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HomeMy WebLinkAbout02.20.01 Council Minutes COUNCIL MINUTES REGULAR February 20, 2001 I. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Attorney Jamnik, City Administrator Erar, City Management Team 4. APPROYEA GENDA MOTION by Strachan, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA Councilmember Soderberg pulled item 7b) Approve Enron Encroachment Agreement - Public Facilities for discussion. Issues under review with Enron involved the siting of the two facilities, storm sewer and related parking facilities and streets to minimize potential encroachments on the easement. Councilmember Soderberg stated when a utility changes an easement, they get more restrictive or end up with more property rights. We seem to give up property rights and become so restrictive, we cannot do much with the property. If the utility wants the property rights, let's sell them the property and give us an easement to cross it. He asked how this agreement changes the original 1948 agreement or the 1970 modification. City Attorney Jamnik replied it does not change the original easement rights. It is an additional agreement addressing the placement of roads, landscaping, and other public facilities over and above the existing easement. It does not broaden their easement rights. Councilmember Soderberg asked if this type of agreement is necessary in light of the earlier agreements. City Attorney Jamnik replied yes, the only way to avoid it would be to not place any landscaping, roads, etc. over the easement. MOTION by Cordes, second by Verch approving the encroachment agreement between the City and Enron. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (2/5/01) (Regular) c) Received Information Capital Outlay - Finance d) Adopted RESOLUTION R20-01 Accepting Donations Senior Center - Parks and Recreation Council Minutes (Regular) February 20, 2001 Page 2 e) Received Information MN Department of Health - Testing Results - Engineering f) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Wetland Health Evaluation Program - Dakota County Ms. Diane Rouse, a representative of Dakota County's Wetland Health Evaluation Program presented to Council the results of last year's study. In 1999 and 2000 there were nine program volunteers from Farmington. She presented the City with the National Association of Counties Achievement Award for participating in the Wetland Health Evaluation Program. b) 2000 Fiscal Review - Finance A preliminary review of 2000 General Fund Revenues and Expenditures was presented to Council. Revenues for 2000 exceeded budget by $171,144, primarily due to building permit activity in the last two months of the year which exceeded all expectations. Expenditures for 2000 were under budget by $68,675 or 1.6%. The preliminary review indicated an increase to the General Fund Balance of $338,283 as compared to a budget increase of $98,464. This increase will bring the Fund Balance to 31 % of Operating Expenditures for the coming year. Councilmember Strachan commented he has been on the Council for five years, and to be at 31 % is a credit to a lot of people. The workforce works lean and smart to get the work done. He thanked staff and all employees for their good work. c) 2005 MUSA Allocation Process Update - Community Development The 2005 MUSA Review Committee is proposed to act as a canvassing board performing within a legislative process to recommend to the Planning Commission and ultimately the City Council the designation of MUSA acres to properties petitioned by the owner. MUSA is areas of land where City sewer is available. The voting portion of the Committee would be comprised of the Mayor, Planning Commission Chair, Parks and Recreation Chair, ISD #192 School Board member along with the City's Community Development Director. This Committee will recommend whether to grant 2005 MUSA designation to requesting properties. The voting committee will be evaluating 12 properties within the City limits and potentially 4 other properties currently being considered for annexation to determine the feasibility of designating MUSA to these properties. The Committee is limited to allocating 610 acres. City staff is recommending relative weights be assigned to each criteria and preparing a calculation spreadsheet for the voting members of the committee. The final score that will determine if a property will receive MUSA will be a composite of the fixed weight percentage multiplied by a points variable. The variable points Council Minutes (Regular) February 20, 2001 Page 3 assigned to each property would be in the range of 1 to 5; thereby creating a composite score that takes into account the committee's perception of the property's importance for MUSA designation and multiplied by the assigned weight for each criteria. The criteria and rationale for weighting the criteria was discussed. Additions to the list include property owners that have recently petitioned for MUSA designation: Dave Finnegan (East of Akin Road and south of Autumn Glen) Molly Murphy (North of the Farmington Middle School Campus) Babe Murphy (within City limits, north of Molly Murphy Property) Dakota County Highway Shop (South of CSAH 50) Michael Devney (East of the Prairie Waterway along CR72) After presentation and acceptance of the 2005 MUSA Review Committee methodology by the City Council, Planning Commission and Parks and Recreation Commission, a meeting of the committee to designate MUSA will be held April 30 - May 4, 2001. MOTION by Verch, second by Soderberg accepting the Executive Summary, methodology and schedule for the 2005 MUSA Review Committee. Any recommendations will be forwarded to the Planning Commission and Parks and Recreation Commission. APIF, MOTION CARRIED. d) Housing Affordability Legislation - 2001 Legislative Initiatives - Community Development The Builders Association of Minnesota and the Minnesota Association of Realtors have recently introduced a legislative agenda dealing primarily with City fees that