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HomeMy WebLinkAbout12.19.05 Council Minutes COUNCIL MINUTES PRE-MEETING DECEMBER 19, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Wilson Members Absent: Also Present: Soderberg, Fogarty (arrived 6:38 p.m.), McKnight, Pritzlaff, None Elliott Knetsch, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, 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 Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS Mr. Gary Green, 705 5th Street, stated he is a member of the NA and AA groups and they have a concern with the increase in the meeting room rental at the Rambling River Center. Two of the meetings are quite small, but they may have to discontinue the Monday night meeting if the rates go up. They appreciate the beautiful facility and take very good care of it. They have a large influx of people from the counseling center and are working with DWI people. They believe they are making the town a better place. The meetings are published statewide. They want to keep the meetings growing and the need is growing. 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight commented about the proposed concept review policy for the southeast region. Regarding zone B, he would like to see the MUSA Review Committee recommendation moved up in the process from step 5 to step 3. This would be before final review of the concept plan by staff, Planning Commission and Council. Community Development Director Carroll noted the problem with moving the MUSA recommendation ahead ofthe annexation, is the City may not have the legal right to grant MUSA to property that is not in the City. Councilmember McKnight stated nothing says we have to vote, the committee can still do their work. Staff noted that would involve breaking step 5 into two separate steps. The other issue with putting the MUSA ahead of the annexation and the concept plan is that the City would be talking with the township about the annexation of property without giving them clear indication of what it would be used for. As far as MUSA is concerned, that would be a similar issue. Previously staff Council Minutes (Pre-Meeting) December 19,2005 Page 2 requested concept plans from all of the MUSA applicants so the MUSA Review Committee would have that information. Councilmember Pritzlaffstated if the MUSA Committee would meet four times a year and stays on top of everything can it still stay at step 5. Councilmember McKnight liked the idea ofthe MUSA Committee meeting quarterly. Councilmember McKnight asked about the change order for the Ash Street project. City Engineer Mann explained the change. Councilmember McKnight then asked about the Seed/Genstar property annexation and asked for an explanation of going the tax route compared to using building permit fees for Castle Rock. Community Development Director Carroll stated an orderly annexation agreement already exists with the Seed property. That is not the case with Castle Rock. The annexation agreement did not address the issue of property tax sharing. It did not appear to the EFP AC Committee that a conscious decision was made to not share property tax revenue. It did not seem fair that because Empire was cooperating with the annexation they would be deprived of the property tax revenues. Staff recommended the minimum property taxes they would be entitled to under the statute is what they would get. Councilmember Wilson wanted to pull item 7f) Approve 2006 Tax Levy and Budget to vote on it separately from the rest ofthe Consent Agenda items. Regarding the 2006 Fee Schedule he received some information but asked if Administrative Services Director Shadick would be providing more insight into the changes. Each department head will address their increases in fees. Councilmember Wilson asked about the Rambling River Center fees and what percentage the non-profit groups use the Rambling River Center compared to other groups. Parks and Recreation Director Distad stated he can provide that to Council at a later time. Acting City Administrator Roland noted the structure was changed a few years ago to not single out anyone particular non-profit group, merely to address categories of groups. Councilmember Pritzlaff asked about the sewer sharing with Lakeville and if that has any affect on the capacity in that area. City Engineer Mann stated the sewer line in place now has room for additional capacity. If more capacity is needed, the developer will replace the current pipe with a larger pipe. 5. STAFF COMMENTS 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, ;;~ /Y74~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR DECEMBER 19, 2005 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, Acting City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, 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 Ben and Jessica Rowan, Chris and Ravit Berg 4. APPROVE AGENDA Councilmember McKnight pulled item 7k) Proposed Concept Review Policy (Southeast Region) and Proposed Criteria Regarding Multi-Family and Medium-to-High Density Housing for discussion. Councilmember Wilson pulled item 7f) 2006 Tax Levy and Budget to vote on it separately. Acting City Administrator Roland added supplemental item 1 Oc) Management Assessment for City Administrator Candidates. