Loading...
HomeMy WebLinkAbout04.21.08 Council Minutes 7a- COUNCIL MINUTES PRE-MEETING April 21, 2008 1. CALL TO ORDER The meeting was called to order by Acting Mayor Pritzlaff at 6:30 p.m. Members Present: Members Absent: Also Present: Pritzlaff, Fogarty, McKnight, Wilson Soderberg Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Jim Constantineau, Police Officer; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant 2. APPROVE A GENDA MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked about the Historic Property Tax credit. Administrative Services Director Shadick explained that last year it made it to the Omnibus bill, but the Governor vetoed it. Currently, properties can get a federal tax credit if it is used for commercial purposes. A homeowner cannot use this credit for residential purposes. Councilmember McKnight noted in the investments the City went from $22.9 million to $16.4 million and asked if money was spent on something out of the ordinary during the first three months. Finance Director Roland replied nothing was out of the ordinary, bond payments amounting to $3 million were made on February 1,2008. Councilmember Wilson asked about selling a refuse truck. Municipal Services Director Reiten stated there is an extra truck due to slow growth. A minimum resale value would be $50,000. Councilmember Wilson asked about the school and conference for the Police Department due to the budget and was assured the conference is necessary. Councilmember Wilson noted on the audio visual bid award, he stated normally there would be a projected budget amount to know whether bids came in over or under budget. Finance Director Roland replied currently technology is rolled into one number and that is $180,000. There are a variety of other technology items included in this budget. Councilmember Wilson had requested to add a National Day of Prayer Proclamation for an event on May 1, 2008, at Rambling River Park. Council decided to not add this to the agenda due to separation of Church and State. Council Minutes (Pre-Meeting) April 21, 2008 Page 2 Acting Mayor Pritzlaff asked if the fuel surcharge is more for a tri-plex than a single- family for recycling. Finance Director Roland stated it is not listed as a separate item on the bill and is included in the garbage charge. The charge for a tri-plex is three times the amount for a single unit. Acting Mayor Pritzlaff asked about the payment to MT A Sandblasting. Finance Director Roland stated the garbage trucks have to be sandblasted and then painted. Municipal Services Director Reiten stated this was for a rolloff container. Acting Mayor Pritzlaff asked about the payment to the City of Rosemount for patrol services. Staff will check on the purpose of the payment. Acting Mayor Pritzlaff stated regarding the Fairhill Development, he was uncomfortable to still see the Newland name on the documents. City Attorney Jamnik stated there has not been an official change at this point; the applicant is still Newland and the owner has consented. 5. STAFF COMMENTS City Administrator Herlofsky distributed some articles from various newspapers on Fannington. He noted on the Consent Agenda, there is an outline of the budget. Licenses and permits are not at the number staff would like. At the first meeting in May, staff will be making a recommendation to Council regarding 2008, and some recommendations will affect 2009. At the May workshop, 15 minutes will be set aside for Council to give their recommendations for the 2009 budget. Assistant Planner Wippler stated on April 16, 2008 the Administrative Law Judge approved the Orderly annexation Agreement with Empire Township. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:49 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~P7~~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR April 21, 2008 1. CALL TO ORDER The meeting was called to order by Acting Mayor Pritzlaff at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Acting Mayor Pritzlaff led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Pritzlaff, Fogarty, McKnight, Wilson Soderberg Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Jim Constantineau, Police Officer; Lisa Shadick, Administrative Services Director; Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant Daren Laberee, Peter Gualtieri, Peter Coyle, Shelly White, Brian Johnson 4. APPROVE AGENDA 13a) Hydrant Flushing was moved to Sa). MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Hydrant Flushing - Municipal Services Municipal Services Director Reiten presented a map showing the areas where hydrant flushing will take place and the dates. