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HomeMy WebLinkAbout07.16.01 Council Minutes COUNCIL MINUTES REGULAR July 16, 2001 1. 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, Interim City Administrator Roland, City Management Team 4. APPROYEAGENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Jeri Jolly, 1004 Maple Street, stated last year they sold a portion of their property for an easement to construct 11 th Street. As the City has an odd/even watering restriction, she received a citation for watering the sod on the wrong day. The sod was installed by the developer after messing up her yard when the street was installed. She did not intentionally break the law, and did not know she needed an exemption permit. With the watering ban, the rules are changing faster than the media can keep up with. She agrees that Farmington needs safe water conditions, but would like the City to consider giving residents some slack. She feels the citation is harsh. She suggested a warning be issued first, as everyone is not aware of the rules. This is a minor issue as far as the ticket is concerned, but a major issue as far as how City government is viewed. a) Nelsen Hills Twin Homes Grading Concerns Mr. Kevin Hofman, Attorney for Nelsen Hills Townhome owners, listed several items as follows: a fire hydrant is below grade; water shutoffs are 6-10" above grade; the grading process has been partially done but it needs to be finished and sodded; trees need to be planted; sod has been placed over gravel; and a retaining wall needs to be replaced or repaired. The owners would like to know when and what will be done and who will be doing the work. City Engineer Mann stated there are some things that still need to be taken care of. A lot of the grading has been done in the last 2 weeks. Staff was asking the Council for authorization to have the City contract for the work to be done and to recoup the funds from the developer. Council Minutes (Regular) July 16, 2001 Page 2 Mr. Al Larson, 18588 Euclid Path, stated Siska has not at any time complied with the City. There is a stop work order on a unit. Councilmember Strachan stated the City will have the work completed by using the surety. The City is not waiting for Siska to do the work. The question is when the City can contract to have the work done. City Engineer Mann stated when Council authorizes the expenditure of additional funds beyond the surety, staff will seek quotes to complete the work and forward a schedule to the residents and Council. Interim City Administrator Roland stated a letter has been sent to Siska indicating the City is finished with discussions with Siska, proposes to complete the work and to provide for the cost by coverage of the surety and anything to come out of City funds to be recouped by the builder. Mr. Larson asked how soon this will be completed. Mayor Ristow stated as soon as this is approved by Council, staff will be able to obtain quotes. City Engineer Mann stated local contractors will be asked to provide quotes as soon as possible. Staff could request a schedule with the quote. Mr. Larson then stated the fire hydrant in his yard is quite low and not flagged. Councilmember Soderberg stated that is a public safety issue and should be addressed as soon as possible. City Engineer Mann stated staff will review that item and if it is a significant public safety hazard that item can be dealt with separately as an emergency item. Ms. Kelly Canada, 18568 Euclid Path, asked when staff had Siska there to receive quotes, will the City be getting estimates for completing the same work or only what is covered by the surety plus some? City Engineer Mann replied there was a retaining wall requested along Pilot Knob Road. The City does not have any plans showing that wall was ever proposed. All the other items will be included in the quotes. Whether that is $11,000 or $9,000 it is the City's intent to get the job done. Ms. Canada then asked regarding the time frame and wanted reassurance this will be stayed on top of. Councilmember Cordes stated Council will stay on top of it, but cannot assure her when they will be able to get the workers there. Ms. Canada stated that Assistant City Engineer Gross had told them once the approval is received and the workers come in, it would take no more than 1 week to complete the work. Councilmember Strachan stated staff has to live within the requirements as far as bidding. Staff also has to follow the contractor's schedule. Ms. Pat Larson, 18588 Euclid Path, stated everyone is getting very disgusted. It has been 2 years with no sod and no yards. Siska completely dug up one yard and have nothing but dirt. She asked Assistant City Engineer Gross if they would have to wait until September to get sod. She stated he told her they will not have to wait until September. If the work is not done by Siska by last week Wednesday, the City would have it done in 2 weeks. Now she is hearing September or maybe later. Councilmember Strachan stated the Council is trying to be careful not to make promises they cannot keep as far as timing. The City will be stepping in to get the work done. When this is approved, staff has received specific instructions to get the work done. Mayor Ristow asked how an occupancy permit was issued? Community Development Director Olson replied