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (12/5/05 Regular) (11/30/05 & 12/8/05 Special) b) Approved Temporary On-Sale Liquor License - Administration Council Minutes (Regular) December 19,2005 Page 2 c) Adopted RESOLUTION R132-05 Approved Gambling Event Permit- Administration d) Adopted RESOLUTION R133-05 Approved Gambling Event Permit - Administration e) Authorized Advertisement for Bid Sale of Garbage Containers and Lids - Parks and Recreation g) Received Information November 2005 Financial Report - Finance h) Approved Sewer Sharing with Lakeville - Engineering i) Approved Assessment Agreements - Ash Street Project - Engineering j) Approved Change Order Ash Street Project - Engineering 1) Adopted Joint RESOLUTION R136-05 Approved Seed/Genstar Property Annexation - Community Development m) Adopted RESOLUTION R137-05 Approved 2006 Non-Bargaining COLA Agreement - Human Resources n) Adopted RESOLUTION R138-05 Approved Clerical, Technical, Professional Contract - Human Resources 0) Adopted RESOLUTION R139-05 Approved Maintenance Contract - Human Resources p) Approved Bills APIF, MOTION CARRIED. 1) Adopt Resolution - Approve 2006 Tax Levy and Budget - Finance It is required by statute that a tax levy resolution and a budget resolution be passed in order to certify it to the county by December 28,2005. MOTION by Wilson, second by Pritzlaffto adopt RESOLUTION R134-05 setting the 2006 collectible property tax levy and adopt RESOLUTION R135-05 approving the 2006 Budget and revising the 2005 Budget. APIF, MOTION CARRIED. k) Approve Proposed Concept Review Policy (Southeast Region) and Proposed Criteria Regarding Multi-Family and Medium-to-High Density Housing- Community Development Councilmember McKnight was concerned with the process for Zone B properties and the timing for the MUSA Review Committee to have input. Councilmember Pritzlaff recalled Councilmember Fogarty had suggested the MUSA Review Committee begin meeting quarterly. Councilmember McKnight would leave the process as is if they meet quarterly. The MUSA Committee is an important group from which to receive input. Staff suggested that if there are no items to discuss, the meeting could be cancelled until the next quarter. Councilmember Fogarty would like the MUSA Committee meetings to begin shortly after the first of the year. MOTION by McKnight, second by Pritzlaffto approve the concept review process for the Southeast region and the multi-family and medium-to-high density housing criteria. APIF, MOTION CARRIED. Council Minutes (Regular) December 19,2005 Page 3 8. PUBLIC HEARINGS a) Adopt Ordinance - Approving 2006 Fee Schedule - Administration Staff presented proposed fee changes effective January 1, 2006. Each department head gave an overview of the proposed changes for their area. Mr. Gary Green, 705 5th Street, stated the non-profit groups are concerned about the increase in the Class 2 fees for room rental at the Rambling River Center. The people attending the meetings have no money. It is difficult for them to come up with any contributions. The meetings are self-supporting. The money that does come into the meetings is needed for books, materials, etc. He brought in a Tuesday night meeting and there is a speaker meeting once a month on Saturday. To add a speaker meeting for every Saturday would add another $30, this would bring the total for all the meetings to $70. He believed the rates are approaching an uncompetitive rate in the area to hold meetings such as this. When they have to come up with that much money on a regular basis, some of them will move out and buy their own building and that money will go out of town. They want to use the Rambling River Center. It is a beautiful facility and Missie Kohlbeck is a wonderful administrator. She helps them out constantly. They appreciate what they do have and they want to keep it going. Staff had proposed a $5 increase for rental of the meeting room for Class 2 groups. The fee for 2006 would be $15. Councilmember Fogarty was concerned with increasing this fee as the fee was just established last year and would like to see it stay at $10. Councilmember McKnight agreed with not changing this fee. Counci1member Wilson also agreed to leave the room rental fee at $10, but was concerned with the $30 discontinuance fee for garbage service. Staff surveyed other cities and private companies and they do charge a discontinuance fee and the proposed $30 is within the range. Councilmember Pritzlaff also did not agree with increasing the Class 2 fees for room rental. Mrs. Ravit Berg, 