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HomeMy WebLinkAbout08.17.09 Council Minutes 7~ COUNCIL MINUTES REGULAR AUGUST 17,2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Donnelly, Fogarty, May, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Todd Reiten, Municipal Services Director; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant Mark Schiffman, Beve Preece, Amy Pellicci, Ed Samuelson, Nick Schultz, Terry Stapf, Jill Jeppesen, David Pritzlaff, David McKnight, Julie McKnight, Joseph Vanderbeck, Charlie and Joanne Weber, Jerry Ristow, Tom Ryan 4. APPROVE AGENDA Councilmember May pulled items 7i) July 2009 Financial Report and 7j) Bills for questions. Councilmember Fogarty pulled item 7b) Approve Joint Powers Agreement with Dakota County for discussion. MOTION by Fogarty, second by May to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Embrace Open Space - Mark Schiffman Mr. Mark Schiffman is with the organization Embrace Open Space. This is a collaboration of Twin Cities organizations that protect open space in our region, especially lakes, parks, rivers, etc. Their goal is to be a resource to communities. He presented findings of research this organization has conducted and its impact on market values. b) Acknowledge Dakota County Volunteer Award - Charlie Weber - Parks and Recreation At the Dakota County Fair, Charlie Weber was recognized as a Dakota County Senior Volunteer of the Year. He was nominated for his volunteering at the Rambling River Center and St. Michael's Church, he is also a member of the Parks and Recreation Commission and the Rambling River Center Advisory Board. He gives a lot of his personal time to make the community better. Council Minutes (Regular) August 17,2009 Page 2 Council noted it is an honor to have him in the community and thanked him for all his work. Mr. Weber now advances to the State Fair. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Wilson, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (8/3/09 Regular) c) Adopted RESOLUTION R29-09 Accepting Donation Pollution Prevention Day - Municipal Services d) Adopted RESOLUTIONS R30-09 and R31-09 Approving Wetland Conservation Act Administration and Delegation - Natural Resources e) Adopted RESOLUTION R32-09 Approving Gambling Premise Permit- Administration f) Adopted ORDINANCE 009-608 Amending Weed Ordinance - Planning g) Adopted RESOLUTION R33-09 Accepting Donation Outdoor Pool- Parks and Recreation h) Approved Agreement to Paint Building Exterior Rambling River Center Construction Project - Parks and Recreation APIF, MOTION CARRIED. b) Approve Joint Powers Agreement with Dakota County - Municipal Services Councilmember Fogarty wanted to make sure residents were aware of the household hazardous waste drop off on October 10, 2009, at the Maintenance Facility. She asked if this could be placed on next year's City Calendar. MOTION by Fogarty, second by Wilson to authorize the City to enter into the Joint Powers Agreement with Dakota County. APIF, MOTION CARRIED. i) July 2009 Financial Report - Finance Councilmember May, in looking at the percents received, asked if there was any concern with amounts under 40% of revenues received. She asked for a month- to-month budget to see when to anticipate revenue streams if they are not equal over the course of a year. She noted licenses and fines are under 40% received. Finance Director Roland stated licenses are billed on a monthly or quarterly basis. As far as fines revenue, we are below the anticipated amount. This is because of the late start with large vehicle fines. Charges for services are billed quarterly or at the end of the year. Regarding recreational fees those are collected after the brochures have gone out. So far the revenue has been collected through July which is from the summer programs. Fall program registrations will start in 2-3 weeks. Councilmember May asked about the outcome of the summer programs. Parks and Recreation Director Distad replied they had to cancel some programs due to lack of registrations, however, this also reduced expenses for those programs. Councilmember May noted the expense side looks good. One area that is over 50% is City Hall at 64%. Finance Director Roland explained it is a new division because ofthe new City Hall building. Staff estimated expenses for Council Minutes (Regular) August] 7,2009 Page 3 heat, lights, supplies, cleaning, etc. Our estimate has not matched expenses. Some expenses have also been reclassified such as expenses for the building at 308 Elm Street and expenses for the old City Hall building were going into the City Hall budget. Expenses are higher than expected and will be revised for 2010. Staff is expecting some areas in the general fund to be under budget which will offset the overage in the City Hall budget. Total expenses are running 6% below budgeted expenditures for the year. This is due to the reduction in seasonal staff, the furlough hours at City Hall, and staff watching the budgets very carefully. Councilmember Donnelly asked about the fines revenue starting late. Finance Director Roland explained in 2008 a new program was instituted and a vehicle and scales were purchased to weigh trucks. Staff identified over-weight trucks as a potential program for wear and tear on the roads. An officer was trained as a Commercial Vehicle Inspector and this took until March. The City is always a month behind in fines revenue. This revenue will be adjusted for 2010. Councilmember Donnelly wanted to make sure fines are driven by behavior and not revenue numbers. MOTION by Fogarty, second by May