HomeMy WebLinkAbout06.02.08 Council Minutes
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COUNCIL MINUTES
PRE-MEETING
June 2, 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; Brian Lindquist, Police Chief;
Randy Distad, Parks and Recreation Director; Kevin Schorzman,
City Engineer; Lisa Shadick, Administrative Services Director;
Tony Wippler, Assistant City Planner; Cynthia Muller, Executive
Assistant
2. APPROVE 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 asked about the award of contract for the 19Sth Street project and
if we have to take the low bidder. City Attorney Jamnik replied we do have to take the
low bid unless determination is made they are not responsible.
Councilmember Wilson asked if there was a concern with the low bidder.
Councilmember Fogarty commented that Friedges did the Ash Street project and there
are still some unsettle issues. She was not happy with the final project The manhole
covers are not placed properly and she felt they were not eager to meet the concerns of
the residents on Ash Street.
Councilmember Pritzlaff asked about the payment to Elk River Chrysler. Finance
Director Roland replied that was the purchase of the vehicle for the Parks Department
This went through the State bid process. Councilmember Pritzlaff noted it is far away for
any warranty work. Finance Director Roland stated the City has other options for repair
work. City Administrator Herlofsky noted warranty work is from the dealer, not from
where you buy the car.
Mayor Soderberg asked about the phrase in the Fairhill PUD Agreement stating the
developer would start paying and interest would start accruing after the county finishes
their portion of payment He asked if this was significant Finance Director Roland
replied that was part of the negotiations. Mayor Soderberg noticed there were a couple
Council Minutes (Pre-Meeting)
June 2, 2008
Page 2
changes regarding the park and was confused about the acreage amount. In one place it
says 84 acres of designated land plus six acres of trails and in another place it says the
developer will dedicate 42 acres in the southwest corner at the time of final plat for phase
0, which is on the agenda for tonight. Later the agreement reads at the time of final plat
for phase 1. Parks and Recreation Director Distad stated the 50 acres is not all part of the
park dedication process. There are 12 additional acres that are steep slope. He felt phase
1 should read phase O. Councilmember Fogarty clarified that 60 days after the plat is
approved, the City will take possession of the 42 acres. Mayor Soderberg asked about
the storm water management fee. City Attorney Jamnik explained there is an extra
$100,000 that is part of the stream remeandering north and south of the bridge that is
added in. This is consistent with other developments, but is unique because of the scale
of the development. Most of the storm water management is being accommodated
internally by the development itself.
5. STAFF COMMENTS
City Attorney Jamnik noted all the evaluations for the City Administrator are in, but due
to Memorial Day, they have not been tabulated. City Administrator Herlofsky suggested
holding a closed session for this after the workshop on June 9, 2008. Council agreed.
City Administrator Herlofsky asked to postpone the announcement for the award for the
City calendar until a meeting in July. He stated Assistant City Planner Wippler had two
pages with minor changes to the PUD Agreement for the Fairhill development.
Finance Director Roland noted Council has expressed concern regarding the potential for
the repayment of bonds for the 195th Street project. Bonds will be issued next Monday.
There has been concern whether the assessments will be enough to cover the debt service
payment, etc. She presented a draft outline of what the debt service would look like on
this project. Within the last week, City Engineer Schorzman and Finance Director
Roland have discussed MSA funding on this project. There is $3.7 million worth of
eligible costs of MSA on this project. There is currently $1.6 million in the account,
$600,000 is spoken for on the roundabout project. The other $1 million could be
recouped from the MSA account to put towards ensuring that debt service payments are
met in a timely fashion should there be any other issues. There are the special
assessments and the county's participation as well as the backup MSA funding. This
does not eliminate the assessments.
6. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 6:48 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~J'v7~
~nthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
June 2, 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:
Audience:
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; Tony Wippler,
Assistant City Planner; Cynthia Muller, Executive Assistant
Ellsworth and Kay Hoeppner, John Sas, Marty Gliva, Colleen
Wilkowski, Christina Markeson, Kyle Kapuska, Jake Hoffbeck,
Chelsey Mowefs, Trace King, Kathy Bunkers, John Quamme,
Nancy Akin, Blanche Reichert, Tony and Brenda Vieto, Bill
Graham, Carol Boyd, Steven Hovey, Steve Schneider
4. APPROVE AGENDA
City Administrator Herlofsky postponed item Sa) Government Communicators Award
until a July meeting. Mayor Soderberg pulled item 7a) Council minutes to abstain.
MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Fogarty, second by Pritzlaffto approve the Consent Agenda as follows:
b) Received Information 2008 Employee Recognition - Human Resources
c) Approved Summer Staff Appointments - Human Resources
d) Approved School and Conference - Police Department
e) Adopted RESOLUTION R40-08 Accepting Donation Pollution Prevention Day
- Municipal Services
f) Adopted RESOLUTION R41-08 Accepting Donations 2008 Spring Skating
Competition - Parks and Recreation
Council Minutes (Regular)
June 2, 2008
Page 2
g) Adopted RESOLUTION R42-08 Accepting Donation Rambling River Center-
Parks and Recreation
h) Approved Request to Waive Fees for Rambling River Days - Parks and
Recreation
i) Accepted Tennis Grant - Parks and Recreation
j) Approved Agreement for Construction of Farmington Preserve Park
Improvements - Parks and Recreation
k) Approved Joint Powers Agreement City of St. Paul Republican National
Convention - Police Department
1) Approved Liquor License Amendment - Eagle's Club - Administration
m) Approved CLG Grant - Administration
n) Approved 195th Street Bridge Agreement - Engineering
0) Approved Bills
APIF, MOTION CARRIED.
a) Council Minutes (5/19/08 Regular)
MOTION by Pritzlaff, second by Wilson to approve Council Minutes (5/19/08
Regular). Voting for: Fogarty, McKnight, Pritzlaff, Wilson. Abstain:
Soderberg. MOTION CARRIED.
8. PUBLIC HEARINGS
a) Elm Street Assessment - Engineering
The Elm Street reconstruction project is complete. The total amount to be
assessed is $648,000, which comes to $603 per residential equivalent unit for the
area wide assessment with an additional $3,000 for sewer and water if the
property was served with new sewer and water through the project.
Councilmember Pritzlaff asked when the punch list items will be completed. City
Engineer Schorzman replied they have started on them and should be completed
within the next couple weeks, including the driveway into City Center. The curb
in the driveway will be laid down so cars are not bouncing over it.
