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HomeMy WebLinkAbout02.20.07 Council Minutes COUNCIL MINUTES PRE-MEETING FEBRUARY 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 Elliott Knetsch, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, 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; Kevin Schorzman, Assistant City Engineer; Tony Wippler, Assistant City Planner; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROv.EAGENDA MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS Mr. Peter Coyle, Attorney for Newland Communities, noted there is a proposed revision to the park ordinance on the agenda. These changes would directly relate to the Fairhill Development. The changes affect the measurement of slopes, mixture of park fees and park dedication, and voids any calculation of private park facilities. Their park plan has been approved by the Parks and Recreation Commission last week. Newland was not aware this ordinance revision was in process. Parks and Recreation Director Distad noted a text amendment was proposed after the preliminary plat for Executive Estates was approved. Council did not invoke those changes against Executive Estates. It was not staffs intention to invoke this on the Fairhill Development. This stems from the Twin Ponds development. 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty noted on the list of capital outlay items there is a laptop for Council Chambers. She asked if $2400 was the standard price. Human Resources Director Wendlandt replied it is needed for the functionality to operate the equipment. It should be good for four years. The current laptop would be used for meetings. Councilmember Wilson asked about future boulevard trees that could be blown down. City Administrator Herlofsky noted if Council feels they have an obligation to replace boulevard trees a notice would not need to be distributed. A communication might be Council Minutes (Pre-Meeting) February 20, 2007 Page 2 sent if Council decides to change the policy for new developments. Currently 30-40 trees are lost each year out of 20,000. Councilmember Pritzlaff asked about the comprehensive plan update for transportation and ifthe dollar amount is over what the City pays Bonestroo. Staff explained it is a separate service and was included in the budget. Councilmember Pritzlaffthen asked about an item in the list of bills for $900 to Canadian Pacific for the 195th Street extension. Staff explained that is the lease to allow the City to cross the railroad for the 195th Street project. 5. STAFF COMMENTS Administrative Services Director Shadick noted there is a supplemental item to purchase a new projector for the Council Chambers. She also asked for Council direction on filling the vacant seat on the Parks and Recreation Commission. Council decided to advertise the vacant position. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~fr7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR FEBRUARY 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 Elliott Knetsch, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, 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; Kevin Schorzman, Assistant City Engineer; Tony Wippler, City Planner; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant Howard Glad, David Purdy, Dawn Johnson, Pat Devney, Randy Oswald 4. APPROVE AGENDA City Administrator Herlofsky removed item 5a) Commendation - Fire Department to place it on a future agenda. Supplemental item 7k) Capital Outlay - Video Projector was added to the agenda. MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS b) Commissioner Joe Harris Dakota County Commissioner Joe Harris addressed the Council on several items including the Regional Park in Empire Township, the county has approved a joint powers agreement with City of Lakeville, Lakeville School District, City of Farmington, and Farmington School District to join the i-net fiber optic program throughout the county, the City has been working with the county on the comprehensive plan, he serves on the advisory committee for Umore Park which will open 2500 acres for public use, and the county has completed the five-year CIP with Farmington. Council Minutes (Regular) February 20, 2007 Page 2 Council brought up various transportation issues such as a signal at Pilot Knob Road and 190th Street, the county's position on TH3, and opening the Spruce Street intersection at TH3 during the Elm Street reconstruction. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (2/5/07 Regular) (2/6/07 & 2/12/07 Special) b) Received Information School and Conference - Finance c) Approved Capital Outlay - Finance d) Adopted ORDINANCE 007-571 Approving Text Amendment Park Dedication Ordinance - Parks and Recreation e) Accepted Resignation Boards and Commissions - Administration f) Acknowledged Customer Service Response Report - Administration Councilmember Wilson congratulated staff for receiving 100% satisfied in all categories during the 4th Quarter of2006. g) Approved Appointment Recommendation Police - Human Resources h) Adopted RESOLUTION R23-07 Authorizing Advertisement for Bids - Solid Waste i) Authorized Comprehensive Plan Update - Transportation - Planning j) Approved Bills k) Approved Capital Outlay - ComputerNideo Projector - Administration APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Amend Fee Ordinance - Parks and Recreation Staff proposed to increase the park development fee from $16,825 to $17,448. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve amending the fee ordinance to increase the park development fee from $16,825 to $17,448 in 2007. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Comprehensive Plan Amendment and Rezoning - Devney Property - Planning The property owned by the Devney's is located at the northwest intersection of Pilot Knob Road and CSAH 50. In 1998 as part of the 2020 comprehensive plan update this property was rezoned from agricultural to industrial. The Devney's are requesting to have the property rezoned back to agricultural. The Planning Commission denied the request at their February 13,2007 meeting as in 1998 it was identified that additional industrial land was needed. They also were not in Council Minutes (Regular) February 20, 2007 Page 3 favor of down zoning a property from a higher use to a lower use. The Devney's main concern was dealing with assessments and interest accruing on the assessments. Assessments cannot be levied against ag preserve property. The Pilot Knob Road assessments have been deferred until the property comes out of ag preserve and develops. Once the property receives the 1-1 designation interest begins to accrue on the assessment for these parcels. The property comes out of ag preserve on March 1, 2007. In 1999 Council reserved the right to assess once the property came out of ag preserve, therefore, interest could accrue from that date. Mr. Glen Nord, Attorney for the Devney's, stated if the property remains in ag preserve, the Devney family would have the safety of knowing that if there is a change in the political climate, that they would not be assessed or have to pay interest. It is that safety and worry that they are asking Council to consider. They are lifelong farmers in the City. They know ultimately their properties will have to pay the assessments and interests. But it could be devastating if these costs are passed on to them while they continue to make a profit farming this property. As the area develops, it will be taken out of ag preserve and there is no question from that moment on that these assessments and interest will be imposed at that time. You cannot farm these properties and break even with the kind of costs we are talking about. Councilmember Pritzlaff asked if this could be changed by future Councils. Finance Director Roland replied the stated intent, at the public hearing in response to the protest on these properties, was never to assess these properties until actual development occurred. That is consistent with the properties south of 195th Street. Whether it is residential or commercial, the only time assessments have been applied to the property is when development has actually occurred, not when it came out of ag preserve or when it changed hands, but when development occurred. Future Councils could change that, but precedent has been set. Attorney Knetsch stated a future Council could impose the assessment. If it remains undeveloped and the assessment is not re-assessed and placed against the property, then everything is fine. Since the project has occurred, the costs are known, and it is in a deferral status, at some point a future Council could say we think this property should pay the assessments now, even though there is no development application. A hearing would need to be held and property owners notified. It would have to be shown that the assessment still benefits the property to the same dollar amount. A much cleaner way to handle it, is to handle it when the development is in hand and the assessments are negotiated as part of the development contract. The Devney's can continue to farm the property until it is developed. Mr. Pat Devney anticipated development in eight years. Their biggest concern is the interest accruing when taken out of ag preserve. Council Minutes (Regular) February 20, 2007 Page 4 MOTION by McKnight, second by Fogarty to deny the requested comprehensive plan amendment from industrial to agricultural, deny the requested rezoning from 1-1 to A-I and direct staff to work with the City Attorney to prepare findings of facts for denial. APIF, MOTION CARRIED. b) Utility Billing Update - Finance The software system to process utility bills is being upgraded. The new billing system will be effective March 5, 2007 and will include the billing for December, January and February. The new billing process will be advertised in the newsletter, the web site and a flyer will be included with the bills. c) Dakota Communications Center Bonds - Administration Bonds will be issued this year for acquisition of equipment and reimbursements for conversion costs for the Dakota Communications Center. A resolution will be brought to Council at the April 2, 2007 Council meeting. d) Farmington/Lakeville Sewer Interceptor Agreement - Engineering The Joint Powers Agreement outlines the terms for a joint sewer interceptor project that includes the construction, operation and maintenance ofthe sanitary sewer interceptor that will be built along Flagstaff Avenue in conjunction with the new high school project. There are four main points in the agreement: 1. The City of Farmington will design and bid the sanitary sewer construction all the way to the Lakeville border with the pipe upsized for Lakeville's flows. A Farmington only deduct will also be bid so ifthe cost ofthe project comes in so that Lakeville chooses not to participate, Farmington would have the option to build the Farmington interceptor by itself. If Lakeville does not participate, they would still be responsible for their portion of the design costs up to this point. 2. Lakeville would agree to participate up to $2,920,000 of the project costs. This will be a savings to Farmington of $710,000. 3. The cost of the operation and ongoing maintenance of the sanitary sewer interceptor would be shared by Farmington and Lakeville based on flows from the respective communities. 4. Both communities would work to seek financial participation from the Met Council for the interceptor. MOTION by Wilson, second by Fogarty adopting RESOLUTION R24-07 approving the Joint Powers Agreement between Farmington and Lakeville regarding the sanitary sewer interceptor. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS Council Minutes (Regular) February 20, 2007 Page 5 a) Boulevard Tree Policy - Engineering The current boulevard tree policy states that: - Trimming is done by City staff. - Removal and replacement of boulevard trees are provided by the City. - In new developments boulevard trees are required to be planted in the boulevard about 40 ft. apart. Staff proposes the following: - Funds should be allocated to trim 20% of the boulevard trees annually. This amounts to 4,000 trees. - Boulevard tree removal remains a function of the City, but replacement becomes the responsibility of the homeowner and trees are placed on private property at the homeowner's discretion. - In new developments trees should be planted on private property unless there is an agreement with the homeowner's association that they will take care of the trees planted in the boulevard in perpetuity. Staff provided information on the budget impact. The