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HomeMy WebLinkAbout01.04.88 Council Minutes MINUTES COUNCIL MEETING REGULAR JANUARY 4, 1988 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute, Uhl. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Kelly, second by Uhl to approve the agenda with the following changes: a. Remove item lIb - Capital Outlay Request - Police - from consent. b. Remove item 11c - Agreement with St. Paul Bomb Squad from consent. c. Add schools and conference request - Fire Department. APIF, motion carried. 3. It was the consensus of the Council to approve the minutes of the December 15, 1987 special meeting. 4. Motion by Akin, second by Mayer to approve the minutes of the December 21, 1987 regular meeting with the change that in paragraph #6 to state that the public hearing, continued from November 16, 1987, was reopened. APIF, motion carried. 5. Motion by Sprute, second by Mayer to appoint Councilmember Kelly as Acting Mayor. Voting for: Akin, Sprute, Mayer, Uhl. Against: None. Abstain: Kelly. Motion carried. 6. Motion by Akin, second by Kelly that the Farmington Independent be designated as the official newspaper during 1988. APIF, motion carried. 7. The Council next considered a recommendation from the Finance Director that the Minnesota Municipal Money Market Fund be designated as an official depository in addition to First National Bank of Farmington, Midwest Federal, First State Bank of Castle Rock, and First Bank of St. Paul. Mr. Henneke indicated the additional depository would add flexibility and allow the City to spread its investments around to mitigate potential loss in the event of a bank failure. The Council noted Mr. Henneke's concerns, but it was the consensus that the City should try to keep its investments in the City. Motion by Kelly, second by Mayer that the following banks be designated as official depositories: First National Bank of Farmington First State Bank of Castle Rock Midwest Federal First Bank of St. Paul APIF, motion carried. 8. Mayor Akin opened a public hearing at 7:15 P.M. to consider amending Title 3-14-2 of the Farmington City Code relating to Sunday Liquor hours of operation. Administrator Thompson gave a brief background of the matter and in- dicated that the request to change the time to 10:00 A.M. had been made by Ken LaBeau dba Longbranch Saloon. Mayor Akin noted that the change would affect all Sunday Liquor licensees. Larry Mann dba Farmington Lanes stated that he also was in favor of changing the hours of operation to 10:00 A.M. While he was not promoting the consumption of liquor, customers occasionally ask for a Bloody Mary during Sunday brunch. Also, Sunday bowling tournaments begin before 12:00 noon. Mayor Akin stated that he had given this matter much thought, and while he personally did not agree with serving liquor on Sunday mornings, he did not feel he should impose his personal feelings on the City. Mayor Akin also noted that Lakeville and Apple Valley allow liquor to be served at 10:00 A.M.. Councilmember Mayer agreed with Mayor Akin, and stated that the Council should not be legislating morality. Mayor Akin asked Police Chief Whittingham if 10:00 A.M. Sunday hours had caused any problems in the past. Mr. Whittingham stated that it had not. Councilmember Sprute asked if Sunday hours could be changed to 9:00 A.M.. Attorney Grannis stated that State law provided 10:00 A.M. as the earliest. Councilmember Sprute stated that he personally did not agree with drinking on Sunday mornings and felt that we may be getting away from the liquor with meals concept. Councilmember Uhl agreed that he personally did not agree with Sunday morning liquor, but did not feel he should impose his personal preference on the community. Mayor Akin closed the public hearing. 