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HomeMy WebLinkAbout01.03.06 Council Minutes COUNCIL MINUTES PRE-MEETING January 3, 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; 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 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight was concerned with the Comp Plan Amendment concerning trails for the Perkins property. He felt it was pre-mature to approve this plan for a property that is not in the City yet. He asked that it be pulled from the agenda and brought back at a later time. Mayor Soderberg noted the trail goes around the property and is located in the City. It then connects with the DevneylWinkler property. Parks and Recreation Director Distad explained it will be moved onto the Perkins property as this property moves through the process as the park dedication ordinance specifies that trails shown on the property and in the trail master plan are paid for by the developer. The Park and Rec Commission wanted these trails identified early so it was not missed. Trails can be shown outside the City boundaries. The property is not in the City and it does not have MUSA. Staff stated currently the trails shown on the plan map are on City property. The proposed amendment is to show them on the Perkins property which will be going through the orderly annexation process soon. Councilmember Fogarty suggested an ordinance change to address that during the annexation process the Park and Rec Commission has an opportunity to add trails before doing the plat. It was agreed to pull this off the agenda. Council Minutes (Pre-Meeting) January 3, 2006 Page 2 Councilmember McKnight asked about the organizational matters. He noted there were two rate schedules for Bonestroo. Staff explained one is for City projects and the other shows what developers are charged. The individual charges are the hourly rates that will be charged to developers. The first three individuals received a larger increase because they received a step up in job class. Councilmember McKnight noted there was no Planning Commission member listed for appointment to the Castle Rock group. Staff suggested waiting until appointments were made for the vacant seat on the Planning Commission and then they can recommend someone. Council decided to follow this same practice for the EFP AC committee. Councilmember Wilson asked about advertising for a new garbage truck and if this was another truck for a new route. Staff explained this will be a replacement for an older truck. Usually the old truck is traded in for a discount on the new truck. Councilmember Wilson also expressed his interest in having the City's website re-designed. He wanted to see what options were available and the cost. Mayor Soderberg suggested having the new City Administrator determine how to proceed. Councilmember Pritzlaffthanked Officer Scovill for his donation of a taser. He then asked about the change order for the Fire Station project. Staff explained it was for changing the dryer from electric to gas, and to separate the irrigation systems from the Maintenance Facility. Councilmember Pritzlaff noted on every project we are seeing 1-3 change orders and the cost is going up. He asked if an estimate can be obtained and stay with it. Staff explained the total cost ofthe project at the end has been very close to the estimate. There is a contingency to allow for change orders for any project. Councilmember Pritzlaff noticed the darker color brick is different than the Police and Maintenance Facilities and felt they all should have matched. Councilmember Pritzlaffthen asked about the purchase of a new sweepster broom. Staff explained this is an additional brush to be used as a backup. He then asked about the bills and the entry for postage for CMI. Staff explained that is for postage for mailing the newsletter. Councilmember Pritzlaff also asked about the charge for Gopher State One Call and thought that service was free. Staff explained it is not free to the City. 5. STAFF COMMENTS City Attorney Jamnik stated regarding the public hearings for the liquor license suspensions, stipulations have been received from the Ugly Mug, Oasis Market, and New Moon Buffet so they were pulled from the agenda. Community Development Director Carroll pulled the CDBG allocation as the CDA has some additional issues to be discussed. This will be brought back to the January 17, 2006 meeting. Council Minutes (Pre-Meeting) January 3, 2006 Page 3 6. ADJOURN MOTION by Pritzlaff, second by Wilson to adjourn at 6:54 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~)r7J~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR January 3,2006 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; 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 Marianne Feely, William Myers, Karen Fuller, Randy Oswald, Kim Kamen, Carl Johnson, Cassie Johnson, Bob Kamen, Dave Eldridge 4. APPROVE AGENDA Councilmember McKnight pulled item 7j) Adopt Resolution Approving Comprehensive Plan Amendment Concerning Existing and Proposed Parks, Trails and Open Space Plan Map for consideration at a later time. City Attorney Jamnik pulled items 8c,d,e) Liquor License Suspension for Ugly Mug, Oasis Market, and New Moon Buffet as signed stipulations have been received. Community Development Director Carroll pulled item 71) Approve CDBG Allocation for consideration at a later date. MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (12/19/05 Regular) b) Received Information Boards and Commissions Attendance - Administration Councilmember Wilson recognized those members with perfect attendance. Council Minutes (Regular) January 3,2006 Page 2 c) Adopted RESOLUTION RI-06 Accepting Donation - Police Department Mayor Soderberg