Councilmember Pritzlaffwanted the radius to be the same as on 2nd Street where
cars can easily make the turn without going over the curb. He does not want it
flattened down, he wants the radius to be the same as on other streets. City
Engineer Schorzman noted rather than going with a radius they decided to go with
a straight taper which will provide more room. It will be sloped rather than curb
and gutter. Councilmember Pritzlaff noted there are some issues with the grass
and there are a large number of trees that are not doing well. City Engineer
Schorzman stated the trees are covered by a warranty so if they are not growing,
they will be replaced. The issue with the grass will also be fixed.
Councilmember McKnight asked what the original assessment amount was per
residential unit. City Engineer Schorzman noted the original amount was the
same; $603.
Council Minutes (Regular)
June 2, 2008
Page 3
Councilmember Pritzlaff asked about the $3,000 assessment for sewer and water
connections, and if this was actually connections because everyone would have
connections. City Engineer Schorzman replied there are properties that were not
directly affected by the new sewer and water main where it was stubbed to the
house. Some did not have new utilities run to the house. Those with new utilities
have the $3,000 assessment.
Mr. Ellsworth Hoeppner, 27 Walnut, asked why there is not a signal for a left turn
at Elm and 3rd Street. You cannot get across to turn left. Mayor Soderberg noted
traffic warrants at the time of the project were not met to require a left turn. Staff
can ask the county to check the warrants again. Mr. Hoeppner noted a lot of the
boulevard trees are looking bad and are getting dry. He asked who would be
taking care of them, the county or the City. He hoped they would not have to be
replaced at taxpayer expense. City Administrator Herlofsky stated the warranty
will take care of replacing the trees, but the homeowners should be maintaining
the trees. Mr. Hoeppner noted his mother lived on Elm Street, and when they
plow snow, the snow goes up to where the trees are and two of the trees died
because of the salt. City Administrator Herlofsky noted the trees were planted
late last year and hopefully the trees will become more established before next
winter. Mr. Hoeppner asked why they did not make the entrance wider into City
Center. Cars either hit the center median or the curb when making a right turn.
He asked who will have to pay to have it redone. City Engineer Schorzman stated
it will be a shared cost between the City and the county. Mr. Hoeppner noted the
assessment went from $450 up to $603 and asked where the additional cost came
from. Mayor Soderberg noted the original assessment was $603. Finance
Director Roland stated the assessment for Ash Street was in the $400 range. Mr.
Hoeppner then asked about property taxes. His property taxes went from $2500
to $3200 this year. He is retired and there are a lot of retired people living in the
City with less income than he has and he does not know how they can afford to
pay that. He urged Council to think about the seniors and the working force.
That is why people have to move away because they cannot afford to pay the
taxes. Mr. Hoeppner then asked about people that own two lots a half mile away
and how much do they have to pay for an individual lot. Mayor Soderberg stated
it is $603 per lot. Mr. Hoeppner asked if that was the same cost for the downtown
merchants. Finance Director Roland replied a residential equivalent unit is
approximately 10,000 sq. ft. One residential unit is $603. If the downtown
businesses have one residential equivalent unit of 10,000 sq. ft. they are charged
$603. If they have more than that, they would be charge appropriately. Mr.
Hoeppner asked about a company with a big business. Finance Director Roland
stated it would be dependent upon the size of the property involved.
Mr. Mike McDonald, 520 8th Street, stated this is the first notice he has received
and now he has 30 days to pay $603. He did not receive a notice two years ago.
This is the first he has heard of this. He asked if they changed the zones to cover
certain areas. Mayor Soderberg stated the policy for area wide assessments goes
back ten years. This was the same as Pilot Knob Road and Ash Street. Mr.
Council Minutes (Regular)
June 2, 2008
Page 4
McDonald stated his residence was made totally unlivable during construction.
He could not get out of his driveway, there were people driving through his yard.
He was ticketed by the Police Department for putting boards with nails in his yard
to stop cars from driving over his landscaping and through his yard during
construction. He was trying to harm the vehicles because he did not want them in
his yard in the middle of the night. They would back up in his front yard in front
of his bay window, peel out, and throw rocks against his house. There is a ditch
in front where they had the road closed sign, cars would go in the ditch and throw
large rocks. His children could not be in the yard during the day. They took
verbal abuse from the drivers trying to keep them offthe yard all summer. They
moved out and went to Welch for the summer. He asked if the City had plans to
compensate people who had to move away for the summer. His house was not
livable. He made numerous calls to the Police Department to no avail. There was
not a road closed sign there at first. The traffic was so heavy, he could not get out
of his driveway. It is a two-way street and the semi's were side by side on the
frontage road. When the road closed sign went up, there was the same
congestion, only now they could not turn around to get out so they went through
his yard, the ditch, through the neighbor's yard out the driveway and came out on
Walnut to TH3. His two-year old's bedroom window was by the south side of the
lot. It was completely unlivable the entire summer. He asked if Council had
plans to compensate people for this. Mayor Soderberg stated Council in the past
has not entertained this suggestion. Mr. McDonald stated this cost him more than
$603. Mayor Soderberg stated every effort was made in the weekly meetings to
address concerns. Councilmember Pritzlaff represented Council and did a nice
job in communicating with residents. Mr. McDonald stated he made phone calls
and was told by the Police Department there was nothing they could do. It was
under construction and they cannot have a car there just watching the area. Mr.
McDonald noted the Police cars were some of the offenders. Councilmember
Pritzlaffnoted this is the first he has heard of this. Nothing was brought up at the
weekly meetings. Mr. McDonald stated it was really, really bad. He felt they
should receive some sort of compensation. He repeated this is the first notice he
has received.
Mayor Soderberg asked about residents not receiving notices. City Attorney
Jamnik stated the notices are based on county property tax records. There was a
notice of the improvement hearing and the assessment hearing notice.
Mr. Steve Hovey, 521 Walnut Street, stated this was the first notice he received.
He heard about it when the project first started, but did not know it would reach 4-
5 blocks away. He did not know they had to pay right away. They should have
some time. He does not have the money. Finance Director Roland stated
residents have 30 days to pay at the City, after that it would be certified to the
taxes for 2009. Mr. Hovey asked why they were not told when this came up the
first time that they should have the money set aside. He did not know until he got
the letter. Finance Director Roland stated they have discussed the Elm Street
project at Council meetings, it was discussed in December 2006 that there would
Council Minutes (Regular)
June 2, 2008
Page 5
be $603 assessed to the properties in the area. There have been notices and
articles in the newspaper. The City follows Section 429 of the state statute.