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (4/7/08 Regular) (4/14/08 Special) b) Received Information Quarterly Building Permit Report - Building Inspections c) Acknowledged Resignation Fire Department - Human Resources Acting Mayor Pritzlaffthanked Christopher Benjamin for his service. d) Adopted RESOLUTION R25-08 Approving Gambling Premises Permit - Administration e) Authorized Advertisement for Sale of City Property - Municipal Services Council Minutes (Regular) April 21, 2008 Page 2 f) Authorized Fuel Surcharge for Recycling - Municipal Services g) Received Information School and Conference - Police Department h) Approved Joint Powers Agreement with Dakota County for Household Hazardous Waste - Municipal Services Acting Mayor Pritzlaff noted this event will be held on May 31, 2008, at the Central Maintenance Facility. i) Received Information School and Conference - Administration j) Repealed R93-06 Creating an Economic Growth Committee - Economic Development k) Approved Revised Security Agreement ISD 192 - Police Department 1) Adopted RESOLUTION R26-08 Accepting Donation Rambling River Center- Parks and Recreation Acting Mayor Pritzlaffthanked Empire Township, Castle Rock Township, Phyllis Kirchner, Cellular Recycler for their donations. m) Received Information AudioNisual Bid Clarification - Administration n) Approved Support for Historic Property Tax Credit Legislation - Administration 0) Received Information March Financial Report - Finance p) Received Information Quarterly Investment Report - Finance q) Approved Bills r) Authorized Advertisement for Bids CCTV System - Police Department APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Amend Ordinance - 2008 Fee Schedule - Engineering The amendment is to replace the charge for the Pre-Plat Surety with a Pre- Development Contract Surety based on the number of lots, units, or square footage for different types of proposed developments. MOTION by Fogarty, second by McKnight to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Wilson to approve the amendment to the Charges and Fees ordinance. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Audio Visual Equipment New City Hall-Administration Bids were received for the audio visual equipment for the Council Chambers for the new City Hall. The low bidder was Alpha Video & Audio, Inc. in the amount of$103,309.53. MOTION by Wilson, second by McKnight to adopt RESOLUTION R27-08 accepting the bid and awarding the contract for audio visual equipment, installation and services to Alpha Video and Audio, Inc. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Preliminary Plat, Comprehensive Plan Amendment, Schematic PUD Fairhill Development - Planning The comprehensive plan amendment is due to the housing market conditions. The largest change is in the low density residential which covers 500 acres of the 960 acres in the site. The schematic PUD shows a 42-acre community park, the Council Minutes (Regular) April 21, 2008 Page 3 looped road has been changed to a north-south spine road, a more traditional subdivision with cul-de-sacs and many local roads. The housing in the southwest comer has been changed as requested by the Planning Commission. The first preliminary plat will contain 241 lots as well as numerous outlots. The 42-acre park and the area for Diamond Path Road will be shown as separate outlots. The width ofthe lots vary from 45 ft. to 75 ft. wide. The contingencies are as follows: 1. Provide an outlot for the community park area located in the southwest comer ofthe Fairhill development. 2. Provide an outlot for the portion of the Diamond Path Road that extends north from 195th Street through the community park to the southerly intersection of 189th Street. Councilmember McKnight was uncomfortable with the change due to the market, but can live with it. He asked what the ramifications are if this is approved tonight and the PUD Agreement does not get approved as is in a month. City Attorney Jamnik explained it will not be approved as is. He anticipates amendments. The project would still need to go to final plat and at that time, if there is not an approved PUD Agreement, there would still be a standard Development Contract where certain infrastructure improvements will be required and sureties will be provided. If the PUD was dropped, the development would proceed under normal development procedures. The PUD Agreement will be brought to the May 5, 2008, Council meeting. Councilmember Fogarty was also concerned with the change in housing type, but understood the market changed. She appreciated everyone's hard work on this. Acting Mayor Pritzlaff agreed the market has changed, but had the same concerns. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R28-08 amending the 2020 Comprehensive Plan for the Fairhill property located on the west side ofTH3 in northeast Farmington, and adopt RESOLUTION R29-08 approving the preliminary plat Fairhill phase 1. APIF, MOTION CARRIED. b) Adopt Resolution - Development Contract Twin Ponds - Engineering The final plat for Twin Ponds 2nd Addition was approved by the Planning Commission on November 14,2006, and by the City Council on January 16, 2007. The main condition for approval of the Development Contract is that the developer provide a temporary ingress and egress easement across the Tollefson development. This is to provide temporary access to TH3 until a formal backage road can be constructed that would line up with Centennial. Councilmember McKnight noted part of the temporary access to TH3 goes right by the convenience store and the gas pumps. The convenience store is open again, so he asked if there was any concern with increased traffic so close to the gas pumps. City Engineer Schorzman replied based on the layout of the Council Minutes (Regular) April 21, 2008 Page 4 temporary access road, he would expect traffic in that area would be going to the convenience store. There is another break at TH3, so traffic could go left or right rather than past the convenience store. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R30-08 approving the execution of the Twin Ponds 2nd Addition Development Contract and authorize its signing contingent upon the above conditions and final approval by the Engineering division. APIF, MOTION CARRIED. c) Ice Arena Report - Parks and Recreation Parks and Recreation Director Distad presented a report for the 2006-2007 and 2007-2008 ice season. There was an increase of 48 hours in the hours rented this season. As a result of the increase in hours and the increased fee, the revenues increased by $32,000. The rate increased from $150 to $170/hour. The personnel costs went down due to reallocating staff time. Electrical usage decreased, but gas usage increased. The ice arena is close to breaking even this season. d) 2007 Annual Report - Parks and Recreation Parks and Recreation Director Distad presented the 2007 Parks and Recreation Annual Report. He highlighted park improvements, recreation programs, facilities, personnel, awards received for the Green Team and Depot Way Arts Park. He noted he is very proud of the Parks and Recreation staff for their dedication and hard work. 11. UNFINISHED BUSINESS a) Approve Tobacco Free Parks Policy - Parks and Recreation At the January 7,2008, Council Meeting, students from the Tiger Leadership Club proposed a tobacco free parks policy. The Parks and Recreation Commission has discussed this policy and the policy would prohibit the use of tobacco products in parks with the exception of an area within 150 ft. of the adult softball fields at Feely Fields. It would also allow tobacco to be used in parking lots. Councilmember Wilson noted there would be some budget impact for installing signs and maintaining them. Councilmember McKnight asked how much debate was held at the Parks and Recreation Commission meeting. Parks and Recreation Director Distad said there was some disagreement about wanting the entire park to be tobacco free and some were more flexible with allowing use around adult softball fields and the parking lot. Councilmember McKnight noted this came to Council from the Tiger Leadership Club who are the current and future users of our park facilities. We asked the commission to come up with something and bring a recommendation. As tobacco use is allowed around the adult softball fields, this will not drive teams to other cities, so he liked the compromise and respected the differing opinions. Council Minutes (Regular) April 21, 2008 Page 5 Councilmember Fogarty stated she was not a big supporter of this policy. She agrees people should not smoke in parks, but whether that should be public policy is a different conversation. She does not think that something that is legal in the state should be banned in the outdoors. Councilmember Wilson stated sometimes government can delve into realms which do not have a government role. In the ordinance, it recognizes tobacco is illegal for those under 18 years of age. On school property, tobacco use is banned. One comment in the policy he disagrees with is that adult role models who use tobacco products project to children that the use of tobacco is an acceptable life style. This is a true comment, but is that the role of government as opposed to the role of the parent. He feels adults are not running to the parks to smoke as they can freely smoke on their own property. Acting Mayor Pritzlaffthanked the Tiger Leadership Club for bringing this to Council, but felt the policy goes too far and is beyond smoking. If parents smoke at home, kids will see that. It is up to the parents to teach them. The policy failed for lack of a motion. 