to approve the July 2009 Financial Report. APIF, MOTION CARRIED. j) Approve Bills Councilmembers May and Wilson had questions regarding a $7,050 payment to Prairie Restorations. Councilmember Wilson noted there is $25,000 in the budget for targeted areas and assumed this payment was for some of those areas. He felt this would be a good discussion item for the budget. Councilmember May asked if some of the areas would be re-evaluated such as around the Police Department and asked if it would look better and be cheaper if it was landscaped and nicely mowed. City Administrator Herlofsky noted that area has been an issue. The intent was to have prairie grass in the area. The project has been re-started and it is a 3-4 year process. MOTION by Fogarty, second by Wilson to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Award Walnut Street Feasibility Contract - Engineering Staff evaluated the proposals received based on the work plan, the qualifications of individuals, their background, overall quality of the company, and cost. After evaluations, staff recommended Bonestroo to perform the work for $4,880. Councilmember Wilson wanted to see a summary of what all the companies submitted before approving this item. City Engineer Schorzman stated the range of bids was from $4,880 to $17,000. Staff will provide the amounts from each company and a summary of their proposals. This will be brought to a Special Council Meeting on August 24, 2009. MOTION by Wilson, second by Fogarty Council Minutes (Regular) August] 7,2009 Page 4 to table this item until August 24,2009. Voting for: Larson, Fogarty, May, Wilson. Voting against: Donnelly. MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Dew Days Update -Administration Ms. Julie McKnight, Chair of CEEF and the School District representative described what CEEF is and its mission. CEEF is a charitable, non-profit organization. The CEEF Board is made up of representatives from Farmington, Castle Rock, Empire, Eureka, the school district, Community Education, Dakota County Fair Board, VFW, and Farmington Lions. Current unfilled positions on the board are the Chamber of Commerce, Rotary, Eagles, and the American Legion. The 2009 Dew Days event had more expenses than revenues amounting to a difference of $25,000. CEEF has asked all of the municipalities to provide financial assistance to cover this cost. She was at the meeting to officially request assistance. She suggested City representatives meet with the CEEF Board to determine how this will take place. Ms. McKnight anticipated that the working relationships and the mechanics of Dew Days will also change. Councilmember May asked for a correction for the member vacancies and wanted everyone to know that is the CEEF Board's defined groups. Ms. McKnight agreed those are the invited groups and some groups chose not to participate. Councilmember May noted CEEF is a 501c3 group as many others in the community. Looking at it from a legal standpoint, she asked if a 501 c3 group can come to the City for assistance. City Attorney Jamnik explained it depends on what the request is. If it is for recreational programs, the answer is yes under State statute. Other types of participation we have to contract with for a particular service, an example used to be food shelf activities. Legislation was changed to grant express authorization so we can give donations in some limited areas, but most of the time, unless there is a specific statutory authorization to allow a donation or contribution to a non-profit we may not give a contribution or donation to a non-profit, but rather we have to contract for services. Joint activities are specifically authorized in certain areas and silent in others. For this type of activity there is statutory authorization for the expenditure. City Administrator Herlofsky noted Ms. McKnight offered that representatives of the City and CEEF meet to look at the various programs offered and determine a plan to resolve this issue. A meeting will be scheduled. Councilmember Wilson stated the fact we contract as a City with CEEF allows us to authorize expenditures. City Attorney Jamnik replied yes, and you can have a new contract with them to undertake additional programs, but are under no obligation to do so. Councilmember Wilson asked in what manner we have a contract with CEEF. City Attorney Jamnik stated he was not aware at this point Council Minutes (Regular) August] 7,2009 Page 5 we currently do. Councilmember Wilson stated if we did have a contract in some format, then we would be able to. City Attorney Jamnik stated correct. As far as any past activity, we would have to look at the arrangements and what the understandings were between CEEF and the City as far as joint programs or those activities. Councilmember Wilson asked if there were any bills being owed or debts that need to be paid to individuals. Ms. McKnight replied it is specifically bills owed to individuals or companies for services provided. Councilmember Wilson noted there has been a lot of negativity surrounding Dew Days and what worked and what did not work. He felt there are too few volunteers and too many complainers sometimes in Farmington. Councilmember Wilson thanked Ms. Maribeth Vanderbeck for her work on Dew Days. Ms. McKnight also stated Ms. Vanderbeck put heroic efforts into a wonderful event and thanked her for her work. Councilmember Wilson was not sure he liked the idea of the City assuming financial responsibility for the event, but felt we should be supportive in providing services. Councilmember May was concerned that there is no