5241 203rd Street, commented about the garbage discontinuance fee and asked why people cannot leave their containers in the garage. Councilmember Wilson explained there has been an issue with residents leaving town and not notifying the City when they returned and began using the garbage service again. Mayor Soderberg noted rules are put in place for people that do not follow them. Some come back early and get garbage service for no cost because the driver sees a can and empties it. Mrs. Berg asked how you could cheat if you already paid for the can. Your garbage can only be picked up if you have a can. You put the garbage out and you obviously paid for the can. Mayor Soderberg clarified this is for people who leave town for 3-4 months and discontinue their service. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight adopting ORDINANCE 005-546 establishing 2006 charges and fees for licenses and Council Minutes (Regular) December 19,2005 Page 4 permits effective January 1,2006 except the Rambling River Center Class 2 fee which is to remain at $10. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) 203rd Street Wetland Buffers - Engineering (This item was moved forward to accommodate the audience). At the last meeting Council considered two cases regarding wetland buffers at 5215 203rd Street, owned by Benjamin and Jessica Rowan, and 5241 203rd Street, owned by Christopher and Ravit Berg. At the last meeting Council considered the issue with the Rowan's and the fact improvements were in place at the time the buffer issue was identified. It was discussed that the Rowan's would be able to keep their sod and sprinkler system to the rear property line. Regarding the Berg's property, Council asked for a timeline of the discussions and communications with the resident regarding the buffer. For the Rowan's property, Council was asked to consider allowing an Encroachment Agreement of the sprinkler system and in the drainage and utility easement, contingent on the owner signing the agreement. Regarding the Berg's property the recommendation was staffbe directed to require the removal of the encroaching items from the City property and the buffer at the owner's expense. Council considered the Rowan's property first. Mayor Soderberg recalled the Rowan's presented a timeline at the last meeting regarding when items were approved. He felt the Encroachment Agreement compromised the buffer. The City made some errors so the City needs to correct those errors, but he still would like to see the conservation easement maintained. He asked Council to consider having the City restore the buffer and pay for the moving of the sprinkler system so the conservation easement remains intact. The City made errors in permitting and inspections and the Rowan's are not at fault, but we need to maintain the integrity of the conservation easement. Councilmember Pritzlaffnoted with the original compromise owners did gain footage in their backyards. He felt making an exception for one would create problems later. He felt the City needed to make it right and agreed with Mayor Soderberg. Councilmember Wilson stated if we make an exception for the Rowan's, we are treating properties inconsistently. He supported the Mayor's recommendation. Councilmember McKnight agreed with the concept of treating everyone the same, but felt there were too many extenuating circumstances. He was willing to leave the 10ft. as sod. Councilmember Fogarty agreed with Councilmember McKnight, but wanted to hear what the Rowan's had to say. Mr. Ben Rowan, 5215 203rd Street, stated he was shocked by what is happening now based on two weeks ago when Council was in agreement with leaving the property as is. He felt they presented the facts and did not understand why it was changing. Mayor Soderberg stated he wanted to treat everyone consistently. If Council requires one to maintain a conservation easement, he wanted all to maintain the conservation easement. We started with a wetland buffer and tried to reach a compromise that would protect the wetland as well as release as much Council Minutes (Regular) December 19,2005 Page 5 property as possible. He did not want to treat one property different from another. What happened on the Rowan's property was no fault of their own. The City made errors in granting permits and approving inspections and not identifying the conservation easement as being encroached upon. To be fair, the Mayor felt the City should restore that area, so the Rowan's would not bear the cost. Councilmember Pritzlaff stated he would like to treat each property on a case by case basis, but that will not work. By the compromise they did gain some footage in their backyard. Mrs. Jessica Rowan, 5215 203rd Street, stated they were treated differently from everyone else. Others were aware of the conservation easement before their landscaping was installed. The Rowan's was approved and then they