Council Minutes (Regular) July 16, 2001 Page 3 typically temporary C.O.'s are issued during the fall and winter months, and with the as-built survey requirements, they are issued year round. Most of the time grading and sodding are completed within the time allowed. Mayor Ristow assured her Council and staff will do everything they can. Ms. Nancy Maxwell, 18894 Euclid Path, stated for 2 years residents have been restricted in water use. She felt that should be enough notice to the City that there are not adequate facilities so people can do as they need to do. What is the City doing to provide adequate facilities? Mayor Ristow stated there are new well sites projected. The Water Board has purchased land. City Engineer Mann stated discussions are preliminary as to when the next well will be drilled. Mayor Ristow stated staff will research how long this has been in process. Ms. Maxwell stated it is not the citizen's fault if there is not enough water to fight a fire, it is that the facilities are not adequate and we need to stop talking and do something about it. Mayor Ristow stated he would agree. Ms. Maxwell stated she feels unfortunate- that she moved here. She put a lot of money in her yard. She is a very busy person and has to live her life around a sprinkler plan. It is time to start spending money appropriately. Water would be one of the first things she would expect from the City. Forget the self-esteem training and all the other garbage, get the water. Mayor Ristow stated a lot of calls have been received regarding the watering restrictions and there has been a lot of confusion with the notices. It is not a direct shot at the Water Board, but there was a policy brought to the Council last November requesting an odd/even sprinkling system and Council rejected it. The Water Board has the authority to override Council and that is what they did. They felt they needed a watering ban, and the Water Board has the authority according to State statute. It has been hot and dry and people do vent. Mayor Ristow stated he does believe if you have the product you should be able to use it. Unfortunately, a month ago we were complaining it was too wet. Things can change and it is hard to predict. Mayor Ristow stated we need to do some coordination with the Water Board and Council and communicate a little better when things like this do come up. A lot of people do not get the newspaper or cable TV. One minute it is stated you can get a permit and the next minute the Independent ran an article stating 10 a.m. - 6 p.m. Then there was also an ad that did not address the timing. It is no one's fault it is just a matter of trying to get the word out there. People have new sod and depend on the water. The City is working on getting new supplies of water. He suggested sending a mailing in the future so everyone is aware of the situation. Councilmember Strachan stated the Water Board is tasked with planning and making rules about the water in conjunction with Council. It is a balance of prudent fiscal management and at the same time making sure we have enough water for fires. The Water Board does a good job. This is an extremely long dry period. We could spend millions of extra dollars to build new facilities with an increase in water rates. A lot of cities are in the same boat. There are plans in the books. Mayor Ristow stated perhaps people that watch the water levels can take notice if it is happening quicker than we can refurbish, maybe we need to act a little quicker. He is not saying they did not act quick enough, it took us off guard. Councilmember Cordes stated the water levels can drop all at once and feels the City did the appropriate thing. Mayor Ristow stated when residents Council Minutes (Regular) July 16, 2001 Page 4 have $5,000 worth of sod, the City could run into the situation of who pays for the sod? Communication plays a big part. The Water Board will meet July 23, if those who received citations would like to address it. 7. CONSENT AGENDA Item 7a) was pulled as some Councilmembers were absent from the meetings. MOTION by Verch, second by Cordes approving Council Minutes (6/18/01) (Regular). Voting for: Ristow, Cordes, Strachan, Verch. Abstain: Soderberg. MOTION CARRIED. MOTION by Soderberg, second by Strachan approving Council Minutes (6/26/01) (Special). Voting for: Ristow, Cordes, Verch. Abstain: Soderberg, Strachan. MOTION CARRIED. MOTION by Soderberg, second by Cordes approving Council Minutes (6/27/01) (Special). Voting for: Ristow, Cordes, Soderberg, Verch. Abstain: Strachan. MOTION CARRIED. Item 7b) Approve Lease Contract Public Facilities, was tabled until a future meeting. MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: 6. a) Authorized the use of City funds to complete the necessary grading and sodding issues at Nelsen Hills Townhomes. Further authorized staff to consider action to recoup costs for the work from the builder. 