There are certain requirements that need to be followed. It states that once the
notice and public hearing is held, residents have 30 days to pay without interest.
They can still pay until the end of the year, but there would be accumulated
interest from this hearing date to the end of the year. Once it is certified to taxes
in November, it goes on to the taxable property for the next IS years divided
equally in principal and interest payments over that time. Mr. Hovey stated he
was not notified. He does not get the Farmington Independent. If people do not
get the paper how do they know this? He needs more than 30 days to pay.
Ms. Erin Sanders, 509 Elm Street, stated this is the first notice she has received
for $3600. She understood what it was for, but wanted to let Council know that is
a lot of money to come up with in 30 days. She bought the house in June 2006.
She has read all the notices she received on the construction, but does not
remember seeing one that said $3600. The weekly meetings were on Thursdays
and she works late on Thursdays and was not able to attend the meetings.
Councilmember Wilson asked how a resident was notified they would be
incurring the sewer and water connection. City Engineer Schorzman stated the
notice sent out for the December 2006 meeting was sent to everyone on the
assessment roll. The specific number is not in there, but it states it would be
available at the initial public hearing.
Councilmember Pritzlaff stated there seems to be a fair amount of people that did
not receive a notice. They are asking for more time to pay. He asked if the time
could be extended to 60 or 90 days rather than certifying it to the taxes. There
seems to be consistently people who did not receive the original notice. Finance
Director Roland stated this is consistent enforcement ofthe City's policy. Should
we choose to take longer than 30 days, we set a precedent for every project in the
future. The City made every effort to send out the assessment notices from 2006.
There are stated policies, certification of mailings, etc. She could not explain
what happens to the U.S. maiL This does not mean the money is not due and
payable. She understood their concern over a 30 day period. They expect
everyone else to pay over 30 days after the public hearing. She recommended
staying at 30 days according to the statute. Councilmember Pritzlaff suggested
this for the people who did not receive a notice. Perhaps the City needs to change
the policy and send certified letters. City Administrator Herlofsky stated if it is
not paid in 30 days that does not mean the water will be shut off. It then becomes
certified against the property and can be paid in full at any time. If it is not paid
by the end of the year, it goes on the following year's taxes over 15 years with
interest. It can still be paid in full at any time. Finance Director Roland stated
because this was a pending special assessment, a lot of homeowners probably had
money withheld at closing by their mortgage company or title company. She
suggested that if they purchased a home at any point, they should consult their
title company because they may have withheld funds anytime since 2006 in order
Council Minutes (Regular)
June 2, 2008
Page 6
to pay this assessment. If it is pending it is the responsibility of the person who is
selling the property. They would have called the City to get the amount of the
pending assessment.
Councilmember McKnight asked that staff check on these last three addresses on
the certification of mailing.
Ms. Christina Markeson, 208 7th Street, stated she lives between Elm and Main
Street so the road in front of her house was reconstructed as part of the Main
Street project. She was assessed $6,000 for that reconstruction project and they
are paying it through the property taxes. In 2006 when they were informed about
the Elm Street assessment, she attended one of the meetings and spoke with City
Administrator Herlofsky about the area wide assessment. He explained it to her
and she asked if the people on Elm Street had to pay an area wide assessment for
any other street. He explained that no, this was a benefit for living on a heavily
traveled street and they would not have to pay the area wide assessment. Elm
Street is also a county state aid highway which means the state picks up part of
the tab for that highway. That is another big benefit for the people living on Elm
Street. She lives on a 50 x 60 lot. The person directly across the alley who lives
on Elm Street has a 170 x 60 lot. His lot is three times larger and she will have to
pay twice as much in taxes for the two projects. She will have to pay $6600 in
total taxes for the property between Main Street and Elm Street reconstruction.
She understood it was done per property unit. She owns a 50 x 60 lot and she is
paying double of someone with three times as much property. She felt this was
not a fair way to go about the taxing process.
Councilmember Wilson stated revisiting the 10,000 sq ft RED, if a lot was 15,000
sq. ft. they would pay $905? Finance Director Roland replied it goes up in full
units. She would not characterize it as not having to pay an area wide assessment.
The people living on Elm Street still have to pay for the water and sewer
connections of$3,000 plus the amount of RED. If a lot is three times larger, there
is a correspondence between that and what would be assessed against the
property. Ms. Markeson stated she had to pay for her attachments as well and she
is paying $6,000 for the Main Street reconstruction, where as Elm Street is only
paying $3,000. She is still paying double the amount of her neighbor who
accesses Main Street. They directly benefit from Main Street being done to
connect to TH3. A special assessment is directly impacting the property. Her
neighbor uses Elm Street to get to TH3 and that is a direct impact for them, just as
she is directly impacted by Elm Street because she uses Elm Street. It does not
sound fair that she has to pay more than double the amount her neighbor does,
because of the location of the lot. Mayor Soderberg stated part of the challenge is
the two different types of streets. Main Street is a local street, so it does not
spread the assessment out over a larger area. The properties that abut a local
street, pay directly. An area wide assessment takes the main arterials and spreads
it over a larger area so the assessment comes down for each of the properties.
Council Minutes (Regular)
June 2, 2008
Page 7
There are other properties with back to back assessments for local streets and
arterial streets.
Mr. Jake Hoffbeck, 600 1 st Street, stated he bought his house in March 2007 and
asked when the project was ordered. Mayor Soderberg stated it was ordered in
December 2006, so the title company should have withheld the escrow. Mr.
Hoffbeck would not have received the notice ordering the project, but would have
received this notice.
Mr. Richard Gerten, 600 Pine Street, also owns the greenhouse at 519 Willow
Street which he has a question about. He was assessed $1206 which is double and
he has no problem with it. He also has an assessment for a 45 ft. lot that is in
Bungs addition which was a left over parcel attached to the two acres for the
greenhouse. There have always been two tax statements. Now he has received a
bill for the 45 ft lot. The county has considered it as one property, but they
divided the assessment between two lots. He did not feel he should pay two
different assessments as it is not big enough for a residential lot. Finance Director
Roland stated this would be a non-buildable lot and the assessment would be
deferred because it does not meet the standard for appraisaL
Mr. Joe Knapp, 901 9th Street, owns 33 Elm Street and is the mail carrier. He
stated the City has a horrible mailing system for everything. He brings back tons
of maiL He delivered the mail to City Hall for almost two years and whenever a
Citywide mailing goes out, there is tons of mail that comes back with bad
addresses. He found it amazing that if people are paying taxes, the City should
know where people live. He receives notices for houses that do not exist. He still
gets mail for 309 and 315 Elm Street which do not exist. Mayor Soderberg stated
that has more to do with the county's database. Mr. Knapp stated he has also
been to all of the meetings held. Last May he saw the estimate for the assessment.
