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HomeMy WebLinkAbout05.05.08 Council Minutes 7Q... COUNCIL MINUTES PRE-MEETING May 5, 2008 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; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Ken Lewis, Building Official; Cynthia Muller, Executive Assistant 2. APPRO VE A GENDA MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty had a concern with the ordinance amendment for park regulations. She asked if a specific park could be designated for practicing golf or designate a specific place in the City. City Administrator Herlofsky noted the issue is people getting hit with golfballs. Parks and Recreation Director Distad noted there are two golf courses less than a mile from the City. Staff has received calls that golf balls have come close to hitting kids in backyards. The ordinance would be enforced on a complaint basis. Councilmember McKnight commented on summer hours stating he will support them as long as there is flexibility for those with issues or those who do not want to do longer days. Human Resources Director Wendlandt stated a survey was sent out with 46 responses and 7 had issues with summer hours. Most had issues with the 5:30 time and a couple had issues with the 7:30 start time. Those have been addressed. Councilmember Wilson noted the normal hours at City Hall are 8:00 - 4:30. Ifhe worked at City Hall he may want to work 8 hour days and take time off on Fridays. If City Hall closes at noon on Fridays, that is not an option. Human Resources Director Wendlandt noted there are a couple employees who work night meetings and earn enough hours to cover that afternoon. Councilmember Wilson noted we are a City of 21,000. Even though we may not have the building permit traffic, the average resident Council Minutes (Pre-Meeting) May 5, 2008 Page 2 would expect us to be here. If someone would want to take a half day off, they would plan for that with their vacation time. He was not supportive of summer hours. Councilmember Wilson commented on the ordinance amendment for park regulations. There have been various complaints where residents feel codes are not enforced properly. If golf balls go into someone's backyard, what can we do? Is there any enforcement attached to the ordinance? Is there a penalty? City Administrator Herlofsky stated if children are playing in the backyard and golf balls are coming close by, a parent would be concerned. If they see the person, they would call the police department, and they will come out and tell the person to leave. Parks and Recreation Director Distad stated he has received six calls this spring. Residents do not feel safe in the parks with golf balls. City Administrator Herlofsky stated if done properly, it will eliminate hassles. If the police are called and there is no ordinance, what can the police do? With the ordinance, it can be a misdemeanor. Regarding the ordinance amendment for park regulations, Councilmember Pritzlaff asked how many times people will be warned? Can it be posted on the website? Ifthere is a problem, we need to stop it. Parks and Recreation Director Distad stated it can be posted to the website and signs could be placed in the parks. Councilmember Pritzlaff asked if a fine could be generated. City Attorney Jamnik stated it could be structured that way, but it is easier to integrate it into an ordinance. There could be an administrative fine. It was decided to pull this item from the Consent Agenda for discussion. Councilmember Pritzlaff asked about the card reader quote and the audio visual contract for the new City Hall. He asked why we are doing all these extra items and not the contractor and how much time are we spending getting all these bids. Human Resources Director Wendlandt explained as far as the card reader system, this is enhancing the system we currently have in other buildings and extending it to City Hall. Doing it ourselves is more cost effective. City Administrator Herlofsky stated if it is part of the project, the architect gets a percentage. It is easier for us to manage. Human Resources Director Wendlandt noted the contractor made sure the doors are ready for the card readers. Councilmember Pritzlaff stated as far as summer hours, he would like to know what surrounding communities do. He was not in favor of summer hours. If there are one or two people who cannot do summer hours, it would not be safe for them to work alone if they have to work five days. Mayor Soderberg pulled the adoption of the building code chapter 1306 from the Consent Agenda for discussion. 