contract between CEEF and the City. She had total respect for anyone or any group that tries to put something like this together. She was also in a 501c3 group and it is a lot of work. We have to be concerned with the precedent and that Council is representing the taxpayers in the community. She was concerned that if other 501 c3 groups have an event and it does not do well. Ms. McKnight doubted the City had representation in other 501 c3 groups. There are three City representatives on the CEEF Board. That may be the difference between this 501c3 group and others where the City does not have official representation. Councilmember May noted that was defined by the CEEF Board and who they wanted to have as members. CEEF is still a community based 501c3 group just like others in the community. If they hold an event and it has outstanding bills, what is to stop them from coming forward and saying this is a benefit to the community and we need the taxpayers to help us pay the bills. She was concerned with the taxpayers and who she represents. It is almost a mandate that they must go to the event to support it or they will be taxed. Either way they are paying. This is not just Farmington, it is supposed to be Castle Rock, Eureka and Empire. Ms. McKnight stated they have gone to the other municipalities as well. Councilmember May had some concerns with the legality. Ms. McKnight replied that is for Council to work out. She was here because she was on the School Board. That is why the Mayor, City Administrator, and Administrative Services Director are on the committee, because they have a connection with the City and are officially on the Board. That is how CEEF is structured. She has no trouble making a distinction between this 501c3 that has ties with the City and another 501c3 that may not have ties with the City. Council has to work that out. Council needs to let CEEF know if they want to move forward with the request or not. City Administrator Herlofsky noted staff will meet with CEEF to resolve the issue and bring it back to Council. Council Minutes (Regular) August] 7,2009 Page 6 12. NEW BUSINESS a) Appoint Councilmember to Farmington/Eureka Planning Committee - Administration MOTION by Fogarty, second by Larson to appoint Councilmember May to the Farmington/Eureka Planning Committee. Voting for: Larson, Donnelly, Fogarty, Wilson. Abstain: May. MOTION CARRIED. b) Old City Hall Parking Lot - Administration Staff is proposing to repair the parking lots and alleys surrounding the old City Hall. The estimated cost is $61,000. The funding remaining from the Rambling River Center construction project would be used for this repair. As this may not cover all the cost, Councilmember Wilson asked if it would be appropriate to use money from the road and bridge fund. Finance Director Roland stated the road and bridge fund has $4 million. Councilmember Wilson asked staff to advise at the budget workshop how this would impact that fund. He did not want to tax the residents for it. City Engineer Schorzman cautioned that the alleys could be paid for out of that fund, but the rest of the parking lot should be excluded from that fund. There is $30,000 remaining in the Rambling River Center construction budget. Councilmember Fogarty would like to see as much of the cost come from the road and bridge fund as possible. This will be brought back to the September 8,2009, Council meeting. 13. COUNCIL ROUNDTABLE a) 2009 Accomplishments - Administration City Administrator Herlofsky provided Council with a list of items accomplished by staff so far this year. Councilmember Fogarty: Thanked everyone who attended the fair. She judged a salsa contest where there were 19 salsas. Councilmember Wilson: Suggested the 2009 accomplishments be put into a presentation format and placed on the web site for residents' information. Councilmember Donnelly: The 4-way stop has been installed at 195th Street and Flagstaff and seems to be working well. City Administrator Herlofsky: Provided the Council with strategic priorities from the strategic planning workshop. He will be arranging a meeting with the facilitator and department heads for follow-up. Items for performance measurement will be brought back to the Council. He met with representatives of the Hockey Association and provided them with costs for improvements to the ice arena. A possible upcoming addition to the list of accomplishments will be the completion of Dushane Parkway in Vermillion River Crossings. Council Minutes (Regular) August] 7,2009 Page 7 City Engineer Schorzman: He requested scheduling a short Special Council Meeting prior to the EDA meeting on August 24,2009, to discuss the authorization for bids for Dushane Parkway. The project will be funded by the developer. Dushane Parkway runs from the Spruce Street extension to CSAH 50. He will also provide a summary of the Walnut Street proposals at that meeting and request approval. The meeting will be held at 6:45 p.m. They are making good progress on the 195th Street bridge. They will finish paving on the trails and roadway this week. Mayor Larson: School athletic functions are taking place at the new high school and asked residents to be aware of the new surroundings in that area. He noticed .1lore cities and counties are using twitter and asked staff to provide an update. City Attorney Jamnik noted the LMC Policy Committee will be discussing this on August 27,2009. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 8:18 p.m. APIF, MOTION CARRIED. Respectfully submitted, .// . ....L 4~. :rr--7.' //// 7~-' ~ Cynthia Muller Executive Assistant