was not anticipated, the developer will be responsible for those costs. Council Minutes (Regular) October 2,2006 Page 6 MOTION by Wilson, second by Fogarty to adopt RESOLUTION R116-06 accepting the base bid of Ryan Contracting Co. of $534,794.55 and awarding the project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve the Rotary Club of Farmington's Financial Sponsorship of the Youth Scholarship Program - Parks and Recreation The purpose of the program is to provide assistance to families with youths who cannot afford to pay the registration fee for recreational programs. The Rotary Club has agreed to become the main financial sponsor of this program with a number of conditions. Staff reviewed these conditions. They will provide up to $3,000 annually. Ms. Julie May and Ms. Sarah Butruffwere present to represent the Rotary Club. Ms. May gave an overview ofthe Rotary Club and the activities they have accomplished. MOTION by Fogarty, second by Pritzlaffto approve the Farmington Rotary Club's offer to become the main financial sponsor for the Youth Scholarship Program with conditions. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She attended the high school ground breaking and it was a great event. Councilmember McKnight: He thanked the school district for the invitation to the event. It was a good event. Homecoming is this week and he encouraged residents to participate in the events and to be safe. Councilmember Wilson: He was unable to attend the ground breaking as he participated in the Twin Cities marathon. Councilmember PritzIaff: He drove through Sunnyside prior to the meeting and noted most of the Class 5 is down. The road is very rough and asked how they will put down asphalt with the amount ofleaves that have fallen. City Engineer Mann stated the leaves will have to be removed before paving is done. Councilmember Pritzlaff asked if Council will be part of the interviews for the Police Chief. City Administrator Herlofsky replied the goal is to make a recommendation to Council. Mayor Soderberg agreed with staff making a recommendation to keep the perception of any politics from entering into the process. Councilmember Pritzlaff asked Council Minutes (Regular) October 2,2006 Page 7 where the candidates were from. City Administrator Herlofsky replied they are from Minnesota. Administrative Services Director Shadick: On Thursday, October 12, at 1 p.m. a demonstration of the AutoMark will be held at the Rambling River Center. Mayor Soderberg: Homecoming is this week. One ofthe events is a food drive for the food shelf. The shelves are bare, so he encouraged residents to support the food drive. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 7:52 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/r7~ Cynthia Muller Executive Assistant