5. STAFF COMMENTS City Attorney Jamnik noted there should be a change in the action requested for the Schmitz litigation. The recommendation should read an amount not to exceed $72,500. The City has asked LMCIT to review the allocation between LMCIT and the City. They Council Minutes (Pre-Meeting) May 5, 2008 Page 3 have agreed to the review and there is a tentative agreement for are-apportionment. There may also be further revisions, but the amount will not be $72,500. City Administrator Herlofsky noted the Yellow Ribbon event has been changed to May 28, 2008. The new City Hall will be turned over to the City on July 14, 2008, with some punch list items. Between July 14 and August 1, we will be installing card readers and furniture. City Hall will close August 1, and the new City Hall will open August 4, 2008. At the last EDA meeting, it was mentioned to have a discussion regarding the old City Hall at the July workshop. City Administrator Herlofsky suggested switching it to the August workshop to hold it in the new City Hall. City Administrator Herlofsky provided Council with evaluation forms for his performance review. Council will complete the forms and return them to City Attorney Jamnik by the May 19 Council meeting. City Attorney Jamnik will provide a summary at the June 2 Council meeting. There was an article in a newspaper regarding the liquor store having a deficit in 2006. City Administrator Herlofsky noted there were 44 other cities in the state who had similar Issues. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:52 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~P7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR May 5, 2008 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: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Ken Lewis, Building Official; Cynthia Muller, Executive Assistant 4. APPRO VE A GENDA Councilmember Wilson pulled item 7e) Summer Hours for separate vote and discussion. Councilmember Pritzlaff pulled item 7b) Amend Park Regulations Ordinance for discussion. City Administrator Herlofsky added item 7k) Approve Temporary On-Sale Liquor License. Mayor Soderberg pulled item 7h) Re-Adopt Building Code Chapter 1306 for discussion and separate vote, and 7a) Council Minutes to abstain. MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Historic Preservation Month - Administration MOTION by Pritzlaff, second by Wilson to proclaim May 2008 as National Historic Preservation Month. APIF, MOTION CARRIED. b) Heritage Preservation Award - Administration Mr. John Franceschelli, member of the Heritage Preservation Commission, presented the Heritage Preservation A ward to Progress Land Company for the property located at 18556 Pilot Knob Road, known as Prairie Centre. Mr. John Steinbrook, Manager of the Prairie Centre property received the award. He noted Mr. Warren Israelson, owner of Progress Land Company, preserved that property from the beginning of the development. Mr. Franceschelli noted the HPC also has a display in the library noting the past 14 Heritage Preservation Award WInners. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows: Council Minutes (Regular) May 5, 2008 Page 2 c) Received Information Card Reader Quote - Human Resources d) Acknowledged Retirement Municipal Services - Human Resources f) Approved Settlement Schmitz Litigation - Finance g) Approved Audio Visual Contract - Administration i) Approved Capital Outlay - Parks and Recreation j) Approved Bills k) Approved Temporary On-Sale Liquor License - Administration APIF, MOTION CARRIED. a) Approve Council Minutes (4/21/08 Regular) -Administration MOTION by Pritzlaff, second by Fogarty to approve Council Minutes (4/21/08 Regular). Voting for: Fogarty, McKnight, Pritzlaff, Wilson. Abstain: Soderberg. MOTION CARRIED. b) Amend Ordinance - Parks Regulations - Parks and Recreation Councilmember Pritzlaff suggested having an administrative fine, rather than giving out a certain number of warnings. Councilmember Wilson asked if the administrative fine could be added later. City Attorney Jamnik replied yes, it could also be brought in for other misdemeanor type violations listed in the code that would provide an alternate means of enforcement, or this one could be singled out for an administrative fine. Councilmember Wilson asked about the water restrictions fine. City Attorney Jamnik stated they are not in the code, but are listed on a fee schedule established by the Water Board. Councilmember Fogarty felt there would be other ordinances a fine could be attached to rather than this one. If Council wants to consider this one, then dozens of ordinances should be reviewed. The current version gives the Police the authority to stop people. Now, it is not against the law. City Attorney Jamnik noted items a-f in the code are also violations. This would be item g. Councilmember McKnight did not support the ordinance. Councilmember Pritzlaff stated the Water Board does not give warnings, they give a citation when they see it. City Attorney Jamnik stated the Police Department does set an enforcement protocol such as winter towing with a uniform methodology of warnings for a specified period of time. He suggested the Parks and Recreation Commission and Police Department figure out an enforcement strategy. Mayor Soderberg asked if it becomes an administrative fine, does that give the Police the same authority, or would it not be a Police issue. City Attorney Jamnik replied it depends on how it is structured. If Council allows an administrative fine, the Police would have the discretion to issue either an administrative citation or a criminal citation. If the draft was changed to de-criminalize it, so that only an