7. c) Approved Appointment Recommendation - Community Development d) Received Information Capital Outlay - Police Department e) Received Information Capital Outlay - Parks and Recreation t) Adopted RESOLUTION R64-01 Approving Gambling Event Permit - Dakota Electric - Administration g) Adopted RESOLUTION R65-01 Approving Gambling Premises Permit - Eagles Club - Administration h) Received Information Customer Service Response Report - Administration i) Approved Donation Ramble Amble - Parks and Recreation j) Received Information Quarterly Building Permit Report - Community Development k) Received Information Schools and Conferences - Finance I) Received Information Schools and Conferences - Public Works m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Vermillion Grove Wetland Alteration Permit - Community Development Rottlund Homes has submitted a Wetland Conservation Act Application for road fill on DNR Protected Water Basin in the Vermillion Grove project. The application is required when projects are proposing to impact water/wetland Council Minutes (Regular) July 16,2001 Page 5 resources regulated by local, state and federal agencies implementing the MN Wetland Conservation Act of 1991. A Notice of Application was mailed on January 31, 2001 and initial comments on the application were due February 22, 2001. The City issued a 60-day extension for submitting comments on the application to June 11,2001. The grading plan indicates that wetland fill has been reduced from the original application of 14,800 square feet to 8,400 square feet in the revised application. The project involves the relocation of the driveway access to Akin Road from the Dale Pettis property. The existing driveway access from the Pettis property will be removed and this area will be regraded to match adjacent slopes. Additionally, the mailbox and split rail fence will be relocated. The Developer proposes to relocate the driveway to the back of the Pettis property in order to access 198th Street that requires the wetland fill. The process requires that the City, acting as the Local Government Unit, approve the application and prepare a Notice of Decision for distribution to the reviewing agencies. MOTION by Verch, second by Cordes approving the Wetland Conservation Act Application for the wetland fill to DNR Protected Water 19-353W in the Vermillion Grove project. APIF, MOTION CARRIED. b) Request for Plat Filing Extension - Vermillion Grove - Community Development The Developer received approval from the City Council for the Vermillion Grove Final Plat on February 5,2001. Section 11-2-3(E) of the City Code requires that upon approval of the final plat by City Council, the Developer shall record the final plat with the Dakota County Recorder within 75 days after the approval. The Vermillion Grove Final Plat should have been recorded by April 20, 2001. However, the Development Contract explains in article 2( d) that "the Developer record the plat with the County Recorder within 75 days after Council approval of the final plat or 30 days after the execution of the Development Contract." The City Attorney has suggested to eliminate the filing method of "30 days after the execution of the Development Contract" from future Development Contracts in order to remain consistent with City Code requirements. The Developer has requested an extension for recordation of the Vermillion Grove Final Plat to the end of October to allow Rottlund Homes to obtain the required securities as stated in the Development Contract. MOTION by Strachan, second by Soderberg approving a time extension for the filing of the Vermillion Grove Final Plat with the County Recorder to the end of October. APIF, MOTION CARRIED. c) Annexation Petition - William Adelman Property - Community Development William and Audrey Adelmann had previously filed a petition to annex 150.96 acres located in the NE 1/4 of Section 1, Eureka Township (corner of Denmark Avenue and 220th Street). State Law provides that Eureka Township has up to 90 days to file a formal objection to the annexation petition. Eureka filed this notice on May 14, 2001 with the Minnesota Office of Strategic and Long Range planning - Boundary Adjustments and the City of Farmington. The following steps would need to be followed if the City wishes to continue to proceed with the annexation petition: Council Minutes (Regular) July 16, 2001 Page 6 1. The City would adopt a formal resolution accepting the annexation petition and forward that document to the state. 2. The State Office of Boundary Adjustments would take jurisdiction of the matter and determine if the Township's objection was filed in a timely manner. 3. The State would set the matter for a hearing within 30-60 days of receiving the petition. 4. The state has indicated that prior to the hearing that the parties would be required to meet by themselves at least three times to work things out and report the results. 5. If still unresolved, mediation will be the next step delaying the hearing date and would cost the parties between $2,000 - $4,000. 6. If still at an impasse, arbitration or an Administrative Law Judge Hearing would be conducted at a cost of$15,000 - $25,000. 