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HomeMy WebLinkAbout01.03.05 Council Minutes COUNCIL MINUTES REGULAR January 3,2005 City Administrator Urbia opened the meeting and introduced Judge Macklin to perform the swearing-in ceremony. Judge Macklin swore-in Kevan Soderberg as Mayor, David McKnight and David Pritzlaff as Councilmembers. 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:05 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 (at 7:10 p.m.) None Joel Jamnik, City Attorney; David Urbia, City Administrator; Robin Roland, 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 Todd Arey, Fred Last, Steve Wilson, Randy Oswald, Jeff Tilden, Kevin McKnight, Julie McKnight, Ann Manthey, Michael Burns, Matthew Berge, Nick Albano, James Steurbaut, Shari McKnight, Kim Lomas 4. APPROVE AGENDA Councilmember Fogarty moved item 12a) Declare Council Vacancy and How to Fill to the beginning ofthe agenda. City Administrator Urbia added item 13a) Chamber of Commerce Coffee with the Council to the agenda. MOTION by Fogarty, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 12a) Declare Council Vacancy and How to Fill- Council As Councilmember Soderberg was elected Mayor, his Council seat became vacant. Mayor Soderberg noted the seat could be filled through an election, but that is not a viable option. The other option is to appoint someone to fill the seat. MOTION by Fogarty, second by Pritzlaffto declare a vacancy and to appoint the third highest vote getter in the last election, Mr. Steve Wilson. APIF, MOTION CARRIED. Judge Macklin swore-in Steve Wilson as Councilmember. Council Minutes (Regular) January 3, 2005 Page 2 5. ANNOUNCEMENTS a) Introduce New Employee - Liquor Operations Ms. Kim Lomas was introduced as a new full time Liquor Store employee. b) Introduce New Employee - Administration Ms. Joy Rowan was introduced as a new Administrative Services Technician. Councilmembers McKnight, Pritzlaff and Wilson thanked their families and friends for their support. 6. CITIZEN COMMENTS Mr. Jeff Tilden, 5314 203rd Street W, welcomed the new Councilmembers. He stated he has been at previous meetings and his goal is to get a stop sign on 203rd Street or some type of traffic calming. He has pledged his support with Police Chief Siebenaler to try to change the speed limit. He asked Council to take an interest in the speeding on 203rd Street W. He wanted to keep this issue on top. It is not only on this street, but also others. He will keep coming until something is done. He would like to receive the data collected from a previous speed study. Mr. Jim Steurbaut, 3422 225th Street W, he had some concerns about the Ash Street project and the de-watering. He would like more information on which residences and businesses were affected and what is being done by the City to re-instate the water service. There are some shallow wells. He was not notified to expect any problems, but during December he has seen his water supply depleting until December 21 they were out of water. City Engineer Mann called him twice Christmas Eve to express his concerns. There was not a lot anyone could do. He spoke with Assistant City Engineer Gross and he could not provide any relief for them. He noticed Castle Rock Bank is hooked up to the hydrant, but his house is 950 ft. from the closest hydrant and with the cold weather it would be impossible to secure a water supply. Assistant City Engineer Gross told him to do what he had to to take care of things. The water level has dropped at least 1.5 ft. from the bottom of the pickup line and it should be 1 ft. above that. He is having a new well dug today. He asked if the City would be paying for any new wells that needed to be dug and should the bill be submitted to the City. He did file a claim with the City. He wanted more information on who was affected and what the plan is. He understood it is hard to determine who has old shallow wells. He has been out of water for two weeks and it has been difficult over the holidays. When he can his neighbor has allowed him to hook up to their outside water, but with the cold weather it has been hard to maintain it. Finance Director Roland stated Mr. Steurbaut has filed a claim with the City and at this point the League of Minnesota Cities Insurance Trust is pursuing the claim. If Mr. Steurbaut has any questions about what further actions he needs to take, he needs to continue on the path he is on and submit any further information about that claim to the City and staff will forward it to the League. At this point, staff is doing everything they can to handle this issue and it is up to the League to determine any monetary support. Councilmember Soderberg asked City Engineer Mann to forward to Mr. Steurbaut the process for de- watering. Mr. Steurbaut asked if there has been any settlement or determination with any other businesses or residents on this issue. Finance Director Roland replied his claim is the only one at this point. Mr. Steurbaut asked what is happening with Castle Rock Council Minutes (Regular) January 3, 2005 Page 3 Bank. He understood they had some well drilling companies drill down the existing sand points. This was not an option for him. City Engineer Mann will reply to Mr. Steurbaut in writing within the next two weeks and it will be placed on the next Council agenda. 7. CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (12/20/04 Regular) b) Received Information Boards and Commissions Attendance - Administration c) Approved Liquor License Name Transfer - Administration d) Approved Confidentiality Agreement with Charter Communications - Administration e) Approved Fund Raising Project for Rambling River Center - Parks and Recreation f) Received Information Capital Outlay - Parks g) Approved Appointment Recommendation Police - Human Resources h) Approved LMCIT Excess Liability Coverage - Finance i) Set March 11 & 12,2005 Team Building/Goal Setting Workshop - Administration j) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve On-Sale Wine License - Administration The Ugly Mug has applied for an On-Sale Wine License and an On-Sale Intoxicating Malt Liquor License. The application and fees have been received. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Pritzlaffto approve an On-Sale Wine License and On-Sale Intoxicating Malt Liquor License for The Ugly Mug. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Discuss Composition of Boards and Commissions - Administration At the December 6, 2004 Council Meeting, Council directed staff to review the composition of the boards and commissions. Staff presented a list of the various commissions and the number of members in each. Interviews for boards and commissions will be held on January 15,2005. No applications have been received for the Heritage Preservation Commission or the Rambling River Center Advisory Board. Staff recommended changing the composition of these boards from 7 members to 5 members. Historically, it has been difficult to fill the seats on these two boards. Councilmember Fogarty stated it seemed odd to her that there were a different number of members on each board and felt they should be consistent. She agreed the above two boards could be 5-memberboards. She asked if there was any reason the HPC had to be 7 members. Staff had reviewed this issue and there was no reason. Councilmember Fogarty suggested the HRA not change the number of Council Minutes (Regular) January 3, 2005 Page 4 members, but change one of the seats to a Councilmember seat, so there would be two Councilmembers on the HRA. Both the Water Board and the HRA are autonomous boards. The Council appoints members, but then Council loses touch with them, especially the Water Board. She felt the Water Board should be 5 members with two of them being Councilmembers. The two autonomous boards should have two separate Councilmembers. Councilmember McKnight asked how long the problem has been with the HPC and the RRC to not have enough members. Administrative Services Director Shadick replied it has been ongoing. If all the HPC seats were not filled last year during interviews, her thought was to change the number of seats at that time. However, all 7 seats were filled, but 7 members were not maintained throughout the year. This year no applications were received for the HPC and there are three open seats. Councilmember McKnight agreed with Councilmember Fogarty's recommendation, especially regarding the two autonomous boards. Councilmember Wilson asked if there was a reason the Water Board has been 3 members. City Attorney Jamnik replied historically state statute provided for some of the commissions such as the Water Board and separate Park Commissions, that are autonomous, to have three members with the idea they were highly focused, one-issue commissions. As time has evolved many cities have transitioned to five. He will review the statutes regarding the number of members for the Water Board as that number is set by the state. The rest of the commissions are primarily advisory. Both the HRA and the Water Board have statutory provisions governing their composition. Councilmember Fogarty asked about changing the composition ofthe HRA. City Attorney Jamnik replied there is more discretion with the Economic Development Authority format than the HRA format. He will research this further. If Council's direction is to have ~ members across the board where possible, he will draft the ordinance for the next meeting. Where that is not possible, he will indicate that in the cover memo. Councilmember Wilson agreed with Councilmember Fogarty. He asked if there were 5 members on the HRA and there were two Councilmembers as opposed to one, would that make it a 6-member board. City Attorney Jamnik replied he would recommend 5 members to avoid having an even number of members. Councilmember Soderberg recalled in the past the HRA was three citizens and two Councilmembers. Councilmember Pritzlaff asked ifthere were enough applicants to make all the boards 5 members. Staff replied there are 12 applicants, 6 are incumbents. Most have applied for the Planning Commission and the Parks and Recreation Commission. The two incumbents for the HRA have re-applied. Councilmember Pritzlaff agreed with moving the number of members to 5, but he wanted to make sure there are enough applicants to do that. Staff stated during the interview process Council asks if applicants are willing to serve on a different board and quite often they will. Councilmember Fogarty noted the interviews are January 15 and appointments are to be made January 18. She asked if Council should postpone appointing until Council Minutes (Regular) January 3, 2005 Page 5 the composition ofthe boards is decided or appoint as is. City Attorney Jamnik replied Council does not have to reach that decision tonight. Both items should be on the agenda. The ordinance would be processed first and then approve appointments. Community Development Director Carroll stated the HRA has been exploring its status and whether the HRA is performing the functions the City needs. There was discussion to do more economic development and marketing type work. The HRA has looked at other formats such as an Economic Development Authority, an Economic Development Commission that is separate from and reports to the Council, or a Port Authority. The City Attorney will be attending the next HRA meeting to give background information as to options. The HRA is working toward making a recommendation to Council as a group as to what format would meet the City's needs. The HRA might like an opportunity to explore that to the point where they can make a recommendation to Council. If there is a recommendation that the HRA be undone and some other organization be created to take its place, the issue of membership could be addressed at that time. If Council wishes to change the format, they can. b) Annual Organization Matters - Administration MOTION by Fogarty, second by Pritzlaff as follows: 10b(1) That Councilmember Fogarty be designated as Acting Mayor from January 4,2005 through December 31,2005. 