they cite as barriers to the development of affordable housing in the state. The legislative agenda contains the following suggestions: A requirement that Enterprise Funds or Special Revenue Accounts be established for all development and building fees with no general fund crossover. A requirement for detailed reporting to the state regarding fee revenue that was both collected and expended. A mandatory 10-day turn around on building permit applications. Special assessment appeals waivers for developments would be prohibited. A Plan Check fee would not be allowed for subsequent plan reviews unless there are substantial modifications to the plan for the original application. Staff will continue to monitor the legislative issues that have been introduced and keep the Council apprised of any pending bills that may come before the legislature. Council Minutes (Regular) February 20, 2001 Page 4 e) Consider Resolution - Tamarack Ridge 3rd Addition Development Contract - Engineering The final plat for Tamarack Ridge 3rd Addition was approved by the Planning Commission on January 9, 2001 and by the City Council on February 5, 2001. Following are conditions of approval for the development contract: a) The developer enter into this Agreement. b) The developer provide the necessary security in accordance with the terms of this Agreement. The developer will be responsible for the constmction of 209th Street between TH3 and Cantata Avenue in accordance with plans and specifications approved by the City. The improvements to 209th Street include water main construction. The developer will be responsible for the construction of Cantata Avenue and 20Sth Street between Cantata Avenue and Cambodia Avenue in accordance with plans and specifications approved by the City. c) d) MOTION by Cordes, second by Verch adopting RESOLUTION R21-01 approving the execution of the Tamarack Ridge 3rd Addition (Centex) Development Contract and authorizing its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. e) Acknowledge Resignation - Department of Administration City Administrator, John Erar read a prepared statement to the Council stating he is resigning as City Administrator, effective April 2, 2001. He has accepted the position of City Administrator for Andover, Minnesota. Councilmember Strachan stated John is moving to a City twice the size of Farmington, and is proud that a City of that size wants a member of our staff. Councilmember Soderberg stated he has mixed emotions. He is glad for John's opportunities. He has been a strong, effective leader and has put together a great staff. He has been a great help in learning how to serve on the Council. Councilmember Cordes stated she has enjoyed working with John over the last 4 years. Councilmember Verch thanked John for his good work and wished him good luck. Mayor Ristow thanked John for all the wonderful opportunities that came to the City through his leadership. MOTION by Cordes, second by Strachan accepting the resignation of John Erar, City Administrator with regrets. APIF, MOTION CARRIED. Mayor Ristow then asked for suggestions from Council on the replacement process. The Brimeyer Group was used in the search for John. Word has also been received that a staff person is interested in the position. The Mayor suggested this person be interviewed before an outside search is done. If Council elects not to put this person in the position, then Council has the opportunity to go outside and other candidates would know there is not an internal candidate. Council Minutes (Regular) February 20, 2001 Page 5 Councilmember Strachan stated he does not want to create a situation where Council is placed with an either or choice. Council wants the best candidate. It is always his preference to look inside when you have an organization going in the right direction, which the City does. At the same time Council needs to validate that process and make sure that person is the best person. Council has three choices: 1. To stay inside 2. Receive applications and have Council do the process themselves 3. Use an executive search firm. Councilmember Strachan suggested to allow staff to present Council with these three options, along with the pros and cons. He does not want a recommendation from staff, only what the ramifications of each option would be. Mayor Ristow stated if an application review was done by the City itself, who would look at the applications? Hundreds of applications could be received. Councilmember Strachan replied the City has a Human Resources Director that could drive that process if Council chooses. Councilmember Cordes stated the Human Resources Director would be forwarding applications for her own boss. She did not feel that is a position the Human Resources Director should be put in. If the City was to review applications, it should be a Council review rather than existing staff. Councilmember Strachan stated the Human Resources Director could drive the process as far as making sure it complies with labor law. Mayor Ristow stated it takes a lot of time to go through them and evaluate each one. With a search group that is already done and reduced to 5-10 applicants. City Administrator Erar stated the role of an executive search firm eliminates that type of additional time Council would have to spend. Having an independent review is highly desirable in terms of ensuring Council receives those applicants through a third party. That is the role of an executive search firm, to screen the candidates and provide Council with a pool of candidates that are best qualified after a profile is developed and that will be the mechanism for screening those potential candidates. Regardless of how Council chooses to go, whether it is to move forward with an internal interview before deciding to go with an outside process or whether to go with an outside process, the more viable option is to go with an outside recruitment firm who can process those applications outside. He does not know of any City that has not used an outside