thanked Officer Shawn Scovill for the donation of a taser. d) Approved Assessment Agreement - Ash Street Project - Engineering e) Approved Change Order - Fire Station Project - Engineering f) Approved School and Conference - Fire Department g) Adopted RESOLUTION R2-06 Approving Plans and Specifications and Authorizing Advertisement for Bids - Parks and Recreation h) Adopted RESOLUTION R3-06 Approving Plans and Specifications and Authorizing Advertisement for Bids - Parks and Recreation i) Received Information Capital Outlay - Parks and Recreation k) Approved LMCIT Excess Liability Coverage - Finance m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Liquor License Suspension - B&B Pizza - Police Department b) Liquor License Suspension - VFW - Police Department In November and December the Police Department conducted alcohol compliance checks. Five businesses failed. Two of the businesses have chosen to participate in a public hearing regarding the penalties imposed. Police Chief Siebenaler explained the process followed for compliance checks. In one case, no ill was requested and in the other case the ill was requested, but the person was still served. Staff recommended that for each of the first time buyers there be a fine of $250 and a three-day suspension of their license. For the multiple-offender, B&B Pizza, a $500 fine and a seven-day suspension was recommended. Councilmember Fogarty felt it would be appropriate to do compliance checks more than once a year. Staff agreed. Councilmember Pritzlaff asked if there was a certain amount of time set for the suspension or if Council can select the amount. City Attorney J amnik stated the stipulations include the dates for the suspension. The penalties are February 1-3, 2006 and February 1-7, 2006. The City does not have a schedule of presumed penalties, but that has been discussed. Mr. Dave Eldridge, B&B Pizza, stated he recently bought out the old partners and they are taking steps to correct this. He asked if everyone who comes in to buy alcohol has to be carded or just those who appear to be 30 or older. According to the sales person, she thought the customer looked old enough. Police Chief Siebenaler stated those guidelines can be adopted, but some card everyone every time. The statement made to the officer by the seller was that she was busy and should have carded, but didn't. Mr. Eldridge stated the clerk told him she thought the customer looked old enough. However, this will not happen again and they are looking for some compassion as they are seriously thinking of not selling alcohol after this year. Councilmember Fogarty asked Mr. Eldridge when he bought B&B. Mr. Eldridge replied in October 2005. Councilmember Pritzlaff asked if previous violations carry over to a new owner. Police Chief Siebenaler replied this is new information and asked Mr. Eldridge ifhe was previously a Council Minutes (Regular) January 3, 2006 Page 3 partner at all. Mr. Eldridge replied no. Police Chief Siebenaler stated in that case he would recommend this be treated as a first time violation. Ms. Karen Fuller, VFW, stated this is their first time for failing and it was their newest bartender. She does have the bartenders set up for an alcohol awareness program. They have passed every compliance check since 1996. All employees will go through this training and they have new scanners to check ID's. Mr. Wade Fuller, stated he sold the alcohol to the minor and has been very embarrassed. He checked the ID twice and was guilty of doing poor math. Rather than the fine being imposed on the VFW, he asked to take responsibility himself. Ms. Fuller noted ID's from every state are different and licenses from some states you cannot scan. Mayor Soderberg noted with regard to payment of the fine, it does not matter where the funds come from, however the liquor license itself is attached to the establishment. They need to impose the suspension on the business to be consistent. Police Chief Siebenaler noted each individual seller is also being charged in addition to the business. City Attorney J amnik noted it may require a court appearance and the individuals will be receiving something in the mail. Mayor Soderberg noted the Police Chief has recommended for B&B Pizza the penalty be changed to a three-day suspension and a $250 fine which is consistent with others that have failed. This will also be for February 1-3, 2006. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. Police Chief Siebenaler stated the Police Department in cooperation with Project Northland will be sponsoring alcohol server training on January 17 and 18,2006. All ofthe liquor retailers will be invited to send all of their servers to this training. This is their opportunity to have everyone trained quickly. There is no charge for the training and it will be held at the Police Department. MOTION by Pritzlaff, second by Wilson to approve the $250 penalty and a three-day suspension for February 1-3, 2006 for B&B Pizza and the VFW. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matters - Administration MOTION by McKnight, second by Pritzlaff as follows: 10a(1). That Councilmember Fogarty be designated as Acting Mayor from January 4, 2006 through December 31, 2006. 10a(2). That the Farmington Independent be designated as the official publication from January 4,2006 through December 31, 2006. Council Minutes (Regular) January 3, 2006 Page 4 10a(3). Appoint the firm of Campbell Knutson, Joel J amnik as City Attorney from January 4, 2006 through December 31, 2006. 1 Oa( 4). Appoint the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2006 and Lee Mann as City Engineer/Public Works Director. 