Since then, he has read all the notices and there was nothing in the notices. If
people could not attend those meetings, how were they to know how much they
had to pay which is why people are upset about the 30 days. He knew because he
went to the meeting last May and does not have a problem with it. The street
needed to be done. There are a lot of different kinds of people living in the old
section of town. People are on fixed incomes, and there are blue collar workers
that are not making it. He felt 30 days is an unreasonable time. The project was
finished last November and they just found out a couple weeks ago how much it
would cost. He found it hard to believe. He suggested at least 90 days. This is
the first time a dollar amount was given.
Mayor Soderberg suggested in the future inserting the amount in the notices. City
Attorney Jamnik stated it makes it more cumbersome to print the notices as they
would have to be individualized. The assessment hearing notices are individual
notices, the improvement hearing notices are not. At the improvement hearing the
assessment methodology has not been finalized. So if it changed from one notice
to the other people would not be happy. Most cities do not include individualized
Council Minutes (Regular)
June 2, 2008
Page 8
notices at the improvement hearing. Councilmember Fogarty stated another way
to find out the amount is to call City Hall and ask. She was sympathetic for
people who did not receive the notices. We do receive addresses from the county.
The City would not like to send notices with two different amounts. She advised
people call City Hall to find out about the amounts. Mr. Knapp stated people did
not understand they needed to call. They did not understand what an assessment
area is. Councilmember Fogarty suggested looking at the wording in the notices
to help people understand.
Councilmember Pritzlaff asked when this will go on the tax roll. Finance Director
Roland stated the 30 days begins tomorrow. Once that 30 days is up, the roll is
sent to the county and can be paid at any point. It would incur interest and other
fees. It goes on the tax statement for 2009 which would be received in March. If
it is paid within 90 days, they would pay interest through the end of the year
which amounts to $18. Councilmember Wilson asked about the other fees.
Finance Director Roland stated the City is required by the county to charge a $3
fee per year of the assessment for certification charges. The county receives that
money. So through the end of the year the amount would be $21.
Mr. Greg Feely, owns 104 and 204 Oak Street, stated last time he contacted
Finance Director Roland and got the numbers straightened out. He is charged
$1206 for two properties. He stated he will be in the same situation with the
Spruce Street project and will be charged double. He asked Council to consider
looking at the system and how it works, because on these properties there will be
115 years they have paid taxes. Now there is no money left to do anything? The
City has to go back to each individual owner and say we need more to hook you
up to make your street work. That is what he wants Council to consider; the
system and how it is working.
Ms. Kathy Bunkers, 6687 Forest Street, was here with the Boy Scouts, and
suggested the City also put notices in the Farmington ThisWeek newspaper
because that is the free mailing that goes to everyone. It would also be a good
suggestion to explain this in layman's terms such as what residential units are, and
give simple articles about upcoming assessments. If people do not receive the
Independent, they would receive this paper. Councilmember Wilson noted the
City is required to certify a newspaper each year and it must be the paper within
the City if there is one. There would be an additional cost of $5,000 - $6,000 to
publish notices in another paper. Ms. Bunkers suggested a reader board out front
saying read the Independent this week. There is news coming up.
Mr. Bill Graham, 609 Main Street, stated he does not know what the assessment
process is. Council may call Main Street a local street, but with the amount of
traffic, especially during the construction, the Police Department was zero help.
He received the December notice and paid $6,000 for Main Street and everybody
uses that as a shortcut to get to TH3 and bypass the stop light at TH3 and hwy 50.
He asked why a secondary road was assessed the same with a primary business.
Council Minutes (Regular)
June 2, 2008
Page 9
He likes the local businesses, but they are benefiting more than he is. He did not
go to any meetings because no one had any numbers.
Mr. Steve Schneider, 22 Oak Street, stated prior to notification of the Elm Street
project he and his neighbors realized that the amount of traffic that would be
diverted would come to Oak Street between Division and 1 st Street. He put
together a petition and mailed it to the City. It fell on deaf ears. He was very
disappointed with the Council. He understood they may not have much leverage
because it is a county project. Even though he sent something to City
Administrator Herlofsky, he had to call multiple times to get the signs changed.
He understood there was construction and would be more traffic. On any given
day before the construction there would be a car every half hour. During
construction, they could not count the number of cars per hour coming through
Oak Street. There are a lot of kids and that is why they signed the petition to have
traffic diverted. There is no reason for the road closed sign to be placed on
Division. He asked the signs be placed by Denmark. Eventually they were
moved after hearing from everyone on the block. They did not have property
damage, but they had noise pollution, and semi's chasing kids down the street.
The lack of foresight on the planning to do the right thing and listen to the
residents is ridiculous. He did not receive a letter notifying him of the $603. His
neighbors did not receive a letter. The mail carrier cannot deliver what is not in
his bag.
Ms. Blanche Reichert, 113 Oak Street, stated she understood there would also be
a project on 2nd and Spruce Street and asked if they will be assessed for that
project as well. Finance Director Roland stated at this point it is a two block area
on Spruce Street. Those being assessed are the Library, the City and two
apartment buildings on Spruce Street and the Feely Elevator. There are no other
assessments for the Spruce Street project.
Mr. John Quamme, 200 3rd Street, stated he did not receive the first notice.
MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF,
MOTION CARRIED.
Councilmember Pritzlaff suggested in the future doing something different with
the notices to make sure they are received. He also encouraged people to attend
meetings regarding the projects.
Mayor Soderberg noted one written objection was received. City Attorney
Jamnik stated the objection is pertaining to items such as boulevard trees and the
hardship, but not a claim on the benefit amount. The recommendation from staff
is to approve all the assessments as proposed at the close of the hearing. Mayor
Soderberg noted Mr. Gerten also has an issue to be addressed. City Attorney
Jamnik stated if a deferral on that lot is appropriate, it will be noted as a deferral
consistent with City policy.
Council Minutes (Regular)
June 2, 2008
Page 10
Councilmember McKnight suggested sending the minutes of the weekly meetings
on future projects to interested residents.
MOTION by Pritzlaff, second by McKnight to adopt RESOLUTION R43-08
adopting the assessment roll for the Elm Street Reconstruction project. APIF,
MOTION CARRIED.
9. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Comprehensive Annual Financial Report - Finance
Mr. Matt Mayer of Kern DeWenter Viere, presented the 2007 Comprehensive
Annual Financial Report. The fund balance is $2,139,686, representing 25% of
the 2007 annual expenditures. MOTION by McKnight, second by Wilson to
accept the December 31,2007 Comprehensive Annual Financial Report. APIF,
MOTION CARRIED.
b) Adopt Resolution - Approve Fairhill Final Plat and Master PUD Agreement
- Planning
This is the final plat for phase 0 which is for the community park in the southwest
comer of the Fairhill development. The plat consists of97.35 acres containing 5
outlots. The second item is the Planned Unit Development Agreement. The
agreement is for 20 years and covers cost allocation of roadways, 195th Street,
utilities, and the variations from code for items such as lot coverage, lot sizes, etc.
Councilmember Wilson asked how the issue of taking out the grading for the 42
acre park came up and why now rather than a month ago. Assistant Planner
Wippler stated it was part ofthe negotiations. City Attorney Jamnik stated the
City had been requesting the park be graded immediately in order to facilitate
construction. The developer is not planning to develop the rest of the area, so
they did not want to be obligated to grade that area immediately. This was not
resolved until later and staff has come up with some alternatives to have the area
graded so they can begin programming park improvements immediately. The
cost of the grading will be included in other construction projects such as 195th
Street rather than bringing in fill from other sites. The park area would be the
source of fill materials.
Councilmember Pritzlaff asked for an explanation of Article 3.1 in the PUD
Agreement regarding phase 0 and phase 1 shall be valid for five years and
approval of preliminary plat for subsequent stages shall be valid for two years
from the date of approval. City Attorney Jamnik stated under state statute the
developer is guaranteed no more than one year of safety from any subsequent
changes to official controls. The statute allows the parties to extend that by
mutual agreement or the City may unilaterally extend that. It is one year for
preliminary plat and two years for final plat. The developer requested additional
time to be safe from any proposed changes from preliminary plat to final plat and
additional time with regard to phase 1 for five years before they would have to re-
Council Minutes (Regular)
June 2, 2008
Page 11
submit an application for review. The master plan PUD protects them from
changes to development standards. It is a protection against the requirement to re-
submit the notice and hearing procedures. The City is limiting it's discretion to
change the rules, but under normal statute if they do not progress from
preliminary plat to final plat within the normal timeframe, they would have to re-
submit. By this agreement, the City is saying for phase 0 and phase 1 the
time frame between preliminary and final plat is 5 years. The final plat for phase 0
is up for approval tonight, so this only applies to phase 1 which is the initial
construction phase for development. They will not have to come back to Council
for approval of the preliminary plat for five years. If they do not go to final plat,
they will have to re-submit all the documentation for both the final plat and
preliminary plat if not done within five years.
Councilmember Pritzlaff asked about the statement where the developer is not
material default under this agreement. City Attorney Jamnik replied the
protection is mutual. The developer is not in default if they live up to their side of
the deal. The City agrees for 20 years not to change any of the criteria listed.
This is for all the phases. If the market conditions change, all the plans that have
been submitted to date may be changed by the developer. At that point the
agreements begin again and negotiations start.
Councilmember Pritzlaff asked about the developer dedicating the right-of-way of
the extension of Deerbrooke Path and public trails from Mystic Meadows to the
intersection of 195th Street as part of the final plat and phase O. The City will
construct and pay for the extension of Deerbrooke Path and public trails as part of
the construction of 195th Street. He asked why the City is paying for Deerbrooke
Path. City Attorney Jamnik stated the developer initially is not constructing many
of the improvements in that area. At least for the next one to two years or longer,
the City is the developer of the infrastructure in that area. The developer is giving
the City the right-of-way, but they do not plan to construct any improvements
there. The City would like the connection to serve existing developments as soon
as possible. The compromise was that the developer would convey the right-of-
way for that extension. The City would take the money collected from previous
developments, approximately $400,000, and use that to construct that connection.
The construction of Deerbrooke Path is estimated to cost $248,000.
Councilmember Pritzlaff noted the roundabouts are to be paid at the time of final
plat approval for the initial phase O. He asked if there is a specific date. City
Attorney Jamnik stated that would be anytime after tonight.
Councilmember McKnight asked if the $248,000 for Deerbrooke Path was part of
the cost estimated. City Engineer Schorzman replied yes, it is part of the 195th
Street construction.
Councilmember Pritzlaff asked about the statement regarding the City shall access
no more than $5,604,000. If the developer does not pay the assessment, the City
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June 2, 2008
Page 12
has all the developable land as collateral. City Attorney Jamnik replied that is
correct, it can be collateral or security interest. It is a very stable funding source.
If they do not pay the assessment, it is triggered into tax forfeiture.
Councilmember Pritzlaff confirmed the county will make the payments for 4 ~
years. City Attorney Jamnik stated on the road construction costs. The county
contribution of $4 million will pay for the bonds for the first several years. As the
development occurs, the assessments will be paid. When the first payment is
missed, staff will know and the developer will be approached. There are
contingencies available to the City with MSA financing to make the bond
payments while the forfeiture procedure takes place. Councilmember Pritzlaff
stated if the City did not use MSA funds as a second means to pay the bonds,
would the City be financially stable in the general fund to make the payments for
5-6 years. Finance Director Roland replied that would not come from the general
fund. It would come from a tax levy, which is what we do with all general
obligation City debt. We would eventually recoup that money and pay ourselves
back as the assessments come in.
Councilmember McKnight stated he would not support taxing the residents to
make up for this. Why would we not look to any reserve, which he would also
not support. Finance Director Roland stated there are two different sources of
funding. There is the general fund or the debt service funds. The point of debt
service funds is to accumulate funds over the life of the bonds in order to pay the
bonds back. That is where the special assessments go and where the money from
the county will go. The money earns interest and that reserve would be to
specifically payoff debt service. Councilmember McKnight confirmed the first
place the City would go would be to the developer.
Councilmember Pritzlaff asked about the statement that the City will in
conjunction with Dakota County, pay 16% of the cost of 195th Street
improvements. He asked why the City is paying 16% of 195th Street. Finance
Director Roland noted that is the total project cost. Parts of the project are the
City's responsibility such as water main, storm water, the re-meandering of the
stream which have always been in the project. They are included in the cost of
the 195th Street project. Adding those numbers plus the cost for Deerbrooke
equals 16% ofthe total $12 million project cost. City Attorney Jamnik stated
195th Street serves as an arterial for the entire area. It does not only serve Fairhill.