found out about the easement. Mayor Soderberg stated there were mistakes made and now the question is how to make it right. If they had installed the improvements knowing the buffer existed and where the line was, the Rowans' would be required to pay to restore it. Because the City made some errors, we need to make it right. We still have a conservation easement. The Rowan's have great evidence showing they did nothing wrong, so the Mayor was willing to have the City restore the buffer. Councilmember Wilson stated tonight he received a copy of the Development Contract dated October 21, 2002 and it references the wetland buffer and natural area signs. The developer was given the information from the City to pass on to the builder which clearly shows there is a wetland buffer for every home on the north and northeast area of203rd Street. He felt they were making the Rowan's situation consistent with everyone else. Councilmember Pritzlaff added a lot of these situations are a communication problem between the developer, builder, and the property owner. Mr. Rowan stated they will lose the sale of their home because of this and it will affect the presentation of their home this spring with the backyard torn up. Their property will not be presentable to a buyer. Ifleft as is, it would be sold or at least in the spring it will look nice. Mayor Soderberg stated it would not be restored until spring. Mr. Rowan stated last week Council was on board with leaving it as is, and now half the Council has changed their mind and given no support for it except admitting fault. They have a sale pending and will not be able to sell it in the spring so for the Rowan's this is a huge issue. Mayor Soderberg asked Mr. Rowan how Council answers their neighbors when they want Council to vacate their property back to the property line and vacate the conservation easement. Mr. Rowan stated Council could show them the time1ine, that they were the first ones in the neighborhood. Mayor Soderberg stated that will not matter to anyone else, but he would be treating one property different from another. Staff noted there were other properties that had to do restoration work and some will be done next year. Mr. Rowan stated their situation is unique because they had a permit pulled for their sprinkler system and no one else did Council Minutes (Regular) December 19,2005 Page 6 and they had their escrow money released and no one else did. These are two distinct things that Council could stand behind in dealing with others. Ms. Amy Greek, 5349 203rd Street W, asked when the Rowan's moved in. They moved in November 2003. Ms. Greek stated they were the first ones with sod on the street and landscaping. They built with College City and people who used other builders did not know about the wetland buffers. She found it hard to believe when everyone received the same survey certificate that shows the wetland buffer when they purchased the house and also received covenants that show residents are not allowed to go into the wetland buffers, that the Rowans did not know about this. She knows the Rowan's knew the wetland buffer was there, because the sign was up before they put sod in, because the day that the sod went in she called the City informing them the sod was installed past the sign. The Greek's had asked for a variance when they built and were told they could not have it because ofthe conservation easement. She was told the City would speak to the Rowan's about the sod. She found it hard to believe when there was a sign in every yard. They also pulled permits for a sprinkler system, sod, and received their escrow money. Ms. Ravit Berg, 5241 203rd Street, stated regarding the Rowan's property the wetland buffer affects everyone on 203rd Street. She felt everyone should be supplied with the same correspondence. In the correspondence it states that the Rowan's called the City and they were told they were not allowed to install sod and sprinklers and they still proceeded to do so. Mrs. Berg agreed everyone should be treated equally. Ifthe City provides the seed to restore the wetland buffer, that is fine. She felt no special consideration should be given and objected to the City paying for the sod. Her second issue is that anywhere the City wants to restore the wetland buffer, they should pay for that also. Mr. Rowan stated as far as the comments from Ms. Greek, he found it interesting that she knows what the Rowan's knew about when he has never talked to her until a couple weeks ago. As far as Ms. Berg's comments, she was speaking about a date of September 2004 and their work was done in July 2004. He has a picture from September 9, 2004 showing the sign and their work was done prior to that. Mr. Derek Christensen, 5289 203rd Street, stated he brought this to Council 10 months ago and fought to get his property back. They waited to spring to develop their back yard and noticed that is when