CITY COUNCIL MEETING MINUTES Tuesday, January 19, 2016 7:00pm 1) Call to Order Mayor Whalen called the meeting to order at 7:00 p.m. a) Pledge of Allegiance b) Introductions: Present: City Council: Mayor Lisa Whalen, Patricia Thoele, Mark Vanderlinde, Pam Mortenson; Staff: City Administrator Michael Barone, Finance Director Brian Grimm, Community Development Director David Abel, Director of Public Safety Paul Falls, and City Clerk Kris Linquist; Consultants: Assistant City Attorney Doug Shaftel, Kennedy & Graven and City Engineer Paul Hornby, WSB Engineering. Absent: Bob Christians c) Approval of Agenda Motion by Thoele, seconded by Vanderlinde to approve the agenda as presented. 2) Special Presentations a) House of Representatives 33A, Jerry Hertaus Representative Hertaus came at the end of the meeting (9:02 p.m.) and overviewed the upcoming legislative session. b) Interviews for Planning Commissioners Community Development Director Abel explained the procedure for the interviews. Mayor Whalen presented questions presented to each applicant with the same questions. Responses: Mike Molitor 4885 Minneapolis Avenue; stated that he just completed his first term on the Planning Commission and would like to reapply to stay on the commission. He expressed why he would like to be reappointed. Gary Pettis 6200 County Road 26; stated that he has served on the Parks Commission for many years. He commented that he would bring knowledge to the Planning Commission and has the time to dedicate himself to the commission. John Tschumperlin 7575 Susan Lane; stated that he has been a resident for 30 years and is now retired. He feels he has an obligation to contribute something back to the community. Page 1 of 6
3) Persons to be Heard - None 4) Consent Agenda a) Approve Work Session Meeting Minutes from January 4, 2016 b) Approve Regular Meeting Minutes from January 4, 2016 c) Res. No. 12-16 Approve Claims d) Res. No. 13-16 Approve Planning Commission Appointments e) Res. No. 14-16 Approve City of St. Bonifacius Fire Relief Per Year Service Pension Increase f) Res. No. 15-16 Accept Improvements and Authorize Final Payment for 2015 Mill and Overlay Improvements (City Project 04-15) g) Res. No. 16-16 Approve Payment of Temporary Easement Agreements for Watermain Project, City Project 02-15 h) Res. No. 17-16 Approve Three Year Appointment of Bret Niccum, Citizen Representative, to the Lake Minnetonka Conservation District (LMCD) Board Motion by Vanderlinde, seconded by Mortenson to approve the Consent Agenda as presented. 5) Public Hearings- None 6) Business Items a) Res. No. 18-16 Approve Purchase of a Ford F-350 Pickup Truck for the Public Works Department City Engineer Hornby presented the Staff report found in the City Council Packet dated January 19, 2016. He overviewed the purchase of a Ford F-350 Pickup Truck. Purchase of truck was approved in the 2016 Capital Improvement Plan Will be replacing Truck #2 2004 Ford F-350 The purchase price of $36,165 is within the budgeted amount of $40,000. Motion by Thoele, seconded by Vanderlinde to approve Resolution No. 18-16 Approve Purchase of a 2016 Ford F-350 XL Regular Cab Pickup Truck. Motion passed 4-0. Absent: Christians b) Res. No. 19-16 Approve Change Order No. 1 for the Westwood Drive Drainage Improvements Project (City Project 08-15) City Engineer Hornby presented the Staff report found in the City Council Packet dated January 19, 2016. He overviewed the change order for the Westwood Drive Drainage Project. Page 2 of 6
Due to recent weather conditions and erosion control protocol, the site will need temporary erosion control stabilization until the site can be fine-graded in the spring. The change order includes furnishing and installing temporary straw erosion control blanket and the removal of one additional tree. The change order also extends the construction substantial completion date to June 1, 2016, due to the delay in the start of construction. The cost of the erosion control will be $7,200. Motion by Mortenson, seconded by Thoele to approve Resolution No. 19-16 Approving Change Order No. 1 for the Westwood Drive Drainage Improvements Project (City Project 08-15). Motion passed 4-0. Absent: Christians c) Res. No. 20-16 Accept the Offer of the Minnesota Public Facilities Authority to Purchase a Taxable General Obligation Water Revenue Note, Series 2016, in the Original Aggregate Principal Amount of $9,074,697; Providing for its issuance; and Authorizing the Execution of a Project Loan Agreement for Water Treatment Facilities (City Project 02-15) Finance Director Grimm presented the Staff report found in the City Council Packet dated January 19, 2016. He overviewed the loan through Minnesota Public Facilities Authority (MNPFA) Part of the loan process is to finalize the