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