9. Motion by 3-14-2 of the to 10:00 A.M. carried. Akin, second by Mayer to adopt Ordinance No. 088-195 amending Title City Code changing Sunday Liquor hours of operation from 12:00 noon Voting for: Mayer, Uhl, Akin, Sprute. Against: Kelly. Motion 10. Motion by Akin, second by Uhl that the following bonds, now on file in the office of the City Clerk, be approved: United Fire and Casualty Public Employees Blanket Bond Farmington Lanes, Western Surety Long Branch Saloon, Western Surety American Legion, St. Paul Fire & Marine VFW Club, Capital Indemnity Corp. Eagles Aerie 4031, 1st National Ins. APIF, motion carried. $50,000 1/1/88 to 12/31/88 5,000 1/1/88 to 12/31/88 5,000 1/1/88 to 12/31/88 5,000 1/1/88 to 12/31/88 5,000 1/1/88 to 12/31/88 5,000 1/1/88 to 12/31/88 11. Mayor Akin reopened a public hearing which was continued from November 16, 1987 to consider the reassessment of Terra 2nd Addition. The following testimony was given. Mayor Akin: This hearing has been continued because the City was awaiting the arbitration award and now that it is known, the Council is waiting for the appeal period to end. (To Glenn Cook) Have you given the City all information, as you know it, to the City? Glenn Cook: Yes. During the arbitration process and meetings with City staff and the City Attorney. (To Glenn Cook) Do you feel you used sound engineering practices during the project? Yes. Things perhaps could have been changed, but it is always easy to second guess after the fact. (To Administrator Thompson) Who benefited from the project: Mayor Akin: Glenn Cook: Mayor Akin: Adm. Thompson: Primarily, the property benefited. Mayor Akin: Do the provisions of M.S. 429 change a project versus if it were done with private funds? Att. Grannis: The City is legally obligated to publish, bid, hold hearings and so on. Mayor Akin: Does responsibility shift? Minutes - 1/4/88 Att. Grannis: Mayor Akin: Under a private contract, the installing the improvements. responsible. Does the developer's agreement state that the City is to give priority treatment to the developer for information requests? developer is responsible for Under M.S. 429, the City is Adm. Thompson: I don't believe so. Administrator Thompson distributed a cost analysis of the project dated January 4, 1988 which summarized assessed costs, engineer's estimates, arbitration award and developer's claims. Bill Ford (developer) distributed cost analysis with ex- planations. Administrator Thompson gave an overview of the figures with an explanation. Administrator Thompson explained that the Council could accept the arbitrator's award as part of project costs, which would make the developer's claims of excess quantities moot, or disregard the arbitrator's award, which would leave room to negotiate the final quantities. The developer's claims for credits could be considered in any event. Adm. Thompson: The developers feel that since they had no control over the project, they were not responsible for going to arbitration and should not have to pay for those extra costs. Mayor Akin: Att. Grannis: Who testified at arbitration? Glenn Cook, Tom Kaldunski, Leo Pawelsky Brennan (construction foreman), Tom Ryan and a surveyor. Mayor Akin: Who called for arbitration? (inspector), Todd (construction supervisor) Att. Grannis: Per terms of the contract, the contractor requested arbitration. Mayor Akin: The developer has contested extra work done under the "Ace" contract which is outlined in proposed change orders #1 and #2. Could you explain them. Glenn Cook: Change order #1 was for extra silt fence and sod on the south west edge of the plat to prevent erosion on adjacent property. Change order #2 was for regrading the ditch along CSAH #31 to accommodate additional runoff and resodding. The Council was very specific about preventing erosion problems during the project. Hayor Akin: Glenn Cook: Mayor Akin: Glenn Cook: Did the project change the undeveloped property to the point of causing erosion problems? The project removed most vegetation on the steep slopes. Was the weather abnormal? It was extremely wet. Mayor Akin: I recall the Council addressing erosion problems specifically during the approval of plans and specifications. I do not feel the added control was out of line, and it should be included as part of the project costs. I also feel that net interest earned on the project should be credited against project costs. Regarding the additional credit request due to project delays, I do not feel the City or contractor were entirely to blame. A big delay came about because of a reluctance by the developer to sign the developer's agreement. Adm. Thompson: The developer's contention is that they did not cause the con- tractor's delay or arbitration and should not be responsible for items related to arbitration. Mayor Akin: The