7. Litigation of the result of this process is also a possibility with an undetermined cost. The Council was requested to consider two options: 1. Instruct staff to prepare a resolution accepting the annexation petition; or 2. Indicate that the City does not wish to further pursue the annexation petition received from William Adelmann at this time. Mayor Ristow asked if Mr. Adelmann had any questions. Mr. Adelmann stated he wanted to know how the Council felt. Whether to go ahead with the annexation or let it go. Mayor Ristow stated in discussions with Mr. Adelmann, so far the process has cost Mr. Adelmann $1,168. He then asked if Mr. Adelmann was under the impression after the workshop with Eureka Township and Farmington that the process would move ahead. Mr. Adelmann stated that was the impression he received. He did not realize there would be a problem with the township. He would withdraw the request if Council would consider a 60 acre annexation. Councilmember Strachan stated he is not interested in an adversarial process with Eureka Township. The best resolution is for Eureka and the City to continue to meet. In the workshop, Eureka wanted to know if this land was annexed, what would come next? Councilmember Strachan stated he did not have an answer for them. Until Eureka has those answers they will continue to object and 60 acres at a time does not answer that question. Councilmember Soderberg stated he thought they would entertain conversation regarding an orderly annexation, but there is a time schedule. Councilmember Strachan suggested Mr. Adelmann ask Eureka what would make them comfortable with this process. Mayor Ristow stated Mr. Adelmann wants to know if he brought in 60 acres, the township cannot file an objection under the rules. Community Development Director Olson stated Council has the discretion whether or not to approve it. Mayor Ristow stated from the workshop, Council wants to make sure what Eureka's concerns were and what the land would be used for. Mr. Council Minutes (Regular) July 16,2001 Page 7 Adelmann stated that is why he wanted to annex, because he thought the City would have some ideas on what the land would be used for and what it is worth. City Attorney Jamnik stated the action at this meeting is only for this petition. If an orderly annexation process is agreed upon between the City and Eureka, it is possible to annex the 150 acres and any other land. Mr. Adelmann would not need to file another application. By rejecting this petition, Council is not rejecting the idea to development an orderly annexation process with Eureka. Councilmember Soderberg stated it would be more productive to reason with the township. Mayor Ristow then asked Mr. Adelmann if he had any other questions, because when they talked, Mr. Adelmann had indicated he was concerned with the fee. Mr. Adelmann stated he was wondering about it, if it is gone ifhe withdraws his request. City Attorney Jamnik stated the application was filed and both staff and the attorney's office have done a substantial amount of work on this. The state has opened a file on it, Eureka has reviewed it and responded, so it has gone down the road quite a ways to simply close the file. It is not a situation where you can just refund the application and think it has never happened. What is being considered now is a motion by Council to close the file and decide not to proceed with the annexation. That was communicated clearly to the applicant in the beginning that there is no guarantees that anyone would come in free and clear of any township objection, or if the land did come in that MUSA would be extended or development occur. His concern is there are many other property owners that will have annexation petitions filed with the City. If the end result is every time we process up to 3-6 months, we decide not to go forward with it and we refund the application, that ignores the requirement for the application. The fee is not only for successful annexations, but for the process. If there is an orderly annexation agreement, there is no fee because then it is an agreement between the City and the Township. Mayor Ristow stated he would agree, but what he is hearing from Mr. Adelmann is that he gave a check. Mr. Adelmann stated he was assured there would be no problem getting annexed. Mayor Ristow stated so when you came in to apply for the petition someone told you there would be no problem? Mr. Adelmann said yes, because it is bordering the City on two sides and other criteria. Mayor Ristow asked if that was when he issued the check. Mr. Adelmann replied yes, he wrote the check out and he thought at the time they were going to hold the check. Mayor Ristow asked why he thought that way, was it insinuated that way or were you told that? Mr. Adelmann stated he is not sure, but he was surprised when the check came back. Community Development Director Olson stated Mr. Adelmann filed his application in August 2000. The check was deposited shortly after the application was filed which is typically our practice. The fees are associated with the cost of processing the application. All applications that were pending at that time were put on hold while the MUSA discussions and criteria and the procedures by which the MUSA expansion process was going to be reviewed were discussed, so another letter was sent in January to all property owners that had previously petitioned for annexation Council Minutes (Regular) July 16,2001 Page 8 asking if they wished to proceed. A new application was filed by Mr. Adelmann in January and that is when the process began. The City does not make it a practice of telling people there is not a problem, it has a public review process to go through. Annexation and MUSA are not guaranteed. Mayor Ristow stated based on that, it did not take the full course. Community Development Director Olson replied no it has not. The 90 day notice is what