12. NEW BUSINESS a) Farmington Wellhead Protection Plan - Engineering The Wellhead Protection Plan has two parts. The first is the delineation of the wellhead protection area. This was approved by the Department of Health in 2004. The second part looks at vulnerable areas and what is in them that could contaminate the water source. The main point is to identify where our water comes from, how easily the water could be contaminated, and by what means that contamination could occur. The water in the City flows to our wells from the southwest towards the northeast. b) Accept Feasibility Report and Approve Joint Powers Agreement TH3 Roundabout-Engineering The feasibility report addresses the construction of a roundabout at TH3 and 19Sth Street. MnDOT has approved a single-lane roundabout to optimize both safety and mobility. The proposed improvements include the construction of a roundabout as well as approaches from all four directions, lighting, landscaping and storm drainage. The cost ofthe project is $2.2 million. Funding will be provided by several project partners including Empire Township, Dakota County, MnDOT, and developers. A more detailed description of project funding will be provided at the May 19,2008, Council meeting. Councilmember McKnight asked what if 190th Street does not happen to the west, is this still an effective traffic control device. City Engineer Schorzman stated it depends on what happens in Empire Township. Whether there is aT-intersection or a four-way intersection, this would be beneficial. Councilmember McKnight Council Minutes (Regular) April 21, 2008 Page 6 asked what if there were no intersections to the east or west and a roundabout was put in on the current TH3. Staff replied it would not be beneficial. Councilmember Fogarty asked if this was an average cost for a roundabout. City Engineer Schorzman stated this is a typical price for a roundabout constructed on a state highway. Acting Mayor Pritzlaff asked if the roundabout can be expanded if TH3 were made into four lanes. Staff replied it could be expanded. If the project was delayed a year, Acting Mayor Pritzlaffasked if the funding sources would still be available. City Engineer Schorzman stated the funding from MnDOT, $550,000, is required to be spent in this fiscal year. If Council does not approve the project at the first meeting in July, the funding would disappear. Originally this project was not funded under the cooperative agreement funding. Another community dropped out, so Farmington stepped up and we were able to get the funding. He was unsure if Dakota County would be willing to participate next year. City Administrator Herlofsky noted Empire is having some commercial development taking place this year. If the highway were shut down next year, they may be less willing to contribute next year. The Joint Powers Agreement gives the details of the maintenance responsibilities the City and Empire Township will have for the east and west legs of the roundabout. Empire will take care of the east leg, and Farmington will take care of the west leg until Dakota County makes this a county road at which time it would be their responsibility. Empire Township will contribute $380,000 to the project cost and the maintenance responsibilities show the City and the township sharing equally in the cost of lighting, landscaping maintenance and watering for the landscape material. MOTION by Wilson, second by Fogarty to adopt RESOLUTION R31-08 accepting the feasibility report, approving the agreement with Empire Township and authorizing the execution ofthe Joint Powers Agreement for the TH3 and future CR64 project. APIF, MOTION CARRIED. c) YMCA Appointment - Administration The YMCA has requested a community leader be appointed to the YMCA Board of Directors. MOTION by Pritzlaff, second by McKnight to appoint Councilmember Wilson as the City's designee to the YMCA Board of Directors. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Fogarty: On April 27, 2008, from 8:30 - 12:30 there is a benefit breakfast for funding for organizations supported by the American Legion. Councilmember Wilson: On May 1,2008 there will be a National Day of Prayer event at 7:00 p.m. at Rambling River Park. May 3, 2008 will be Park and Pond Clean-up day which he will be attending with the Cub Scouts. Council Minutes (Regular) April 21, 2008 Page 7 Parks and Recreation Director Distad: Hill Dee Park. On April 25, 2008 there will be an Arbor Day celebration at Acting Mayor Pritzlaf/: Last Friday, he and City Administrator Herlofsky attended the Mayor/Managers meeting where a discussion was held regarding the watershed program. Last Wednesday, he and Councilmember McKnight attended the groundbreaking for Allina Medical Center. The new center should be completed in October 2008. Earth Day is April 22, 2008. He will be attending the Arbor Day event on April 25, 2008. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:27 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~)n~ Cynthia Muller Executive Assistant