cost is four times the amount budgeted in 2007. City Administrator Herlofsky stated if Council would like the backlog taken care of, staffwill come back to Council with a proposal. Up to this point tree trimming has been a general fund expense. Trees are trimmed for the health of the tree and to allow clearance for garbage trucks. Therefore, staff is reviewing the option of solid waste funds taking care of half the cost. Mayor Soderberg suggested placing trees on private property in new developments. Councilmember McKnight suggested setting the policy in place and staff should bring back a proposal for 2008 on how to pay for it. He had a concern with treating one part of town different from another. Councilmember Fogarty agreed with trimming, removal and replacement and was hesitant on the proposal for new developments. Boulevard trees create a natural speed reduction by making streets appear narrower and give a more neighborly feeling. She agreed we need to approach it differently to have more realistic finances. Councilmember Wilson suggested for the current replacement schedule, the City buy trees in bulk, have the residents buy the trees at a discount and the City pay to have them installed. City Administrator Herlofsky explained past practice has been to replace boulevard trees at no cost to the home owner. If Council wants trees in the boulevard, we should make sure the streets are wide enough so the boulevards can take care of the trees. Councilmember Wilson did not like the idea of the City spending money to replace trees every year. Councilmember Pritzlaff felt it was not the City's responsibility to replace trees that have died, or blown down in a storm. Replacing trees enhances the value of the property and is a benefit to the owner. He felt trees should not be in the boulevard. Council reached a consensus as follows: Council Minutes (Regular) February 20, 2007 Page 6 New developments - trees in the boulevard or private property Mayor Soderberg, Councilmembers McKnight, Pritzlaff, Wilson - private property. Councilmember Fogarty - boulevard. Removal of trees is the City's responsibility. Replacement of trees - To finalize the backlog, Mayor Soderberg suggested making replacement trees available at City cost or a reduced cost to residents for a specific period of time. After that time, tree replacement would be at the cost of the resident. City Administrator Herlofsky noted most of the calls from residents are to replace the trees from storm damage. As Council reached a consensus on new developments having trees on private property, staff will bring back a revised ordinance. Staffwill bring back a budget proposal for trimming 20% of trees/year and bring back a policy with costs for removal and replacement. To accomplish the backlog, at least half ofthe backlog will have to be contracted out. b) Park Improvement and Planning Project - Parks and Recreation Staff has amended the planning and construction projects for parks for 2007. Money for hiring a consultant has been eliminated for the comprehensive plan update for the parks and recreation chapter, after receiving a proposal from Hoisington Koegler for individual park master plans they were $500 higher for each park, staffhas found an alternative system for the boardwalk in Meadowview Park which is a significant savings. Councilmember McKnight made it clear this is the last year he will vote for park planning from an outside source. He wants park plans developed by staff and residents, etc. Councilmember Pritzlaff asked if there could be a trail around the wetland rather than having a boardwalk through the wetland. Parks and Recreation Director Distad noted the master plan developed in 2003-2004 identified a second route from the park area to the townhomes and homes south of the park. The secondary trail is along Pilot Knob Road, but because of the distance, the boardwalk provides better access to the park. The boardwalk eliminates placing a trail behind the properties. MOTION by Wilson, second by Soderberg to approve the 2007 - 2011 parks capital improvement plan authorizing funding only for 2007 in the amount of $340,000. Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Voting against: Fogarty. MOTION CARRIED. MOTION by Fogarty, second by Wilson to approve the boardwalk. APIF, MOTION CARRIED. 12. NEWBUSINESS a) Ice Arena Rates - Administration Over the last six years the ice arena has had $400,000 in deficits and $300,000 was covered from liquor store transfers. There are 350 rental hours/year. The average yearly shortfall is $66,000. To increase revenues, it was proposed to increase the rates to $180 per hour. Currently the prime time rate is $150 per Council Minutes (Regular) February 20, 2007 Page 7 hour. Councilmember McKnight was more comfortable with $170 per hour. Councilmember Fogarty felt a 20% increase is too extreme. The new rate would be effective July 1, 2007. Prime time hours are 3 :00 p.m. - 10:00 p.m. Councilmember Wilson agreed with $170 per hour. Councilmember Pritzlaff felt we should be in the same range as neighboring communities. MOTION by McKnight, second by Pritzlaffto direct staffto set a public hearing to set ice rental rates for the 2007-2008 ice season at $170 per hour. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Vermillion River Planning Commission Appointment Councilmember Fogarty previously served on this commission. Due to scheduling conflicts, she did not re-apply for appointment. The Commission would like to have someone from Farmington serve. It is open to residents. Councilmember McKnight: Wished the girls hockey team good luck in the state tournament. Councilmember Wilson: Will be joining the Police Officers in the Special Olympics Polar Plunge. Councilmember Pritzlaff: He will also be participating in the Polar Plunge. Police Chief Lindquist: There are two training sessions on a pandemic avian flu; one for faith based organizations and one for the business community. Mayor Soderberg: Reminded residents there is a neighborhood meeting on seal coating on March 1, 2007 from 6:00 -7:00 p.m. at City Hall. He appreciated staff compiling the explanation on special assessments. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9: 10 p.m. APIF, MOTION CARRIED. Respectfully submitted, (l ~7V7~ ~thia Muller Executive Assistant