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HomeMy WebLinkAbout05.19.08 Council Minutes 7a- COUNCIL MINUTES PRE-MEETING May 19, 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; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director; Jim Constantineau, Police Officer; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight requested to move item 9b) Reject CCTV Bids to the Consent Agenda. Councilmember Wilson noted the Parks and Recreation staff is going to a conference and paying for part of the cost themselves. If the City is sending staff to a conference, he felt the City should pay for the entire cost Councilmembers McKnight and Fogarty agreed. Councilmember McKnight noted next year he is not voting for out-of-state conferences. For the budget workshop, Councilmember Wilson requested a breakdown of in-state and out-of-state conferences. Councilmember Wilson had requested that the amendment to the parks regulations ordinance to prohibit golfing in parks be placed on the agenda again. To amend an ordinance because the Parks and Recreation Commission requested it, was not a compelling enough reason for him. Since then he has heard from a resident which gave much more of an impact He looked at the larger parks and there is no park that would not provide some sort of hazard. Councilmember Pritzlaff noted in ordinances from other cities, there is nothing regarding punishment if the ordinance is enforced. Parks and Recreation Director Distad stated it would be a misdemeanor and would include a fine for that offense. Police Chief Lindquist stated it would be up to Council to direct him as to what they wanted to do. If Council would like to see golf balls not part ofthe park curriculum and have it has a policy instead of an ordinance, that can be enforced. He can also research other avenues, or if they approve the ordinance, he can also work with that Currently, if the police receive a call, they will go to the park and ask the individual to stop. If necessary, they will take the person home. Currently, the Police Department has Council Minutes (Pre-Meeting) May 19,2008 Page 2 not received any complaints. Councilmember Pritzlaff stated if it is a juvenile, you cannot put the fine or the punishment on the parents. If they break a window, it could be destruction of private property. Police Chief Lindquist stated if it is City policy to not allow golfing in the parks, it may help on the front end if someone wants to find out if it is allowed and we can tell them it is against City policy. Councilmember Wilson asked if a child was hit by a golf ball, is the City in a better position with or without the ordinance. City Attorney Jamnik replied there would be no difference. Ifwe have the ordinance, then it is questioned whether we failed to enforce the ordinance. If we do not have the ordinance, it could be a little better, as it would be completely within the City's discretion. It would be better not to have an ordinance, than an ordinance that is not enforced. In this situation, the enforcement would be on a complaint basis. The individual that struck the golf ball that caused damage to an individual or property would be responsible for the consequences. If it is a juvenile, there may be parental responsibility. If any damage occurs, there are ordinances on the books that allow for prosecution as well as civil liability. Police Chief Lindquist cautioned it would be best to not allow any sort of golfing rather than allowing putting or chipping. It should be all or nothing. Councilmember Pritzlaff suggested waiting to see what kind of complaints the Police Department receive and let them handle it through warnings for this year. Councilmember Fogarty stated she would support the ordinance if that is what Council wanted. It sounds like golfing should not be allowed because some people are abusing it. The Parks and Recreation department has received four calls within the last month from Dakota County Estates Park and Meadowview Park about golfballs flying into private property. Councilmember Pritzlaff had a question on the budget revision and had a concern with reducing the budget and with the number of conferences on the agenda. He asked where the budget is reduced by $250,000. Finance Director Roland explained the $250,000 is coming out of licenses and permits. On the resolution it shows the revised budgeted amount of $282,450. He noted the difference in the totals was $174,800 and stated some line items are up. Finance Director Roland stated Council has made two previous budget adjustments that have affected both revenues and expenditures. The revenues were being reduced by a total of$174,800, but the expenses are still being reduced by $182,873. Councilmember Pritzlaffhad a concern with how an item came out in the paper versus how it was explained at a Council meeting. There was a position listed in the paper as a termination. It was actually a layoff. S. STAFF COMMENTS 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/ A'# ,/'r /V)~ ynthia Muller Executive Assistant COUNCIL MINUTES REGULAR May 19, 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: Pritzlaff, Fogarty, McKnight, Wilson Soderberg Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Brenda Wendlandt, Human Resources Director; Jim Constantineau, Police Officer; Cynthia Muller, Executive Assistant Audience: 4. APPRO YE A GENDA Councilmember McKnight moved item 9b) Reject CCTV Bids to the Consent Agenda. Councilmember Wilson pulled item 7a) Council Minutes to abstain. MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows: b) Adopted RESOLUTION R32-08 2008 Budget Revision - Finance c) Received Information April 2008 Financial Report - Finance d) Adopted RESOLUTIONS R33-08 and R34-08 Providing for sale of GO Improvement Bonds 2008A - Finance, e) Approved School and Conference - Parks and Recreation f) Approved Temporary 3.2 Beer Licenses - Administration g) Adopted RESOLUTION R35-08 Approve Gambling Event Permit - Administration h) Approved School and Conference - Administration i) Adopted RESOLUTION R36-08 Approve MnDOT Cooperative Agreement- TH3 Roundabout Project - Engineering j) Adopted RESOLUTION R37-08 Approve Dakota County Agreement - TH3 Roundabout Project - Engineering k) Acknowledged Resignation Liquor Operations - Human Resources 1) Approved School and Conference - Human Resources m) Approved Bills Council Minutes (Regular) May 19,2008 Page 2 n) Rejected CCTV Bids - Human Resources APIF, MOTION CARRIED. a) MOTION by McKnight, second by Wilson to approve Council Minutes (5/5/08 Regular). APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve Council Minutes (5/12/08 Special). Voting for: Fogarty, McKnight, Pritzlaff. Abstain: Wilson. MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids- Spruce Street/2nd Street Project - Engineering The proposed bid date is June 26, 2008, and the contract will be awarded at the July 2, 2008 Council