It is a major connection in the City's transportation plan from the east side to the
west side and has a grade separation crossing at the railroad that will allow
emergency vehicles to get from the west side of town to the east side. As the
interior part is built out, the normal subdivision standards apply and all local
streets would be the developer's obligation. Councilmember Pritzlaff asked why
the City re-meandered the creek. Mr. Lee Mann replied it was part of the City's
surface water management plan. It was to put the creek back to a more stable
habitat. It was paid for out of surface water management funds. Part of the
stream had to be relocated during the 195th Street project because ofthe bridge.
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June 2, 2008
Page 13
Councilmember Pritzlaffasked if the $12,175,000 was based off the estimate for
the 195th Street project. Before we were looking at $10 million, but the bid came
in at $8.3 million so why are we still figuring the $12 million. Finance Director
Roland explained the $12 million is the construction bid along with the alternate
and 10% contingency, 10% for legal administration and fiscal costs, and 17% for
engineering. The $12 million includes the water as well as the re-meandering and
the portion the City has been collecting in assessments from the other
developments on 195th Street. Councilmember McKnight stated one month ago,
Council received a draft PUD Agreement that had the $12.1 million number. Last
week we received bids $1.5 million lower than expected. So why in the
agreement tonight is the same $12.1 million number. City Engineer Schorzman
stated the previous PUD Agreement was based on the feasibility report, not on
engineer's estimates from the recent project. When the feasibility report was
done the project was estimated to cost $12.1 million. As things went forward,
staff expected the cost to escalate, but the bids came in to match the feasibility
report. Councilmember Pritzlaffstated 16% of$12, 175,000 comes to
$1,948,000. In the 195th Street documents, adding up the City water main, storm
sewer and roadway, it comes to $2,536,005. He asked why those three numbers
amounted to $2.5 million which is $588,000 more than the 16% of the
$12,175,000. City Attorney Jamnik suggested he may have added in sewer and
water and other related costs that may not have been apportioned to that. City
Engineer Schorzman stated part of that may have been the difference from when
the number was put into the PUD Agreement and when the memo was done for
the contribution from the development from the south. When the 16% was
calculated staff had not given the $450,000 credit to put it back into the project.
The percentages in the PUD Agreement would be changed to conform to the
numbers that are in existence in the 195th Street documents.
Councilmember Pritzlaff noted on a per lot basis over 10.5 years the developer
will not be required to post a letter of credit or any type of security for the costs
relating to the construction of the initial 195th Street improvements. City Attorney
Jamnik stated the City usually has the letter of credit to make sure if the developer
does not do the project, the City can execute on the letter of credit, draw the
funds, and finish the project for the developer. In this case, since the City will be
the general contractor on 195th Street and the bridge, the City has arranged for the
financing so we do not need the letter of credit to pay for the initial financing or
construction costs.
Councilmember Pritzlaff stated until the City levies the special assessments, if the
cost of the initial 195th Street improvements is greater than anticipated the City
reserves the right to levy an assessment in a greater amount or levy supplemental
assessments. He asked if there should be an actual number rather than saying
anticipated. City Attorney J amnik stated the anticipated amount is $12.175
million. If there are costs over that, the City reserves the right to levy that
additional cost to the developer.
Council Minutes (Regular)
June 2, 2008
Page 14
Councilmember Pritzlaff noted the agreement states the City will not assess the
developer of any subsequent phases and costs related to 195th Street
improvements. He asked what happens if the development is sold. City Attorney
Jamnik stated then the buyer would be protected from any additional assessments
for additional lane miles. This is a compromise that says the City will not go after
the developer or successors for assessments for additional lanes on 195th Street.
The City reserves the right to do an area wide assessment for lots that are sold to
owners 20 years from now.
Councilmember Pritzlaff stated the agreement reads equal annual installments
extended over a period not to exceed 30 years. He asked if that should be 20
years. City Attorney Jamnik stated that was placed in the agreement before the
bond payment schedule was available. This was the maximum amount allowable
under state law for assessments. The actual schedule will be shorter.
Councilmember Pritzlaff stated this is a 20 year project, but the assessments are
over 15 years. So would it not be best for it to read 20 or 15 years. City Attorney
Jamnik stated further on it spells out what the amount is. The City cannot do
more than 30 years.
Councilmember Pritzlaff asked about financial assurance. The developer shall
post financial assurance required by the development contract for each phase not
to exceed 125% of the estimated cost of improvements within the phase as
determined between the City and the engineer. He asked what the 125% includes.
City Attorney Jamnik replied it would be whatever the estimated cost ofthe
public infrastructure is for that particular phase. In phase 1 if there are 200 lots,
when it goes through the normal process, the engineers would make an estimate
of what it will take to put in the streets, sewer, water and other public
infrastructure to serve that particular subdivision. At that point, that is where we
would traditionally require a letter of credit to secure the costs of those
improvements.
Councilmember Pritzlaff asked why are we not doing anything with SAC charges.
City Attorney Jamnik stated the project is so large and self-contained there are
very few external impacts or facilities necessary to serve it. Water, sanitary,
storm sewer, etc. will be self-contained on-site and built as part of the project and
not part of the overall City system.
Councilmember Pritzlaff asked why we are waiving the surface water
management fees. Finance Director Roland stated this is a self-contained
development. The fees are waived because they will solve their own surface
water management items on their site. They will not be contributing surface
water to the City's system.
Councilmember Pritzlaff noted regarding the parks, the developer will receive
credit from the City against park development fees for any construction or
physical improvements to the public parks and trails within the subject property.
Council Minutes (Regular)
June 2, 2008
Page 15
What is the amount of the credit? Parks and Recreation Director Distad stated it
would be the actual cost of those improvements, such as the cost to grade and
seed the park areas. City Attorney Jamnik stated it would be hard to list that out
over a 20 year period. This is to allow flexibility for the developer and the City as
subsequent phases are developed.
Councilmember Pritzlaff stated there are a couple pages that say reasonable costs
and reasonable period of time. He does not like using reasonable. City Attorney
Jamnik stated the idea is that the City or the developer may not seek unreasonable
terms. The statute says reasonable charges may be collected.
Councilmember Pritzlaff noted the agreement states cash deposition or other
security will only go to the phase affected by default. There is no letter of credit.