10a(5). That the Anchor Bank of Farmington, League of Minnesota Cities 4M Fund, RBC Dain Rauscher, Wells Fargo Investments and Salomon Smith Barney be designated as the Official Depositories from January 4,2006 through December 31,2006. 10a(6). That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2006. 10a(7). Approve a $1,000,000 Faithful Performance bond for the City Clerk. 10a(16). Appoint Robin Roland as Director and Brenda Wendlandt as Alternate to LOGIS for 2006. 10a(17). Adopt RESOLUTION R4-06 appointing Robin Roland as the Responsible Authority for data practices and Brenda Wendlandt as Data Practices Act Compliance Officer for 2006. APIF, MOTION CARRIED. 10a(8). ORDINANCE NO. 005-546 Establishing Fees and Charges for licenses and permits for 2006 was adopted December 19, 2005. 10a(9). Appointments to Boards and Commissions - Candidates will be interviewed January 7, 2006 and appointments will be made at the January 17, 2006 Council Meeting. 10a(10). MOTION by Soderberg, second by Pritzlaff appointing Councilmember McKnight to the Economic Development Authority. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. Motion Carried. 10a(1l). MOTION by Soderberg, second by McKnight, to appoint Councilmember Wilson as the primary and Councilmember Pritzlaff as the alternate representative to the ALF Ambulance Board. APIF, Motion Carried. 10a(12). MOTION by Pritzlaff, second by Wilson to appoint Mayor Soderberg as the City's representative to the CEEF Committee. APIF, Motion Carried. 10a(13). MOTION by Soderberg, second by McKnight acknowledging the designation of Councilmember Fogarty, and staff member Kevin Carroll, on the Farmington/Empire Planning Advisory Committee. APIF, Motion Carried. Council Minutes (Regular) January 3, 2006 Page 5 10a(14). MOTION by Soderberg, second by McKnight to appoint Councilmembers Pritzlaff and Wilson to the MUSA Review Committee. APIF, Motion Carried. 10a(15). MOTION by Soderberg, second by Pritzlaff to appoint Councilmember McKnight to the Farmington/Castle Rock Discussion Group. APIF, Motion Carried. Mayor Soderberg noted the Planning Commission will make recommendations for representatives on the Castle Rock Discussion Group and the FarmingtonlEmpire Planning Advisory Committee. Mayor Soderberg noted the other committees on which Councilmembers serve. b) Adopt Parks and Recreation Department Strategic Revenue Plan - Parks and Recreation This plan was created to provide better direction for department staff as they went through the process for determining fees for services provided. It identifies pricing guidelines, cost recovery standards and pricing worksheets. The pricing guideline provides direction to staff on how certain services are priced based on the amount of public versus private benefit. The cost recovery standard provides direction to staff on how much of the overall expenditures by division the department should be recovering through the fees it charges for services. The worksheets will be used by staffto determine fees for the various programs, services, and facilities provided to the public. This is a strategic plan, not a policy. Parks and Recreation Director Distad reviewed a couple of the components of the strategic plan. Mayor Soderberg suggested making a change in Table 3 for recreation programs to show a target level of35% of total expenditures be covered by fees and a target level of 65% oftotal expenditures be covered by other subsidies. Council felt this was an excellent plan to have. This plan will be used during the next budget cycle. MOTION by Wilson, second by Pritzlaffto adopt the Strategic Revenue Plan for the Parks and Recreation Department with the recommended change. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Wilson: There was a goal-setting workshop 10 months ago and once a new City Administrator is in place he would like to hold another workshop. Councilmember Pritzlaff: Regarding the property on 203rd Street that was shown in the background with a silt fence installed, he discussed this with staff. There are now four bright pink stakes in the back lawn and they will be moved to show the conservation easement line now that the documents have been signed. Regarding the fees for the Council Minutes (Regular) January 3, 2006 Page 6 garbage discontinuance he asked how many people leave town. Staff stated they receive approximately 34 exemptions per year. Councilmember Pritzlaff asked how much space is available to store these garbage cans and asked if there could be a different color lid placed on the garbage can to alert the drivers. Staff felt that would be more cost prohibitive. The stock is rotated quickly and there is storage space for the cans. Councilmember Pritzlaff noted the tree preservation ordinance will be on the next Council agenda. Regarding the Pre-Council Meetings he felt they are good, but suggested eliminating the citizen comments portion as very few people have appeared. Councilmembers noted if no one takes advantage of it, we just move on. It was agreed to continue with Pre-Meetings and leave citizen comments on the agenda. He asked if a schedule will be arranged for Coffee with Council. Staff will prepare a schedule following the same rotation. City Attorney Jamnik: The Court of Appeals heard oral arguments in the powerline appeal on December 14,2005. A decision is expected mid-March. Administrative Services Director Shadick: Reminded Council of the Joint Counci1/HPC Workshop on January 18, 2006 at 6:30 p.m. in the Council Room. Mayor Soderberg: Work is being done regarding the new City Administrator. A verbal briefing will be received on Thursday and the information forwarded to Council. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:13 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?t'~/r7u~ (. Cynthia Muller Executive Assistant