10b(2) That the Farmington Independent be designated as the official publication from January 4, 2005 through December 31, 2005. 10b(3) Appoint the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 4, 2005 through December 31, 2005. 10b(4) Appoint the firm of Bonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of 2005. 10b(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, 2005 through December 31, 2005. 10b(6) That all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2005. 10b(7) Approve a $1,000,000 Faithful Performance bond for the City Clerk. APIF, MOTION CARRIED. Council Minutes (Regular) January 3,2005 Page 6 10b(8). ORDINANCE NO. 004-522 Establishing Fees and Charges for licenses and permits for 2005 was adopted December 20, 2004. 10b(9). Appointments to Boards and Commissions - Candidates will be interviewed January 15, 2005 and appointments will be made at the January 18, 2005 Council Meeting. 10b(10). MOTION by Wilson, second by McKnight appointing Councilmember Fogarty to the Housing and Redevelopment Authority. Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. 10b(1l). MOTION by Pritzlaff, second by Fogarty, to appoint Councilmember Wilson as the primary and Councilmember McKnight as the alternate representative to theALF Ambulance Board. Voting for: Soderberg, Fogarty, Pritzlaff. Abstain: McKnight, Wilson. MOTION CARRIED. 10b(12). MOTION by Fogarty, second by McKnight to appoint Mayor Soderberg as the City's representative to the CEEF Committee. Voting for: Fogarty, McKnight, Priztlaff, Wilson. Abstain: Soderberg. MOTION CARRIED. 10b(13). MOTION by Pritzlaff, second by Wilson acknowledging the designation of Fogarty, Councilmember, Kevin Carroll, Staff member and Todd Larson, Planning Commission member on the Farmington/Empire Planning Advisory Committee. Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. 10b(14). MOTION by Soderberg, second by Pritzlaff to appoint Councilmembers Fogarty and Pritzlaff to the MUSA Review Committee. Voting for: Soderberg, McKnight, Wilson. Abstain: Fogarty, Pritzlaff. MOTION CARRIED. 10b(15). MOTION by Fogarty, second by Wilson to appoint Councilmember McKnight to the Farmington/Castle Rock Discussion Group. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. MOTION CARRIED. 10b(16). MOTION by Pritzlaff, second by Fogarty to appoint Councilmember Wilson to the Vermillion River Joint Powers Organization. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Abstain: Wilson. MOTION CARRIED. 10b(17). MOTION by Fogarty, second by McKnight appointing David M. Urbia as the Responsible Authority for data practices, and Brenda Wendlandt as Data Practices Act Compliance Official. APIF, MOTION CARRIED. Council Minutes (Regular) January 3, 2005 Page 7 c) Discuss Council By-laws and Policy Revisions - Administration Mayor Soderberg and City Administrator Urbia reviewed the By-laws and recommended some changes to reflect actual practice. City Attorney Jamnik recommended if Councilmembers have any changes, they should be given to Administration in advance of the January 18 Council meeting so an outline can be prepared of what those topics are. Councilmember Pritzlaff liked the change for public hearings that residents should address questions to Council rather than staff. He asked if residents have a question during Citizen Comments that would require a short answer can they be given an answer at that time. Mayor Soderberg suggested that change because this is a policy regarding public hearings. The Citizen Comment policy is that residents address Council and Council will direct questions to staff. He made this change for public hearings to make it consistent. MOTION by Fogarty, second by Pritzlaffto place the Council By-laws on the January 18, 2005 agenda. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Spruce Street Bridge Aesthetic Options- Engineering Input has been received from various groups regarding the aesthetic options for the Spruce Street bridge. At the last meeting it was indicated there was a preference for the three arches, rather than one arch. The cost for the aesthetic treatments is approximately $120,000. The budget was $132,000. Staff requested Council direction regarding the aesthetic treatments such as the color of the stone, and whether the stone treatment is included on the piers or the piers have a smooth treatment. There is also a rock treatment. Council each expressed their choice and reached a consensus for option B5, which has the darker color and smooth piers. b) Set Council Workshop Wetland Buffers - Engineering The wetland buffer issue in Middle Creek was discussed at the last meeting. Residents have expressed concern over the amount of their lot that was taken up by wetland buffer. Staff has met with agencies to obtain options. The options could raise some questions that may need further discussion. Staff proposed a workshop to address this issue. A workshop was set for January 19,2005 at 5:30 p.m. Interested parties will be notified. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Chamber of Commerce Coffee with the Council- Administration The Chamber would like to continue with Coffee with the Council. City Administrator Urbia provided a schedule of rotating Councilmembers for the third Thursday of each month at 7:30 a.m. at the Eagles Club. Council requested City Administrator Urbia provide them with a reminder prior to each meeting. Council Minutes (Regular) January 3, 2005 Page 8 Councilmember Fogarty: She suggested having pre-Council Meetings that would be an open meeting, but not televised. This could include citizen comments and would provide a more casual environment. This would also give staff an opportunity to update Council on items that do not need to be brought up at a Council meeting. City Attorney Jamnik replied some cities are doing this as a mini-workshop and proceed until a certain time when Council would go to the regular meeting agenda. There would be no formal action taken. Councilmember Fogarty suggested this would be preceding each Council meeting and would cover items other than what is on the agenda. City Attorney J amnik stated this would be a by-law change and the annual meeting schedule should be modified to indicate the meeting starting at 6:30 p.m. rather than 7:00 p.m. so a special notice would not be needed. Staff can bring back a proposal with what that meeting would consist of such as Council/staff discussion, modified roundtable, or mini- workshop. This could start with the first meeting in February. Councilmember Pritzlaff: He received a phone call from a resident in downtown Farmington concerned with the ice from the storm. He drove down 2nd _6th Streets and did notice it. Ash Street was clean. He spoke with City Engineer Mann who provided him with the snow plowing policy. Staff was out and did apply a salt mixture. Today, the intersections are melting. One reason they did not plow was taking the top layer off would have exposed the ice. Councilmember Wilson: He noted under the Consent Agenda was the attendance for boards and commissions. Those on the commissions give time away from their families and their work. These are ways residents serve the citizens of Farmington to make a difference. He noted those with perfect attendance - HPC - Beverly Preece and Edgar Samuelson; HRA - Mayor Soderberg, Todd Arey, Paul Hardt, and Erik Starkman; Park and Rec Commission - Randy Oswald; Planning Commission - Dirk Rotty; Water Board - Tom Jensen; Rambling River Center Advisory Board - Beverly Preece. Everyone who serves on a commission is doing this out of wanting to make Farmington a better place and this is commendable. He noted Mr. Jeff Tilden is his neighbor. When he started his campaign he would not have guessed that for every Jeff Tilden that comes to a meeting to express concerns over speeding, there are 40-50 residents that have the same concern. He would like to see Council schedule time to meet with Senator Pariseau and Representative Garofalo to address law changes in this area, along with any other issues. Putting up a speed limit sign will not deter those who want to speed. However, he felt the City should have more control over this issue. Mayor Soderberg suggested having them visit at the first pre- Council Meeting. Staffwill contact them. Community Development Director Carroll: He informed Councilmember Fogarty that HRA packets are distributed electronically and hand delivered. He informed Councilmember McKnight that there is a Castle Rock Discussion Group meeting on January 14, at 3:00 p.m. at City Hall. He provided an update to the GRE powerline issue. Staff is preparing a mailing list for those that would be affected by this route. The Administrative Law Judge recommended a route going around the athletic fields by the Middle School, cross the river, and go just north of EconoFoods and south ofPellicci Hardware, cross the railroad Council Minutes (Regular) January 3, 2005 Page 9 tracks, cut through the Eagles Club parking lot, and proceed northeast along the old railroad right-of way, which would bring it to the north property line of Dakota County Lumber. Staffwill be sending a notice in the next couple days to those that would be affected by this route. There will be two meetings at the EQB office in St. Paul. The first is January 11,2005 at 9:00 a.m. EQB staffmembers will be giving a report as to what they think is the technical feasibility of this route. Staff is hoping some residents who will be affected by this route will appear. The next meeting will be January 20,2005 at 9:00 a.m. The EQB will be making its final decision at this meeting. Police Chief Siebenaler: On behalf of staff he congratulated the new Councilmembers on their appointments and staff looks forward to working with them. Parks and Recreation Director Distad: On January 13, 2005 there will be the second open house for the Park Master Plan. The parks to be reviewed are Middle Creek park, Vermillion Grove park, Silver Springs park, and Hill Dee park. A packet will be sent to Council and residents that will include the first draft of the Master Plan. Council should contact him with any comments. The open house will be held at the Central Maintenance Facility at 6:00 p.m. Mayor Soderberg: There will be an LMC Newly Elected Officials Conference and he encouraged the new Councilmembers to attend. Under the Consent Agenda he noted a 4-H group is doing a fund-raising project for the Rambling River Center. He expressed his appreciation for this. Parks and Recreation Director Distad stated the group will be making a presentation to Council with their marketing plan and how they will raise the funds. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:41 p.m. APIF, MOTION CARRIED. Respectfully submitted,s ~Md~ Cynthia Muller Executive Assistant