City Attorney Jamnik replied there are multiple phases in development at the
same time. The letter of credit for phase 4 will be managed for phase 4. The
letter of credit for phase 5 will be managed for phase 5. We are not to take the
letter of credit for phase 4 and draw on it to pay for improvements in phase 5.
Each individual phase will be managed individually and independently from one
another from a letter of credit security and infrastructure improvement
perspective.
Councilmember Pritzlaff stated the agreement reads failure by the developer to
commence development in phase I within the time frame established and
continues on. If the developer does not develop any phase, whether development
happens or not the City is guaranteed. City Attorney Jamnik replied correct, we
have an opportunity to declare default, but we have the security with the
assessments. After tonight, the City has the right to levy assessments to pay for
195th Street. If development does not occur for 30 years, the assessments will still
be due and payable to the City.
Councilmember Pritzlaff stated when the City issues a building permit for a home
constructed on a lot, then at such time the assessments shall be paid in full. City
Attorney Jamnik stated at the time each final plat comes in for a successive phase,
there will be an apportionment of the assessment amount that should be paid. It
could be apportioned on a per lot basis until the lots are built. When the building
permit is pulled, that apportioned amount for that lot would be obligated to be
paid by the developer. The owner would buy the lot free and clear of the
assessment.
Councilmember Pritzlaff asked about the section regarding the water tower which
states at phase I or a later time will purchase land for the proposed water tower to
be located on the east side. He thought the one acre for the water tower would be
outlotted and the City would not have to buy it. Staff stated it was always the
intent of the Water Board to buy the lot.
Council Minutes (Regular)
June 2, 2008
Page 16
Councilmember McKnight asked about the source of the funds for the $2.1
million. Finance Director Roland stated there is a portion that is water main trunk
costs. The source of the water main City costs would come from the water fund
in the amount of $1 ,042,000. The replacement of the box culverts and re-
meandering costs are $1,043,000 which is in the storm water trunk fund. The
$450,000 identified as City costs roadway, has been put aside since 2004 from
special assessments against other benefiting properties on 195th Street. Part of
this will help pay for the Deerbrooke connection. There will not be a tax levy.
Councilmember McKnight stated at the April workshop they received a sheet
showing the City's potential risk or float amount of$2.5 million. The updated
number lowers that to $2.2 million. If building does not occur, the City is liable
for those dollars. The City Attorney has talked about taking the land. His options
would be the assessments would be paid, second the City could take the land. If
the City did not take the land, what are the options to pay back the bonds?
Finance Director Roland stated there is an alternative source of funding available
to the City which identifies this stretch of 195th Street as an MSA route. This
makes it eligible for MSA construction funding. There is currently $1.6 million
which the City has been banking for MSA projects. $600,000 is committed to the
roundabout which leaves $1 million of MSA which the City would collect and put
in the bank in our funding sources to help offset any future potential shortfall of
debt service. In addition there is $3.7 million in total costs that are assignable to
MSA. The City can go to the state each successive year until we reach the $3.7
million and receive $500,000 per year in MSA construction funds. Those would
be put back into the project to create a pool of money available for the payment of
bonds in successive years after the county pays their portion. The MSA funds are
not dedicated for any other road in Farmington.
Councilmember Fogarty noted there is $310,000 for construction of the TH3
roundabouts and asked if this was the only roundabout the developer would be
contributing to. Finance Director Roland stated it was discussed that there would
be a series of roundabouts but was not sure if that was the final solution. This is
the only roundabout included in the PUD agreement. Financing would have to be
addressed for any future roundabouts.
Councilmember Pritzlaff felt secure because of the 700 developable acres the City
could take, which he does not want to have to do. The county is paying $4.2
million, the state $550,000, just with those two that is the residents' tax dollars.
To be able to use that money and have a project like this come to our community
makes sense that the City is receiving the benefit. This road will be more than
essential for public safety and from the traffic standpoint.
Councilmember McKnight stated he was voting no on this project until 7:00
tonight because of the potential liability. He will vote yes, because we can use
MSA funds if we have to. The east-west connection is very important and the
community park donation. This will allow easier access to the Pilot Knob Road
Council Minutes (Regular)
June 2, 2008
Page 17
businesses. He was financially satisfied that he is not putting the tax payers at
risk with this project.
Councilmember Fogarty thanked staff and the developers for their hard work on
this project.
MOTION by Pritzlaff, second by Fogarty to adopt RESOLUTION R44-08
approving the final plat for Fairhill Park and the Master PUD Agreement and
authorizing the necessary signatures be affixed to the final plat and Master PUD
Agreement. APIF, MOTION CARRIED.
Mr. Peter Gualtieri, of Bridgeland Consulting and representing the Seed family
recognized Mr. James Seed, Adam Seed, Attorney Peter Coyle, and Engineer
Brian Johnson who were instrumental in working with staff and thanked Council
for their support.
Mr. James Seed stated his family has owned the land for 60 years. There is no
way they will walk away from this property. There is a value that is indescribable
and it is not monetary. There is a value in creating something of pride for all of
us. His sons are equally responsible and devoted to the project. To the extent not
everything is defined in the agreement, they will be cooperative.
10. AWARD OF CONTRACT
a) 19Stb Street Extension to TH3 - Engineering
Ten bids were received for the 195tb Street extension project. The alternates for
the street lighting were high so staff recommended rejecting the alternates. The
low bidder was Friedges Contracting Company at $8,371,690.54. The project
was estimated at $10 million. Dakota County will contribute $4.2 million and the
developer will contribute $5.4 million. The City will fund the remainder.
Councilmember Pritzlaff noted there were some issues with Friedges on the Ash
Street project. He asked whose terminology makes the bidder responsible. City
Attorney Jamnik replied it is the Council's determination. If the Council had
significant concerns with a bidder we would go through a process and make a
determination. He was not recommending that avenue tonight. We would have
to prepare a record, send a notice to the contractor, there would be a time allowed
for them to challenge it, a procedure would be set up to insulate the City from a
challenge as well as the award of the contract to the next lowest bidder. None of
the bidders were identified as not being qualified. Councilmember Pritzlaff noted
on the Ash Street project the City did have to hire another company to resolve the
sod issues and there are issues with the placement of the manhole covers. He
asked if the Council had the authority to throw out the Friedges bid and go with
the next lowest bidder. City Attorney Jamnik stated there is not enough
documentation to make that recommendation. Councilmember Pritzlaff asked
about the lighting alternate. The bids received ranged from $303,000 - $377,000.