the buffer signs were installed. He felt there were a lot of people that did not know the buffer was on their property. He felt it would only be fair to give everyone their land back or treat everyone the same. Councilmember Wilson stated what he was agreeing to now is different than what he agreed to last week. His preference would be to vacate the buffer for all residents, but that is not realistic. Beyond that, we have to look at it consistently. Council Minutes (Regular) December 19,2005 Page 7 The Rowan's are trying to make their property presentable to put it on the market. He asked how quickly the work can be done and what can be done to minimize the impact to their yard. City Engineer Mann replied anytime they do work in a yard they try to make as little impact as possible. As far as when the work can start, depends on the weather. They would have to meet with the contractor to work out a plan. Councilmember Pritzlaff asked what the cost would be for the work on the Rowan's property. Staff estimated it to be approximately $2,000. The sod would be pulled out and a fabric blanket would be put down over the seed. It would take 2-3 weeks for some things to begin to grow. Mayor Soderberg asked the Rowan's if they would be willing to grant a Conservation Easement if the City restores the buffer up to the conservation easement line. Mr. Rowan replied if that is their only option. Their biggest concern is selling their home. Councilmember Pritzlaff stated his concern is at what point do they stop the City's cost if someone else comes in. Mayor Soderberg stated the Rowan's documented that the City erred. If there is no documentation, a permit was not required, no inspection was done, then the land owner would be responsible. Acting City Attorney Knetsch agreed this was an excellent distinction to make. They are different situations. MOTION by Soderberg, second by Pritzlaffto direct City staff to restore the wetland buffer to either the wetland buffer line or the conservation easement line, if a Conservation Easement is granted, at City expense. Councilmember McKnight felt a dollar is too much of taxpayers' money to fix this error. Mayor Soderberg and Councilmember Pritzlaff agreed, but Mayor Soderberg noted the City made an error and felt this was the best way to make it right. Councilmember Fogarty stated she intends to vote against this because her concern is that the Rowan's had no forewarning of this change from the last meeting and she has not had the opportunity to speak with the Rowan's. Voting for: Soderberg, Pritzlaff, Wilson. Voting against: Fogarty, McKnight. MOTION CARRIED. The next property discussed is at 5241 203rd Street owned by Chris and Ravit Berg. Staff provided documentation of communications with the Berg's. Mrs. Berg noted at the last meeting and in the documentation there was a wetland buffer workshop. She stated they were not notified of this workshop. They distributed a petition among the residents along the wetland that they also did not know about the workshop. She is glad to see that all residents will be treated equally. There were two Councilmembers that called the Berg's and took their time to try to understand the issue. They would like to be informed regarding everything that has happened with the wetland issue. They did receive the Conservation Easement documents three weeks ago, but only received the new survey this week. Mrs. Berg stated the Council is working for them and would like the Council to take more time to understand them. They are not getting what they voted for. When she votes for Councilmembers she would like them to be more understanding than the majority of the people. It would be nice to have a Council Minutes (Regular) December 19, 2005 Page 8 real workshop with all the residents invited. As some Councilmembers took time to come to their home and tried to understand their situation, they will move the pond to the other side ofthe yard. As it is frozen now, this would happen in April. Their landscaper is willing to move it. Mrs. Berg wanted to make it mandatory that in April, City Engineer Mann will come to their yard and physically stake the pond, take a picture ofthe staked area, and they will dig a hole to make the pond. Her other issue is the erosion problem in the backyard. On the eastern corner ofthe yard there is a hump which is on City property. They will move the rocks from this area. If this is done, there will be erosion from the City property to the neighbors. If the Berg's are asked to remove the rocks, she does not want to hear a single complaint or receive a call from staff or the neighbors to replace more sod. They did a favor for the City of paying for the rocks to retain the erosion. She is only willing to move the pond if City Engineer Mann personally comes to stake the location of the pond. They want to be exempt if there is an erosion problem from removing the rocks. The last