administrative fine could be issued, that could be done. Mayor Soderberg noted these items are brought to government bodies because people do not respect the rights of others. If someone is in the park driving golf balls into neighboring Council Minutes (Regular) May 5, 2008 Page 3 yards, it generates complaints, and the only way to respond is to pass a law to prohibit it. The person who is chipping or putting, does not do any harm. It is the person out there driving golf balls to see how much distance he can get and hooks it into someone's window. Staffhas made a recommendation to make it a part of the ordinance which would make it a misdemeanor, enforceable by the Police Department. He would prefer to leave it like that. MOTION by Pritzlaffto send the ordinance back to staff to add an administrative fine. Motion failed for lack of second. MOTION by Fogarty, second by Soderberg to approve the ordinance as is. Voting for: Fogarty, Soderberg. Voting against: McKnight, Wilson, Pritzlaff. MOTION FAILED. e) Approve Summer Hours -Human Resources Council member Wilson stated he would not support summer hours. If staff wants to exercise their opportunity to use vacation time, that would be the appropriate course of action. Councilmember Pritzlaff stated he has been asked by residents why there are summer hours. In the past, Council was told this was for people who wanted to come in early to pick up building permits, etc. With the current building permit issue, this will not help contractors, etc. It will not be helping the residents. He had concerns with employees with daycare issues, etc. He felt there was some force for people to say yes to doing this rather than looking at the issues. If it is made flexible, do we have someone working by themselves and being put in jeopardy. Councilmember Fogarty asked about the Maintenance Facility. The office hours are 8:00 - 12:00. She did not have a problem with summer hours, as long as management is being flexible and accommodating people who need it. Councilmember McKnight stated he would support it as long as management is being flexible with staff. MOTION by McKnight, second by Fogarty to approve summer hours. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. h) Re-Adopt Building Code Chapter 1306 - Building Inspections Mayor Soderberg noted this item was approved on July 7, 2003. It was repealed soon after by the Council because it became burdensome to the property owners. The change made addressed R-3 occupancies. The issue that became burdensome was commercial buildings that wanted to expand and it required the entire building to be sprinkled. Councilmember Fogarty understood that this is not an optional state law and we have to adopt it. Council Minutes (Regular) May 5, 2008 Page 4 Ken Lewis, Building Official, stated it is an optional chapter. Mayor Soderberg stated he would not oppose sprinkling in new construction, but with remodeling it is burdensome. Building Official Lewis stated you are only required to sprinkle a building with an occupancy change if it is more restrictive such as a daycare or assembly as more people are involved in the building. Councilmember Wilson asked if a particular situation has come up where Council needs to address this now. Staff replied no, when the code was adopted on July 10,2007, Chapter 1306 needs to be re-adopted as soon as possible, otherwise it goes away. Staff had six months to have it re-adopted. City Attorney Jamnik stated the State changed the building code rules and their references. The City could take the position that we are grandfathered in and do not need to make the changes, but the State took the position that because they changed the rules, we have to re-adopt even if we do not want to change the substantive provisions. We have to re-adopt their new rules rather than operating by an automatic enactment. The new state code says you have two options on sprinklers; old and new, or new only. The City previously adopted new only. This draft is new only. We are not changing the rules for the City. MOTION by Fogarty, second by McKnight to adopt ORDINANCE 008-581 amending Sections 4-1-1 and 4-1-2 ofthe Farmington City Code to adopt recent revisions and future amendments to the Minnesota State Building Code. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2008 Budget Adjustments - Finance Given the current situation with building permits, revenues in the 2008 budget need to be reduced by $250,000 and also expenses. Staff recommended four areas to save $250,000. - Not filling the 2008 budgeted position shared by Human Resources and Fire. Salary and benefits total $53,456. - Not filling the vacant Assistant City Engineer position. Salary and benefits total $90,828. - Reducing the Building Inspections staff by one person. Salary and benefits total $67,300. - Shifting 33% ofthe Community Development salary and benefits to the EDA special revenue fund at a cost of $48,000. This amount was set aside for a consultant for the EDA which will not be needed. Staff and Council will be discussing carrying these reductions over into the 2009 budget. A formal resolution revising the 