actual loan with a Note Resolution and agreement. A PFA loan is a draw down or reimbursement type process. The loan is at 1% Savings of an estimated amount of $1,144,616 in interest over the term of the loan There was some discussion on the General Obligation Bonds and when they would be completed. Motion by Vanderlinde, seconded by Mortenson to Approve Note Resolution 20-16, accepting the offer of the Minnesota Public Facilities Authority to purchase a Taxable General Obligation Water Revenue Note, Series 2016, in the original Aggregate Principal amount of $9,074,697; Providing for its Issuance; and Authorizing the Execution of a Project Loan Agreement. d) Res. No. 21-16 Approve Professional Services Proposal and Enter into an Agreement for Materials Testing on the Water Treatment Facilities and Page 3 of 6
Watermain Extension Improvement (City Project 02-15) City Engineer Hornby presented the Staff report found in the City Council Packet dated January 19, 2016. He overviewed the work to be performed for the project. The city will need to contract directly for construction materials testing and staff requested S.E.H. solicit proposals for this work S.E.H. received two proposals Braun Intertec was the lowest proposal at $30,367 S.E.H. reviewed the proposals and Braun Intertec is a better overall value for the water treatment plants and watermain extension project materials testing. Motion by Mortenson, seconded by Thoele to approve Resolution No. 21-16 Approving the Professional Services proposal with Braun Intertec for project construction materials testing for the 2016 Water System Improvements, City Project 02-15 e) Res. No. 22-16 Authorize Acquisition by Eminent Domain and Approve Appraised Value for City Water Main Project (City Project 02-15) [Possible Closed Session in accordance with MN Statutes 13D.05, Subd. 3b Attorney- Client privilege] Assistant City Attorney Shaftel presented the Staff report found in the City Council Packet dated January 19, 2016. He overviewed the need for Council to consider authorizing the use of Eminent Domain. The City has successfully negotiated agreements to voluntarily acquire the majority of the easements needed for the water main project. There are 4 remaining properties that have not voluntarily agreed to the proposals offered to them. To protect against the risk that agreements are not reached, the City can condemn the easements and take ownership through the statutory quick-take process. The quick-take process allows the City to take ownership approximately 90-days after filing the condemnation action. If the City initiates condemnation in early February 2016, it is likely that it will own all easements needed for the project sometime in May 2016. There was discussion about potential delays if the Eminent Domain process wasn t taken. Barone explained that no matter what water treatment plant we went with the 2014 Centralized system or the current 2015 de-centralized system, the city would have to go through this process in order to obtain the easements needed to complete the water main portion of the project. Page 4 of 6
Chris MacKenzie from S.E.H. reiterated the essentials of staying on track with the project. Vanderlinde stated that his question would require closed session. Attorney Shaftel recommended going to closed session Motion by Mortenson, seconded by Vanderlinde to go into closed session in accordance with MN Statutes 13D.05, Subd. 3b Attorney Client privilege at 8:08 p.m. Regular Meeting reconvened at 9:00 p.m. Motion by Thoele, seconded by Mortenson to Approve Resolution No. 22-16 Authorizing Acquisition by Eminent Domain and Approving Appraised Values for City Water Main Project. Motion carried 3-1. Opposed: Vanderlinde. Absent: Christians 7) Administrative Items a) Staff Reports i) City Administrator Demo of the new Website at the next meeting Margaret Davis will be recognized at the February 1 st meeting. ii) City Engineer Met Council will be doing a major interceptor project on CR 44 Hennepin County will be doing a Mill and Overlay on CR 110 this spring/summer Update on Westwood Drainage Improvements Possible change to the South Water Treatment Plant Meeting with the Watershed District regarding Jennings Cove Storm Water Pond Improvements b) Council Reports i) Mayor Lisa Whalen Pioneer Sarah Creek Watershed District, Mound Fire Advisory Committee, Personnel Committee meeting, Gillespie board met, LMC Conference, Regional Mayor Lunch ii) Patricia Thoele Saunders Homeowners Association iii) Mark Vanderlinde None iv) Pam Mortenson Spirit of the Lakes, Leadership Conference Page 5 of 6
v) Bob Christians Absent 8) Adjournment Motion by Thoele, seconded by Vanderlinde to adjourn the meeting at 9:30 p.m. Respectfully Submitted, Kris Linquist City Clerk Page 6 of 6