issue is they want to be allowed to plant vegetation native to Minnesota and would like the list to come directly from City Engineer Mann. They will restore the area themselves. They do not want anyone to step on their property, seed it, touch it or harass them in any way. They will do the work themselves with their landscaper. They would like to have the entire buffer area off their property. Councilmember Pritzlaffurged the Berg's to check with the City regarding any setbacks before moving their pond. Mrs. Berg stated that is why City Engineer Mann is coming. Councilmember Pritzlaff replied he is probably not coming. It is your yard, you have surveyors that will sight where they property line is. Check with the City to make sure there are no setbacks from the neighbor's property to the pond. The Berg's agreed. Mrs. Berg stated she would like this issue to be wrapped up today. They are volunteering to move the pond and it is a very costly thing to do. She stated City Engineer Mann is coming. Mr. Berg stated the reason they are asking for him to come, is last summer when they put in the rock retaining wall and the fish pond they were in communication with the City and they knew where the pond was going. They found out afterwards it was in an area where it was not supposed to be. They want to make sure they do not have any confrontations again and want to make sure the conservation easement is marked correctly. Councilmember McKnight clarified that they are moving the pond and the landscaping that is past the proposed conservation easement line. Mrs. Berg stated the last 10 ft. from the property line. The Berg's pointed it out on the picture what would be removed. Mayor Soderberg reviewed Mrs. Berg's points. She asked for some documents regarding the wetland buffer issue and directed staff to forward those documents to Mrs. Berg. Regarding working with the landscaper, staffwill provide guidance and place markers where the conservation easement line is. Everything from that line towards the back ofthe property line would need to be restored to the wetland buffer. Whether City Engineer Mann places the stakes, or a building inspector, or a surveyor does not matter. Mrs. Berg stated her compromise is only dependent if Council Minutes (Regular) December 19, 2005 Page 9 they work with City Engineer Mann. Mayor Soderberg stated the conservation easement will be marked. The property on the conservation easement side will be restored to natural vegetation and staffwill provide a list of what can be planted. With regard to the erosion problem, that will have to be addressed. City Engineer Mann stated with the rocks being removed, that presents an erosion problem. Council needs to direct who is responsible for dealing with the erosion. There will be an erosion issue until the site is graded back to what it needs to be and then stabilized. How this will work is dependent on discussions with the Berg's and their landscaper. The erosion, seeding and re-grading should all be part of the same operation. There is a specification that needs to be met for the seeds. Staff needs to receive the Conservation Easement document to make this official and for the City to be able to vacate the drainage and utility easement that is beyond the conservation easement. Mrs. Berg noted the Conservation Easement is already in process and they have paid the mortgage company. The minute the frost is out, the pond is moving to the other side. The landscaper will be moving the pond and the rocks at the same time. None of the City's dirt from the hump can go into their yard. Mrs. Berg does not want the four trees in the buffer touched when the grading is done. Mrs. Berg wanted to make it clear that they will remove the rocks, but does not want to hear one complaint about the erosion. Councilmember Pritzlaff stated when the rocks are removed, the grasses will take care of the erosion. City Engineer Mann replied they will have to establish that with seeding and blanketing. Staffwill review the grading plan to determine what was there. Mrs. Berg asked who will have to establish that because she is not encroaching on City property. The Berg's wanted to make sure it is not them. Mayor Soderberg stated you have encroached on City property and if you remove the rocks, the wetland buffer will need to be restored by you. Mrs. Berg replied no, she does not want to touch anything that has to do with the City. Mayor Soderberg stated the Berg's will need to restore the wetland buffer and the portion where they have encroached on City property. Mrs. Berg refused to take her seat and Mayor Soderberg called for a recess at 9:21 p.m. The Council meeting resumed at 9:32 p.m. Mayor Soderberg stated regarding the property at 5241 203rd Street, the conservation easement line will be delineated so the Berg's understand where it is. A list of vegetation will be provided along with a specification for the