2008 budget will be brought to the May 19,2008 Council meeting. Council Minutes (Regular) May 5, 2008 Page 5 Mayor Soderberg asked if the reduction in building inspections will result in a layoff. City Administrator Herlofsky replied yes and no. There is currently an individual looking to retire, but would prefer to have the status of layoff in case he needs to be called back, but basically the individual is retiring. Councilmember Pritzlaffasked about shifting 33% of the Community Development salary and asked if the consultant was going to be for Community Development or the EDA. He felt the 33% was being taken from Community Development and put on the EDA side. Finance Director Roland replied in the EDA 2008 budget there is money set aside for consulting fees that will not be used at the level budgeted. City Administrator Herlofsky noted part of the reasoning is besides the consultant amount, with the staff being provided for the EDA, it would seem to be an appropriate cost and expense for the EDA. Councilmember Pritzlaff asked about not filling the Human Resources and Fire position and if there was a way that current staff can help. City Administrator Herlofsky stated we have a low amount of staff and the reception desk helps out when there is time. When Council approved the position last year, it was on the basis that there would be enough permit revenue to cover it. We are now looking at $250,000 in revenue for building permits, rather than the $500,000 budgeted. As some of these positions are not filled, now is the time to do it. Councilmember Wilson asked with 33% of the Community Development salary coming from the EDA, would that have the effect of the EDA having a staff person? City Administrator Herlofsky stated the EDA would be sharing the cost for the two employees. The EDA is allowed to have an employee according to the by-laws. Councilmember McKnight had a concern with not filling the Assistant City Engineer position, but was comfortable with the level of engineering we have with City employees. He was comfortable with all four recommendations and appreciated starting early on this for next year. Councilmember Fogarty also appreciated doing this now rather than at the end of the year. As a Councilmember she was comfortable with the EDA paying 33% of the positions. On the flip side, she is concerned about the budget for the EDA, and wants the budget addressed at the next meeting because of this. 11. UNFINISHED BUSINESS a) Approve Flagstaff Project Change Order - Engineering This is the second change order for the Flagstaff Avenue project. The first item on the change order was added to place a valve at the end of a water line for testing and hydrant flushing. The second item was drain tile installed at the north end of the project because there was a spring encountered in the roadway and they needed a way to discharge the water into the ditch. Items three and four deal with signage changes made and some striping. Items five and six were added to compensate the contractor for additional work they are doing on the project now to meet a deadline to get utilities to the school in the timeframe the school needs them. Item seven will be compensation when they move north Council Minutes (Regular) May 5, 2008 Page 6 of the school, there is a gas line running down the west side of Flagstaff Avenue that feeds the school and the gas line will have to be supported as they stub out from the main line going up the road. Item eight is a price reduction for aggregate on the north end of the project underneath the pavement. The total change order amount is $81,714.28. It is within the project budget. Mayor Soderberg noted many of the change orders are driven by the school district's requirement to get access from the south to the school. City Engineer Schorzman stated the school district agrees with the changes. Councilmember Wilson asked how the reduction on item eight was identified. Staff replied based on an analysis of the rock. Councilmember Wilson asked if the less than proposed rock would have any impact on the life span of the road. City Engineer Schorzman replied staff does not believe it will. The issue with the rock was that it contained a few more small particles, but it is crushed limestone and those help glue the road together. Staff does not think it will have an impact on the life cycle of the road, however the specifications were clear on the gradation wanted and we did not get that. Therefore, we exercised that part of the contract to get the price reduction. Councilmember Pritzlaff asked if there was a target date for access to the south side of the high school. Staff felt by doing what they have done, they accelerated the arrival at the south entrance by 4-6 weeks. Councilmember Pritzlaff asked if the gas line on the west side of Flagstaff was added afterwards or was it always there to serve the current properties. Staff replied the gas line being supported is a new line that was installed for a larger capacity to serve the school district. It was installed last fall so the school could have heat over the winter. Councilmember Pritzlaff asked if