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HomeMy WebLinkAbout03.25.98 Work Session Minutes MINUTES COUNCIL WORKSHOP MUNICIPAL CONTROL OF INFRASTRUCTURE MARCH 25, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 6:30 P.M. Members Present: Ristow, Cordes, Fitch, Gamer, Strachan Members Absent: None Also Present: City Administrator Erar, Attorney Jamnik 2. APPROVE A GENDA MOTION by Gamer, second by Fitch to approve the workshop agenda with the following changes: Move item IV Discuss and Review Conflict of Interest Issues to the third position and move item In to the fourth position. APIF, MOTION CARRIED. 3. DISCUSS AND REVIEW CONFLICT OF INTEREST ISSUES City Administrator Erar presented potential conflict of interest issues as outlined in his memo dated 3/25/98. Remedies were identified to resolve potential conflicts regarding the City Engineer. Attorney Jamnik indicated that a potential conflict of interest would exist when an elected official actively owns property and would, in all likelihood, personally benefit from proposed development activity. With respect to the elected official's formal involvement in a policy that would ultimately affect the developer in which the elected official has a personal interest in, it is likely that a potential conflict of interest exists. However, as indicated by the City Attorney, the decision remains with the elected official. 4. REVIEW OF MUNICIPAL CONTROL POLICY City Engineer Lee Mann explained the purpose of the policy is to establish the City's policies and procedures for the construction of public streets and utilities in new developments. It is the City's responsibility to provide and ensure the public health, safety and welfare through the City's infrastructure, including the sanitary sewer system, storm water drainage system, transportation systems and related appurtenances. These facilities require substantial investment ,;yf taxpayer dollars and it is important for the City to clarify the City policy toward constructing new public improvements in developments. This policy, if put into place, would ensure consistency and compatibility with existing utility systems, ensure all construction meets City standards, avoid potential insurance liability problems, ensure completion deadlines, ensure as-built plan preparation and Council Workshop March 25, 1998 Page 2 filing and minimize the amount of staff time spent in educating numerous privately- employed design personnel. 5. DISCUSS DEVELOPMENT COMMUNITY ISSUES AND CONCERNS Representatives of BA TC (Builders Association of the Twin Cities) were present to express their concerns with a Municipal Control ofInfrastructure Policy. They noted that all rapidly growing cities struggle with these same issues and thanked the City Council for the opportunity to take part in the process. They stated that it is easiest to work with a City with tight standards and that the changes made in the past two years have been very positive. The developers feel they are taking the full risk and are willing to take on that liability. They feel the City has full control of the public infrastructure and that the checks and balance of public engineers and the developers' engineers are better than one. The lack of inspections was identified as a problem along with how the City deals with private engineers and bad engineering practices. The developers feel they cannot afford to have a relationship with a bad engineer, and that the City must have a method and the ability to deal with this problem. 6. COUNCIL DISCUSSION AND REVIEW Council asked staff if the City currently has development standards. Administrator Erar told the City Council that staffhas standard plates and a development manual. The lack of continual and adequate inspections in the past became the focus of a lengthy discussion. Representatives from BA TC noted policies in other cities whereby the inspections are charged to the developer via the Developers Agreement. 7. CONCLUSION - POLICY DIRECTION It was the consensus of the Council that they not change to Municipal Control of Infrastructure at this time. Council requested staff to continue working with the developers to establish a policy giving the City the ability to establish Development Agreements allowing for the control necessary to produce a quality development. Council assured the audience that quality development is expected and if problems within the process continue, the council will need to address this policy at a later date. A progress report will be presented to the City Council at the second meeting in October or first meeting in November with an update in June or July. City Engineer Lee Mann will be the lead person on these issues. Community Development Director Dave Olson was encouraged to hear the developers desire to work with the City because many times a plat cannot go forward until all engineering issues are resolved and fees are paid. Council Workshop March 25, 1998 Page 3 8. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 9:25 P.M. APIF, MOTION CARRIED. Respectfully submitted, I -'A- . . )/&.-u- ~f?C1/l/f~.,--<_ Karen Finstuen Administrative Service Manager