seeding. As far as locating the pond, the pond needs to be located inside the conservation easement and needs to meet any setbacks. Staff will work closely with the landscaper to define these areas so everything works together to restore the area. Councilmember Pritzlaff clarified there will be no cost to the City and Mayor Soderberg confirmed this. Mr. Berg stated he does not know what the cost of the re-grading will be, but hoped the City will be reasonable if the cost is excessive and help them out. City Engineer Mann stated we will be able to determine what was there before and would not recommend to Council that the Berg's pay for any restoration over and above what was there before. If there are further improvements that might be beneficial that will be brought back to Council and the Council can determine whether to go ahead with that. MOTION by Soderberg, second Pritzlaff, to direct staffto work with the Council Minutes (Regular) December 19,2005 Page 10 Berg's in restoring the wetland buffer back to the conservation easement line pending the Conservation Easement agreement, provide a list of natural vegetation and specifications for seed, delineating specifically where the conservation easement line is, and assist with solving any erosion problems on City property. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt 2006-2010 CIP - Finance The CIP will include a schedule which outlines City projects, public works projects and parks projects for 2006-2010. This was discussed at a workshop on October 26,2005. All the 2006 projects have been included in the budget. 2006 projects include the First Street garage storage facility, the annual seal coat project, well no. 8 and the pump house, sidewalk and curb replacement program, annual mill and overlay project, Spruce Street bridge and utility street extension, 208th Street and utility extension from where it ends in the Industrial Park westerly to CSAH 31, Hill Dee area street reconstruction, 195th Street east construction from the current terminus to hwy 3, bike trail around the southeast area trunk facility, and the Fair Hills pond bank stabilization project. The public works projects total $20 million. The majority of the cost will be charged to developers or land owners based on City policy. The Spruce Street project has $1 million in grant funding to help pay for the bridge with the balance of the project being assessed back to the Spruce Street area with an agreement for an abatement which the developer will be requesting at the time of construction ofthe project. The 195th Street project will be brought to Council in early 2006 as to how this project will be funded between the County, the developer, and the City as part of their development agreement. The project might be split into a two-phase project, part in 2006 and part in 2007. Park projects will be done on Silver Springs Park, Vermillion Grove Park, Mystic Meadows Park, the Seed-Genstar Park, Evergreen Knoll Park, Depot Way Arts Park, and planning on Dakota County Estates, Daisy Knoll, and Westview Park. Park projects for 2006 total $548,000 and would be funded by developer contributions as part of their requirements in the development contracts and excess funding out of the park improvement fund. Mayor Soderberg noted on the Consent Agenda was the approval of the annexation for the Newland property which will facilitate the 195th Street extension. MOTION by Wilson, second by Pritzlaffto approve the 2006-2010 Capital Improvement Plan. APIF, MOTION CARRIED. b) Discussion of Citywide Broadband Connectivity - Information Technology There has been interest from residents and Council to explore broadband connectivity. City representatives attended a conference that focused on this technology and the costs. This can be a powerful economic and residential Council Minutes (Regular) December 19,2005 Page 11 development tool. The City has recently installed a fiber optic network which is the base needed to provide this technology to every home and business to be able to meet telephone, internet and video demands for the future. The cost will vary depending on the services and capital expenditures. Council agreed for staff to research the options and place it on the City survey. Staffwill bring an RFP to Council in January to do a Citywide survey and would like to include questions regarding fiber optics providers ofthe services whether it be City run or a combination of a public/private partnership. Staffwill bring back some education pieces to outline the City's options and how a couple other cities are doing this, such as St. Louis Park and Chaska. There should be a workshop in 2006 to discuss the options and how to move forward. Council reached a consensus for this item. c) Management Assessment City Administrator Candidates - Human Resources Staffhas contacted PDI and Martin-McAllister for conducting management assessments on the City