Staff expected them to be in the $200,000 range. City Engineer Schorzman noted
Council Minutes (Regular)
June 2, 2008
Page 18
the manhole issue on Ash Street was an issue between the gas company and it
turned into a design issue. It was not because the contractor chose to put them
there.
Councilmember Wilson noted the lighting quotes are bunched together. He asked
if $200,000 was a fair market estimate. City Engineer Schorzman stated based on
the quotes received last year for Elm Street that estimate was $233,000. It is hard
to believe the cost jumped that much in one year. Councilmember Wilson asked
if the contractor could be raising the cost of the alternate knowing that the main
bid did not fully price out The main bid is a difference of $2.5 million from the
estimate. City Engineer Schorzman stated the majority of the lighting alternate
includes a maintenance contract for 15 years. If a contractor did that, they would
not have been helping themselves, they would have been helping the person who
does the maintenance on the contract
Councilmember Fogarty stated she is not happy with the Ash Street project. Staff
has explained there is a utility issue. The bottom line is the manhole covers did
not have to be where they are. It was a matter of effort and time. The project was
completed by the time Council realized the placement She holds the contractor
responsible for that The City Attorney is saying we have to accept the bid
because we did not eliminate them from the bidding process. She stated that level
of work will not be acceptable on 195th Street She will be watching this project
like she has never watched a project before. She is leery of the contractor not
taking control of the situation. They are responsible for the contract and the end
product. She was unhappy with some of the things in the end product.
Councilmember Pritzlaff stated this will be a brand new project The change
orders need to be zero. They know what they are starting with and he will not
accept a lot of change orders. People bringing in bids should know what they are
doing and should anticipate what they will run into. If Council requests a change,
that is understandable. If a change order is based on something the contractor
missed in the bid, he will say sorry.
MOTION by McKnight, second by Pritzlaffto adopt RESOLUTION R45-08
accepting the base bid of Friedges Contracting Company in the amount of
$8,371,690.54 and awarding the project. APIF, MOTION CARRIED.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Council Minutes (Regular)
June 2, 2008
Page 19
Councilmember Fogarty: She thanked the Dental Health Center for inviting the
Councilmembers to their ribbon cutting. She thanked staff for the great job on the open
house for the roundabout The information was very accurate and there was a large
turnout. She welcomed the Farmington Lions to Farmington. Their first game was
Saturday night
Councilmember McKnight: Thanked City Administrator Herlofsky, staff, and the
Kuyper family and all those involved in the Beyond the Yellow Ribbon event It was
very educational and there were very moving stories from the veterans and their families.
Councilmember Pritzlall: There are issues with some houses downtown. Residents
are asking Council to look at some type of enforcement or ordinance. The house at 621
Elm Street has been sitting unfinished for almost a year. There are tall weeds at 616 Oak
Street, there are also houses on 3rd Street He wanted to know what the process would be
to clean these up. City Attorney Jamnik stated the long grass is one of the hottest issues
right now. It is difficult to challenge the rights of the property owner with the concerns
of the neighbors. Mayor Soderberg noted the house at Elm and 6th Street is uncalled for.
Councilmember Pritzlaff stated we spent all that time and money to reconstruct Elm
Street to have a nice thoroughfare through the City and we are allowing this. He has
received numerous communications saying this is not what we want our City to be.
There is an unlikely storage place of dumpsters on 8th Street and TH3. It is a cluttered
mess we are allowing to happen. Councilmember McKnight asked what kind of friendly
enforcement can be done. He receives multiple calls regarding a house on 3rd Street with
no siding and no roof. Can we contact them and say we are receiving multiple
complaints from the neighborhood? City Administrator Herlofsky noted the Planning
staff does go out and talk with residents. Councilmember Fogarty asked if the Police
Department could help. City Administrator Herlofsky stated they also become involved.
Staff does their best, but there are limits as to what we can do. We encourage people to
do things that are acceptable to their neighbors and follow-up with letters. Council is
provided with a weekly update on complaints received.
He has attended several events such as the MVT A meeting, the Cedar Group meeting,
and participated in an interview with a radio station. He also attended the Beyond the
Yellow Ribbon event and thanked everyone involved with a special thanks to the Kuyper
family. He gave a special thank you to all the veterans who served. He attended the Beer
Bash which was a fund raiser for the American Legion and it was a good turnout.
City Administrator Herlo/sky: Thanked Annette Kuyper for all her time and effort
with the Beyond the Yellow Ribbon event.
Finance Director Roland: In the past a copy of the current year's financial report has
been at the Library. Since it is now available on the website, there is no longer a copy at
the Library. Mayor Soderberg asked that a copy still be provided at the Library for those
who do not have access to the internet.
Council Minutes (Regular)
June 2, 2008
Page 20
Parks and Recreation
Director Distad: In May 2008 Governor Pawlenty signed into law the
Abigail Taylor Pool Safety Act. There are now certain conditions that must be met with
drain safety in pools. The wading pool does not have dual drains, but staff is in the
process of installing a second drain so we will be in compliance with the new law. The
second requirement is that all drain covers and grates need to be stamped by testing
agencies. Staff is working with the vendor to make sure the drains meet that requirement.
This has to be certified to the State Health Department by July 1,2008. The final
requirement is that all drain covers and grates have daily physical inspections. Staffhas
to physically go down and inspect the drain to make sure the cover is fastened securely.
Staff has developed a checklist to note the daily inspection.
Mayor Soderberg: There is a semi-pro football team in town, the Farmington
Lions. They have held one game and will be here a couple times during Rambling River
Days. There is a link on the Rambling River Days website to their schedule. There was a
press conference for Rambling River Days tonight where the Lions were introduced, the
Hometown Honorees and Grand Marshal were introduced, and Alexis Johnson was
recognized for designing the Rambling River Days button.
Dakota County has implemented an initiative on aging entitled "Living Longer and
Stronger in Dakota County." They identify the challenges and are forming strategies and
projects to deal with aging. They are looking for input on refining the strategies and
projects to make the communities accessible. The kick-off meeting is Thursday, June 12,
2008 at the Dakota Room at the Dakota County Technical College in Rosemount.
Council had asked for a survey of other cities on stipends for boards and commissions.
Farmington was compared with neighboring communities and noted other communities
do not provide a stipend. He asked Council to consider foregoing the EDA stipend in
light of the raise Council received. This will be placed on the next Council agenda.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 10:17 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
(~~~ J-v7~
~
Cynthia Muller
Executive Assistant