firm, unless there is an internal candidate they feel strongly about, and that has chosen to do that internally. Typically it is an outside independent review, just because of the sensitivity of the position and the fact that it reports to Council. The Mayor's point is well taken. There could be up to 100 applications. The recruiter's role is to go through those applications and provide Council with those candidates that most closely meet the qualifications and strengths the Council would want in those finalists. He feels the suggestion of allowing Council time to think. about the process would be appropriate and bring it back at the next Council meeting. Council Minutes (Regular) February 20, 2001 Page 6 Councilmember Soderberg stated there is wisdom in waiting. Based on conversations he has had within the last few hours, if Council does go with an outside firm, it would be to enrich the pool. If there is the perception there is an insider the pool does not become enriched because of the perception someone has already been chosen. He wants to wait until the next Council meeting to make a decision, but he does think the Mayor's suggestion of doing an inside interview initially has some wisdom. At that point, if that particular candidate is not selected, it sends a clear message to the rest of the potential pool that there is no insider. Councilmembers Cordes and Verch also agreed to wait until the next Council meeting. Councilmember Strachan wanted to clarify his point. He is not looking for a recommendation - this is what we are going to do. He is looking for - here are the options and the ramifications of each option so Council can take action from that. Mayor Ristow asked if Council wanted input from the City Attorney. Councilmember Strachan stated he is looking for input from staff in general. Councilmember Soderberg stated if that falls on the City Attorney, so be it. 11. UNFINISHED BUSINESS a) Consultant Appointment Recommendation - 2001 Community Survey - Administration Council authorized a request for proposal process that would lead to the appointment of a qualified firm to conduct a community survey. The City received four proposals from interested firms. Decision Resources indicated that their base survey fee is $8,600 that would include approximately 60 to 70 questions, with additional questions at $130 per question. The survey would be conducted through a sample group of 400 households. A Council workshop date was suggested for March 28, 2001 to discuss proposed topics and questions. A final survey draft would then be prepared and presented to Council for approval on April 16, 2001. Councilmember Strachan stated the City of Lakeville has used Decision Resources and has been very happy with the process. This is a very labor intensive project. Cost of the survey is paid for through cable franchise fees. Councilmember Soderberg noted it is a 400 household random sampling which is about 3-4%. Will that small a sampling give an accurate picture? Staff replied it is statistically reliable. MOTION by Cordes, second by Soderberg authorizing staff to execute a professional service agreement with Decision Resources Ltd. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council member Strachan: The ALF Ambulance Goals and Objectives Workshop will be held February 22, 2001. It is open to the public. Council Minutes (Regular) February 20, 2001 Page 7 Council member Soderberg: He received a letter regarding Medicare being an assigned run and the impact that will have on the ambulance service. Councilmember Strachan stated Medicare has changed how they pay for ambulance runs. It will significantly reduce what ALF can charge. Minnesota Senators are supporting a change in this. ALF has changed accounting in order to mitigate the situation. Councilmember Verch: Farmington Rescue received the Minnesota Rescue Squad of the Year for 2000. The awards dinner will be March 3, 2001. City Administrator Erar: The City sales tax exemption bill for public facilities is scheduled for a committee hearing on March 1,2001. Finance Director Roland will be attending. An Akin Road Neighborhood Meeting will be held February 22, 2001. The City has electronically converted it's entire City ordinance. It is available on the City's website. Citizens have complete access to all ordinances. Staff also has it available on the network. This will provide a more efficient use of resources, rather than searching through a large book. Farmington is one of three cities in Minnesota that has this capability. Councilmember Soderberg stated he suspects this is in large part to City Administrator Erar's efforts and expertise on the computer, is that correct? City Administrator Erar stated he has to also recognize Karen Finstuen, Administrative Services Manager. Karen was assigned the project to move it forward and talk with the vender. It is the same vender the City uses for codifying. Karen was actually the project manager on this and moved it forward. City Administrator Erar's part was to receive the CD, install it on the network, and put it on the website. It was a dual effort on the part of City staff. This will be a remarkable time saver. There is a search engine, a find feature, cut, paste and print. City Administrator Erar received a call from a local area newspaper regarding concerns expressed regarding the MVT A. There was a recent survey conducted of license plates from various communities using facilities in Apple Valley and Burnsville who are part of the MVTA taxing district. It was noted 16% of the vehicles there are from Farmington, and concerns are being expressed even though our residents are using the facilities, we are not contributing to the facilities. His response to the reporter was that it is a public facility, we have not reached the threshold yet and will continue to monitor the situation. Lakeville has also been identified as a community that uses these facilities. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~h/~ Cynthia Muller Executive Assistant