Administrator candidates. PDI would charge $2500 for two candidates and Martin-McAllister would charge $2000 for two candidates. Mayor Soderberg noted one candidate has withdrawn so this would be for Peter Herlofsky and Jeff O'Neill. Each company uses different assessment tools but both would provide the information Council is looking for. Councilmember McKnight was prepared to focus on one candidate. Mayor Soderberg noted this would save some funds as there was one candidate that received all five votes of the Council. He would be in favor of doing the assessment on one candidate. Councilmember McKnight was to the point of working on an employment agreement depending on the background check and the psychological check. He was ready to move forward with this candidate. Staff clarified that staff should continue with the background check and the management assessment on the candidate identified by all five Councilmembers. Subject to the background and management assessment being brought back to Council, at that time dependent on the results Council would want to go forward with an offer to that individual. At this time there will be a background check and management assessment on one candidate. Councilmember Fogarty added and a contingent job offer. Staff noted City Attorney Jamnik recommended Council wait to make the contingent offer until Council has the background and management assessment in hand. The preliminary verbal report could be ready by the end of the week for the background. A complete background would take longer. Martin-McAllister has indicated they would be able to provide this between Christmas and New Year's and the results would be available in a few days. Acting City Attorney Knetsch also recommended getting the results of the background and assessment first and then provide a job offer. Mayor Soderberg recommended having Martin- McAllister do the management assessment for Mr. Peter Herlofsky and provide this information to Council for the first meeting in January. MOTION by McKnight, second by Pritzlaffto approve the hiring of Martin-McAllister to perform a management assessment on City Administrator candidate, Mr. Peter Herlofsky. APIF, MOTION CARRIED. Council Minutes (Regular) December 19,2005 Page 12 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Wilson: He attended the Toys for Town preparation and sent tremendous kudos to the high school and all the students. It was neat to watch Police Chief Siebenaler who was glowing because of the success. Councilmember Pritzlaff: Also attended Toys for Town and it was fun. He thanked everyone from the school district and those who gave to the program, and Police Chief Siebenaler for being in charge of the program. The new park and ride opened on December 5,2005 north of 160th Street and Pilot Knob Road. Direct express service to bypass Apple Valley will be available in 2006. He went out on a plow truck to see the operation. He received an e-mail from a resident regarding sidewalks that are not being cleaned in a timely manner. City Engineer Mann will verify the situation and there are ordinances stipulating a deadline for having sidewalks shoveled. If not done, the City does it and bills the resident. Acting City Administrator/Finance Director Roland: Reminded Council the Farmington Chamber luncheon takes place on Wednesday. The Farmington High School choir will be singing. Police Chief Siebenaler: Toys for Town served 168 children in 70 families. Additional gifts were donated to another non-profit that serves families with parents in rehab, more given to the Community Action Council food shelf program what will be used for birthday presents. A truckload will be donated to the B. Robert Lewis House. There were 50 volunteers and he thanked everyone who came. Parks and Recreation Director Distad: We have outdoor ice and the warming houses are open. The holiday decorations are up on the Maintenance Facility. City Engineer Mann: There were two water main breaks on Elm Street this week, one by the dentist office and one by the parks garage. Mayor Soderberg: Last week Farmington hosted the Mayors/Managers meeting in Eagan and thanked Acting City Administrator Roland for providing the refreshments and Police Chief Siebenaler for addressing the audience and sharing information on Toys for Town. After that meeting there was a meeting of the Board of Directors for the Dakota Communications Center and a profile for the Administrator for this program was reviewed. The Brimeyer Group will be conducting the search. He attended Toys for Town and was surprised by the number of kids there wrapping Council Minutes (Regular) December 19,2005 Page 13 presents. What a great heritage to pass on to children. We ended up with truckloads of gifts to pass on. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 10:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~d~~~~ c/ Cynthia Muller Executive Assistant