triggered the workshop with Eureka. Mayor Ristow asked if there would be some rebate since there was a misunderstanding? City Attorney Jamnik stated his recommendation would be no, because annexation petitions sometimes do not go the way the applicant wants, and if every time it does not go their way, the City refunds all or a portion of the fund, you will have more people making applications as well as a difficult question for Council as to what cases justify a refund of the fee. The file has been open and we have been working on it for a year. Councilmember Soderberg stated Council would be opening a Pandora's box because there have been requests for refunds for application fees for conditional use permits, variances, and other items. The process is there is no guarantee the process will go in their favor. Mayor Ristow stated Mr. Adelmann is telling us there was a guarantee that there was no problem. He has known Mr. Adelmann for many years, and he is a truthful man and he respects what Mr. Adelmann is telling him. The Mayor stated he is not insinuating that staff made the accusation either. There is some miscommunication and he would suggest an investigation as to what happened in the process, or recommend if it did not take the full process and was stopped half way through why should he pay the full fee? Councilmember Soderberg stated when it was first brought to Council, we indicated a willingness to bring it in. If Eureka had not objected, it would have been a done deal. City Attorney Jamnik stated if Council decides on option 1, the fees would come out of the General Fund. Councilmember Soderberg stated they do not want to get into an adversarial relationship with Eureka. It is much more productive to work out an agreement. Councilmember Strachan suggested staff send Eureka a letter outlining what has been discussed and request to continue the process of developing an orderly annexation agreement. MOTION by Soderberg, second by Cordes indicating the City does not wish to further pursue the annexation petition received from William Adelmann at this time. APIF, MOTION CARRIED. d) Consider Ordinance - Rezoning Benham Property A-I to B-l- Community Development Lowell and Janet Benham, 21228 Chippendale Avenue, are seeking approval to amend the 2020 Comprehensive Plan for No Designation to Business and to rezone properties from A-I to B-1. The two parcels are located on the northwest corner of Trunk Highway 3 and 213th Street. The two parcels, totaling 1.88 acres were approved for annexation on June 18, 2001. The properties were not considered within the 2020 Comprehensive Plan because they were still part of Empire Township. The existing land use is single-family residential. The B-1 zoning district is located along certain segments of Trunk Highway 3 to Council Minutes (Regular) July 16, 2001 Page 9 accommodate vehicular oriented type businesses. Staff is in the process of coordinating realignment to the frontage road along Highway 3 to be relocated to the rear of the fronting properties. The owners are willing to swap the property containing the frontage road with the necessary right-of-way needed for the new roadway. MOTION by Verch, second by Soderberg adopting RESOLUTION R66-01 amending the 2020 Comprehensive Plan from No Designation to Business. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes adopting ORDINANCE 001-466 rezoning the subject property from A-I to B-1 concerning the subject property as described in the legal description. APIF, MOTION CARRIED. e) Trunk Hwy 3 Bridge Funding Considerations - Engineering MnDOT is proposing to replace the bridge on Trunk Highway 3 located just north of County Road 66. This bridge is located in Empire Township. There are two funding issues related to the replacement of the bridge for Council consideration. MnDOT would participate in the costs of aesthetic improvements for the bridge up to 5% of the construction cost of the bridge, approximately $25,000 - $30,000. This would allow for a painted railing and coloring of the concrete on the bridge. Improvements similar to the aesthetic treatments on the bridge over the river on CSAH 50 could cost $75,000 - $100,000 or more. Costs over and above MnDOT's cost participation levels would have to be paid for by Empire Township and/or the City. Empire Township has indicated they are not willing to fund additional aesthetic improvements on the bridge over and above the improvements MnDOT would fund. The City would also not be able to participate in the aesthetics of the bridge since the bridge is not within the City limits. The second issue is the turn lane for the future 20gth Street. It is in the City's transportation plan and the County has identified the need that 20gth Street be extended westerly in the future from its current terminus to Trunk Highway 3 at the intersection with County Road 66. When 20gth Street is extended to TH3, a right turn lane for south bound traffic on TH 3 needing to go west on 20gth Street will need to be part of the intersection. The estimated cost to expand the bridge to include the right turn lane is approximately $61,000. Staff recommended that this turn lane be included with this project now due to the future construction cost implications and unknowns regarding possible changes to design standards. MnDOT would require that the City