it was known that it was going to be needed when the project went out for bid. City Engineer Schorzman replied the City did not make the contractor aware of that nor did we know for sure when it was going to go in. This may not have been an issue had they gotten further along in the project before the cold weather. MOTION by Wilson, second by Fogarty to approve change order 2 in the amount of$81,714.28. APIF, MOTION CARRIED. b) City Hall Budget Update - Administration Staff provided Council with an updated budget for the City Hall project. The building will be turned over to the City around July 14, 2008. The building will be open the first week in August. Councilmember Pritzlaff noted at the last EDA meeting it was mentioned to discuss the current City Hall at the July Council workshop. City Administrator Herlofsky proposed to change it to the August workshop so it could be held in the new City Hall. Councilmember Pritzlaff was concerned with moving it out that far. He would prefer to have it at the June or July workshop. Councilmember Fogarty felt there would be more room in the new building. The majority of Council was fine with either date and it will be brought back at a later time. Council Minutes (Regular) May 5, 2008 Page 7 c) Amend Ordinance - Boulevard Trees - Planning This item was discussed at the February 4, 2008 Council meeting. On June 4, 2007, Council approved a policy for boulevard trees. The policy was to no longer place trees in the boulevard, but on the private property. Since February 4,2008, staff has discussed this issue with the utility companies and they are in favor of staff s proposal. There will continue to be a front yard drainage and utility easement at 10ft. Lot frontage trees will be planted at 8 ft. back from the front property line. Utilities will be placed at 6 ft. from the property, under the sidewalk, and into the boulevard. Nothing will go beyond the 8 ft. on a new lot. So trees will be allowed within the utility easement as that remains at 10ft. Boulevard trees will continue to be planted by developers and/or the City on boulevard tree routes. The Natural Resources division will inspect and trim boulevard trees, including existing trees. If the tree dies, they will remove it. The City will replace boulevard trees on boulevard tree routes. The owner of any lot of record existing on the adoption date of this ordinance may at their own risk replace a dead boulevard tree with a new tree to be planted on the boulevard, provided the new location is not within lOft. of the water or sewer line or 2 ft. from underground utilities. The owner will be responsible for trimming lot frontage trees. No trees will be allowed within the 5 ft. side easements. As long as there is a Natural Resources staff, there is no need for a Reforestation Advisory Commission. Staff will bring this back at a later time to repeal that ordinance. City Engineer Schorzman stated the gas company will locate more towards the street. The phone, electric, and cable will use a joint trench which will be 5-6 ft. into the easement. This should improve the accuracy and consistency of locations. MOTION by Wilson, second by Pritzlaffto amend ORDINANCE 008-582, sections 10-2-1, 1O-6-10(F), 1O-6-10(G), and 8-1-5(A) concerning replacement trees, lot frontage trees and boulevard trees and direct staff concerning the continuation or deletion of the Reforestation Advisory Commission. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Amend Ordinance - Drainage and Utility Easements - Planning This ordinance amendment would pertain to new lots with drainage problems and reduce the opportunity for anyone to put anything in the drainage and utility easements unless it is sod or a fence. The easement would be lOft. in the front and the rear, and 5 ft. on each side of the property line. No structures, landscape material, impervious surfaces are allowed in the easements except for sod and fences. MOTION by McKnight, second by Fogarty to amend ORDINANCE 008-583 amending Section 10-2-1 concerning definitions, and Section s 11-4-4 (A) & (D) concerning drainage and utility easements. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council Minutes (Regular) May 5, 2008 Page 8 Councilmember Wilson: of Prayer event. Thanked Mark and Justine Jacobson for the National Day Saturday he participated in the pond clean-up at the Earth and Arbor Day celebration. There were 450 people participating in the park and pond clean-up. He thanked Parks and Recreation staff for their work at the arena during the event. Councilmember Pritzlaff: He and Parks staff, along with 5th and 6th graders planted trees for Arbor Day. Mayor Soderberg: He displayed a plaque received from the Humphrey Institute for staffs work on Pollution Prevention Day and congratulated staff on this award. Rambling River Days is fast approaching. There are a lot of events added and all will be button events. Alexis Johnson, a 5th grader, drew the winning design for the buttons. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:18 p.m. APIF, MOTION CARRIED. Respectfully submitted, 4-n_zY~ M~ c7 Cynthia Muller Executive Assistant