contractor can still appeal the arbitration award. I do not see how the Council can make a decision until the appeal period has expired. Adm. Thompson: The developer is looking for a decision as to whether or not the arbitration award and costs will be applied to the project. Maybe the developer should address the issue. Bill Ford: I believe it's all been said. Don Blaisdell: The big dispute was between contractor and engineer. It was not our doing. We don't know the basis of the arbitration award and if blame was assigned. We feel that we should be assessed for normal project costs - not arbitration. We had nothing to do with it. Mayor Akin: We did not ask the contractor to leave. Don Blaisdell: We don't know why the contractor left. What would be "normal" projects costs? Mayor Akin: Don Blaisdell: Extensions of unit price bids. Its a finite/tangible amount. All other extra items are moot. Mayor Akin: You were completely innocent? Don Blaisdell: We were victims of circumstance. We cannot be expected to pay for another person's conduct. Mayor Akin: Did you request (M.S.) 429 financing? Sign a developer's agreement? Bill Ford: Don Blaisdell: Yes. The City breached the contract. Don Blaisdell: We should only pay for the unit prices if the project had gone smoothly. Mayor Akin: How did you derive the premium contract price of $24,894.62? Is that a tangible/finite cost? Don Blaisdell: We felt we paid 15% extra for the shortened deadline, which was not met. The 15% was based on industry standards. Mayor Akin: That is not an actual cost. I would recommend that the Council defer action on this matter until February 15, 1988 when the 90 day arbitration appeal period has expired. Att. Grannis: The hearing should not be closed, but should be continued until February 16, 1988. There could be more discussion. Motion by Akin, second by Mayer to continue the hearing until February 16, 1988 at 7:15 P.M. APIF, motion carried. 12. The Council next considered the Council By Laws. Administrator Thompson noted that the Council indicated it wished to discuss voting procedures and certain items on the consent agenda. Mayor Akin stated that he felt certain items on the agenda could be voted "all in favor" rather than roll call. It was the consensus of the Council that items III thru #4 could be voted as "all in favor" on a trial basis. Discussion followed regarding removing budget adjustments and personnel actions from the consent agenda. It was the consensus that budget adjustments and personnel action not be placed on the consent agenda. MinutM - 1/4/88 13. Motion by Mayer, second by Uhl that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 1988. APIF, motion carried. 14. Administrator Thompson presented a proposed resolution establishing fees and charges. Changes were outlined in a memo date December 31, 1987. Mayor Akin noted that the General Services Superintendent rate should be changed to $35.00/hour, and the brush truck should be removed. Motion by Akin, second by Kelly to adopt Resolution No. Rl-88 establishing 1988 fees and charges as proposed with the abovementioned changes. APIF, motion carried. 15. The Council briefly discussed the Administrator's memo dated December 31, 1987 relating to the extension of City services to the Fairgrounds. Administrator Thompson outlined various agreements which should be approved before services were extended. It was the consensus that Administrator Thompson, Mayor Akin and Councilmember Kelly attend the January 13, 1988 meeting at the Fairground with the Castle Rock Township Board and Fair Board. 16. Motion by Akin, second by Kelly to approve the following for projects 86-4 and 86-8 (Ace): a. Change order #1 - Add - $1,672.50. b. Change order #2 - Add - $2,335.50. c. Final Payment - $21,919.70. APIF, motion carried. 17. Motion by Kelly, second by Uhl to approve the consent agenda as follows: a. Approve a request to attend Schools and/or Conference - City Engineer. b. Approve payment of the bills as submitted. APIF, motion carried. 18. Motion by Akin, second by Kelly to approve a schools and/or conference request by the Fire Department. APIF, motion carried. 19. Motion by Uhl, second by Kelly to adjourn at 9:15 P.M. APIF, motion carried. Respectfully submitted, ~)7r- Larry Thompson City Administrator Approved I/.y/s'?