pay for 100% of the cost of the additional improvements necessary to construct the bridge to accommodate the future right turn lane. Councilmember Soderberg stated it would be great to have the aesthetic improvements and the turn lane, but it is tough for him to justify spending City tax dollars for a project that is not in the City. Mayor Ristow stated he would agree but at this point the bridge is just being expanded. City Engineer Mann stated they would not actually stripe a turn lane at this point. Councilmember Cordes stated she would also have a problem justifying spending $61,000 when it is not on City property. Councilmember Strachan stated the Council Minutes (Regular) July 16,2001 Page 10 expansion of20Sth Street will also benefit Empire Township. He supported doing the turn lane now and requesting Empire to participate in the cost. Council denied participating in the aesthetics of the proposed bridge. MOTION by Verch, second by Strachan authorizing staff to indicate to MnDOT the City's desire to see the southbound right turn lane constructed with the proposed bridge project and that the City would agree to pay for the additional costs to construct the bridge with the subject turn lane. Staff will also communicate with Empire Township to participate in a percentage of the cost. Voting for: Ristow, Strachan, Verch. Voting against: Cordes, Soderberg. MOTION CARRIED. t) Consider Resolution - ISD 192 - Request for Improvements - Engineering ISD 192 has requested installation of infrastructure improvements necessary for the development of the new elementary school site to be located west of the Charleswood development, south of 195th Street, on the former Nordseth property. In order for the School District to develop the new elementary school, sanitary sewer and water main need to be extended to the site and 195th Street needs to be extended westerly from its current terminus west of CSAH 31. Sanitary sewer would be extended from the south and water main would be routed from the east and looped through the site to the south. 195th Street is a County Road and the County asked the City to construct 195th Street on behalf of the County. An agreement would be drawn up between the City and the County to defme terms of the project and cost sharing allocations. MOTION by Cordes, second by Soderberg adopting RESOLUTION R67-01 ordering the preparation of feasibility reports for the 195th Street, sanitary sewer and water main improvements requested by the School District. APIF, MOTION CARRIED. g) Consider Resolution - Middle Creek 3rd Addition Development Contract - Engineering The Development Contract for Middle Creek 3rd Addition was presented to Council. The conditions of approval are that the Developer enter into this Agreement and the Developer provide the necessary security in accordance with the terms of this Agreement. MOTION by Verch, second by Soderberg adopting RESOLUTION R68-01 approving the execution of the Middle Creek 3rd Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Akin Road - Speed Study Timing - Engineering The speed study that MnDOT is going to perform for Akin Road needs to be scheduled. The question has been raised regarding whether the study should be performed before the proposed improvements have been made to Akin Road or after the improvements are completed. Staff and the City's traffic engineer recommend that the speed study be performed after the improvements to Akin Road are complete. MnDOT would be willing to do before and after studies. Council Minutes (Regular) July 16, 2001 Page 11 MOTION by Cordes, second by Strachan to perform a speed study before and after the Akin Road improvements. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Accept Resignation Heritage Preservation Commission - Administration Beverly Marben has resigned her seat on the HPC as of June 21, 2001 because she is moving from the City. The term of this seat is through January 31,2004. Staff had an application on file from a resident that meets the qualifications in the City Ordinance with his architectural education and work experience. It was agreed to interview the candidate prior to the August 6,2001 Council Meeting. MOTION by Verch, second by Cordes accepting the resignation of Beverly Marben from the HPC. APIF, MOTION CARRIED. b) Consider Surfacing of Outdoor Rink Middle School - Parks and Recreation The 2001 CIP authorizes the construction of a third hockey rink at the Middle School Rink site. The Parks and Recreation Commission recommends that the current rinks be paved prior to construction of additional rinks. By paving the rinks, the youth could use them year round for inline hockey and skateboarding. A possible skateboard/skate park could be placed on one of the rinks. The Park and Recreation Commission recommends that up to $5,000 be provided to match funds that the students raise for a skate park. A low quote of $35,062 was received from Bituminous Roadways for the paving of the outdoor hockey rink. MOTION by Soderberg, second by Verch approving paving the outdoor rink at the Middle School Rink site and approving up to $5,000 of matching funds for a Skate Park. APIF, MOTION CARRIED. c) Fiber Optic Cabling Connections Downtown City Facilities - Finance Staff investigated the possibility of installing fiber optic cable between City Hall and the Senior Center and downtown Liquor Store. This would allow these facilities to be connected to the Citywide computer network. The connection to the Senior Center would cost $9,000 and the connection to the Liquor Store would cost $6,300. MOTION by Cordes, second by Soderberg approving installation of fiber optic cabling between City Hall and the Senior Center and Liquor Store buildings to be funded by the Communications fund. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Strachan: The ALF Ambulance Financial Audit was given to Council. Finance Director Roland: Reminded Council there will be 2 meetings this week. Tuesday, there will be a reception for the 5 City Administrator candidates. Wednesday evening there will be a Council Meeting to interview the candidates. Council Minutes (Regular) July 16,2001 Page 12 City Engineer Mann: Bids were received on the 195th Street project. They will be forward to Council August 6, 2001. Mr. Tom Jensen, a member of the Water Board, addressed the Council regarding the watering restrictions. He stated the Mayor has known him for 40 years and sometimes Mr. Jensen says what he feels and it may upset people and it may not. Mr. Jensen was upset tonight because of the jab the Water Board got about how Council did not want the restriction and the Water Board overruled Council. The Water Board attends the meetings, studies the situation and listens to the Engineer and the lawyer and decides what is best. The Water Board felt the City had to have a watering restriction and he is glad they do have one. As far as all the trouble, he apologized for it. The City water tower was down to 3.8 feet of water. If there had been a fire, the City could not have handled it. The Water Board felt they should put on a full ban, including sod and seed. The City Attorney suggested they not do that because of the possible litigation over dying sod. But because of the situation the Water Board decided to go ahead with the ban anyway. It is not because there are too many people living here, the City has the water capacity. It has been dry and people have been watering. People with sod water continually all day and it does not need it. The Water Board went with the odd/even restriction after two days with no watering from 10 a.m. to 6 p.m. Flyers were distributed house to house. It was mentioned earlier, Lakeville did not have a watering ban. Three weeks ago Lakeville asked Farmington to open the valve because they had 9 feet of water and they have 11 wells. The Water Board said no because Farmington would lose all it's water. Mr. Jensen said he is sorry it confused people, but it will remain this way and be discussed at the next Water Board meeting on July 23, 2001. The Water Board has to have a chance to fix the situation. We try to keep water accessible to people. The Water Board did not see this coming. If residents think we are not doing our job, come to our meetings. Don't start beating us up when you don't know what's happening. Mayor Ristow stated he thinks he is the one that made the comments. He stated he made it very clear that all our boards are appointed and supported by the Council. There were a lot of questions from the people that called. He told the residents Council appoints these people and supports their decisions. There was no direct stab regarding the Water Board's planning on his part. The Mayor stated he supported the Water Board's decision. Three Council members did not support the watering restriction proposal when it was first brought to Council. The Water Board decided to go ahead with the restriction three months later. That is how the process works. Mr. Jensen stated he would rather have brown grass than a house burn down. Mayor Ristow stated he did not want Mr. Jensen to leave with the impression that he was making accusations that he was not doing a good job. Mr. Jensen stated that is what he heard from Council, but not all of you. Mayor Ristow said he knew he spoke, but that was not his intent. Mr. Jensen replied Mr. Mayor then I am directing that to you. Mayor Ristow apologized but he was trying to make it clear to the residents how the process works. Councilmember Soderberg stated given the circumstances, the right decision was made. Mr. Jensen said it was a hard decision to make. He also wants to water. How do you explain to residents that their neighbor with new sod can water, but they can't? Mayor Ristow stated that is why we appointed you to the Water Board. We knew you would make the right decision. After the July 23 Council Minutes (Regular) July 16, 2001 Page 13 meeting, a letter will be sent to residents. Councilmember Soderberg discussed the fines and suggested the City could issue warnings first and then a fine. City Engineer Mann stated the enforcement is for the odd/even part of the policy. That policy has been in effect over a year. Every household received a copy of that policy. If residents have a sod/seed permit that has not expired, they only receive a warning. We are not citing until all residents have been informed of the 10 a.m. - 6 p.m. restriction. Exemption permits are currently not being issued. Mayor Ristow asked it be conveyed to the Water Board that whatever decision is made to get the message out. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7~ ~"~ Cynthia Muller Executive Assistant