Meeting. The project will start as soon as possible after it is awarded. The estimated proje~t cost is $1,250,000 and will be funded through assessments, enterprise funds, and the road and bridge fund. The total proposed assessment amount is $88,500. The project should be completed mid-late September. A neighborhood meeting has not been held, but detour signs would be provided to direct traffic to Elm Street. The properties proposed to be assessed have been notified. There are no residential properties affected. There are five commercial and/or multi-family properties. The estimated assessments for the multi-family properties would range from $20,000 - $30,000. The library would be assessed $20,000, the commercial property at 2nd and Spruce would be approximately $12,000. The project will start after Rambling River Days. Mr. Greg Feely, owner of 104 Oak and 204 Oak Street, stated he received a statement for the properties concerning the Elm Street project with the final numbers. He did not have the earlier paper that gave an estimated cost, but thought it was around $600 per property. The current assessed amount is $1206 per property. Regarding the Spruce and 2nd Street project, he noted that is proposed at $1,179,000. He asked if this assessment would also be twice as much. This project is a larger project than Elm Street. Much of the area is City owned with the City Hall and the Rambling River Center. He understood these properties and the library would not have to pay the assessment. Finance Director Roland replied regarding the Elm Street project, the original number was $600 and the numbers did not change. The Elm Street hearing will be on June 2,2008. She urged Mr. Feely to contact City Hall regarding his notice. Regarding the City owned and non-City owned properties on the Spruce and 2nd Street project, the City will be attempting to assess or receive in lieu of assessment, payment from Dakota County for the library. Regarding the City Hall and the Rambling River Center, they are figured into the assessment roll. The money that pays their portion comes out of the road and bridge fund. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R38-08 approving the plans and specifications and authorizing the advertisement for bids for the Spruce Street/2nd Street Reconstruction project. APIF, MOTION CARRIED. Council Minutes (Regular) May 19,2008 Page 3 9. AWARD OF CONTRACT a) Towing Contract - Police Department As Starr Automotive was no longer in the towing business, the City went out for bid for towing services. Two bids were received and the lowest bidder was Undercover Auto Recovery. MOTION by Fogarty, second by McKnight to award the towing contract to Undercover Auto Recovery. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Adopt Resolution - Approve Plans/Authorize Advertisement for Bids - TH3 Roundabout Project-Engineering The plans and specifications were ordered at the December 3,2007, Council meeting. The developer of the Seed property has agreed to contribute $310,000 to the project, Empire Township will contribute $380,000, MnDOT will contribute $550,000 and Dakota County will contribute $400,000. The City's portion of $539,000 will come from MSA funds. The proposed bid date is June 23, 2008, with the award of contract at the July 7, 2008 Council meeting. The estimated project cost is $2.2 million. Since the December 3, 2007, Council meeting, the City's contribution has been reduced by $120,000 due to better estimates. There will be advanced warning signs both north and south of the roundabout along with recommended speed. There will also be lighting installed. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R39-08 approving the plans and specifications and authorizing the advertisement for bids for the TH3 roundabout project. APIF, MOTION CARRIED. b) Reconsider Park Regulations Ordinance Prohibiting Golf - Parks and Recreation MOTION by Wilson, second by Fogarty to reconsider this item from the May 5, 2008 Council meeting. Voting for: Fogarty, Pritzlaff, Wilson. Voting against: McKnight. MOTION CARRIED. Councilmember Wilson brought this item back because of a compelling e-mail received from a resident. There is a potential safety issue. If the item is not reconsidered, he would like a report at a later time with other options or to install signs prohibiting golf. Acting Mayor Pritzlaff stated if the ordinance is passed, he would like some enforcement included. If we have the ordinance, there would be no golfing in parks, including putting and chipping. Some people are taking advantage of the parks and ruining it for others. Councilmember McKnight understands the e-mail from the resident. His concern is that we are starting to ban sports in parks. Golf balls are first, so when are baseballs, softballs, and footballs next. There is a group of children making some bad decisions. That is the parent's responsibility. Councilmember Wilson noted there is a difference between golf balls and other items. This is not banning sports. We ,are talking about a projectile that will leave a small area. Council Minutes (Regular) May 19,2008 Page 4 Police Chief Lindquist stated the police will do whatever the Council directs. He has asked the resident to contact the Police Department in the future when this is taking place. Ms. Erin Krause, 19875 Evensong Court, stated her backyard backs up to the park. As far as taking advantage of the system, she felt that was a little strong. Seven of the neighboring communities have an ordinance in place for the safety of the community and the park workers. As far as banning sports, when a park is developed, there is a place made for baseball to be played, there is a tennis court for tennis. Golf balls are in a different arena. That is why they have driving ranges with nets and other safety precautions. Her children are finding half a dozen golf balls in their yard. MOTION by Wilson, second by Fogarty to reconsider amending ordinance 6-9-6 prohibiting golf in City parks. Voting for: Fogarty, Wilson. Voting against: McKnight, Pritzlaff. MOTION FAILED. Acting Mayor Pritzlaffurged people to contact the Police Department when they see this activity. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember McKnight: He asked City Administrator Herlofsky to check with the developer on paving the gravel extension of Spruce Street. Councilmember Wilson: He stated he respected Councilmember McKnight's opinion on the parks issue. Now that the weather is nicer, he encouraged residents to slow down and watch for kids and bikes in the neighborhoods. City Engineer Schorzman: Reminded everyone of the open house to discuss the 195th Street extension and the roundabout project on Wednesday, May 21,2008, from 6:00- 8:00 p.m. at the Central Maintenance Facility. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 7:36 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ;)-)/7~ Cynthia Muller Executive Assistant