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HomeMy WebLinkAbout01.21.14 Council Minutes COUNCIL MINUTES REGULAR January 21, 2014 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: Larson, Bartholomay, Bonar, Donnelly, Fogarty(arrived 7:12 pm) Members Absent: None Also Present: Andrea Poehler, City Attorney; David McKnight, City Administrator; Robin Hanson, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director;Tim Pietsch,Fire Chief; Brenda Wendlandt, Human Resources Director;Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant Audience: Dan Findsen, Lenny Hall, Chris Podgorski 4. APPROVE AGENDA Councilmember Bonar pulled items 7b) Fourth Quarter 2013 and Year-End New Construction Report, 7f) City Mobile Phone Provider Change, 7g)2013 Annual Fire Report, 71) Approve Federal Transportation Alternative Program Grant Application for Construction of a Section of the North Creek Greenway Trail, for questions and comments. MOTION by Bartholomay, second by Donnelly to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Lenny Hall, 714 8th Street,has an issue with vehicles running through the two stop signs located at 8th and Walnut Street. He has had several conversations in the past with Police Chief Lindquist, Councilmembers Bartholomay and Bonar. The last time this happened, it was a City of Farmington employee running the stop sign in a City truck. There are two stop signs very close together; one at the service road and another at Highway 3. Most people ignore the first stop sign on the service road. Mr. Hall noted there is some obstruction with bushes and a tree. He was not asking for anyone to cut down shrubs or trees or have the intersection redone. He spoke with an officer about the situation who told him it costs thousands of dollars to redo an intersection. That is not Mr. Hall's intent. The conversation with the Police Chief was to take a little time off the speed traps on County Road 50 and take a half hour, a couple days a week to observe this 7 Council Minutes(Regular) January 21,2014 Page 2 intersection. Maybe they can make up for some tickets by picking people up that are running the stop sign. Mr. Hall noted Councilmember Bonar had asked if he had any ideas. Mr. Hall was thinking he might want a phone call or to meet. Mr. Hall did have a couple suggestions that would not cost thousands of dollars if the City sends six employees out to take care of it. He wanted Council to pay attention to this situation. When you come up to that intersection from Walnut,you do not see the traffic very well. Mr. Hall stated it is a safety concern. 7. CONSENT AGENDA b) Fourth Quarter 2013 and Year-End New Construction Report-Building Inspections Councilmember Bonar noted the report illustrates our progress in developing lots. With this progress, Councilmember Bonar asked when the available lots will be used up. We have done very well the last few years, but we have work ahead of us as a Council and an EDA to continue our focus on commercial, industrial and now residential development. Based on this progress, in the foreseeable future we may not have any developable lots in the community. Mayor Larson felt we will see some new development coming into the City shortly. Councilmember Bartholomay asked about the number of available lots. Assistant City Planner Wippler stated currently we have 277 available lots. It was 600—700 available lots a couple years ago. Councilmember Bonar noted the areas of opportunity for us could be with a duplex or rental property which has not been built since 2006. Our best year in the past for commercial/industrial was 2008. We had a long recession where we did not prosper as much as we had hoped. Mayor Larson noted we are pushing hard for commercial and retail. f) City Mobile Phone Provider Change—Police Department Councilmember Bonar noted viable communications is important for emergency responders and staff members. It is good we are making a change if we are not gaining those services that are acceptable for our uses. He also had a concern that we are adding to our overall costs with a 10% -20% increase with this provider. He asked if there were any strategies to make the change budget neutral. Police Chief Lindquist noted the City used Sprint and Nextel for a number of years. There were several meetings with Sprint and staff continued to use them hoping the product would improve. Previous bills were reviewed and we had gone from 8,000 minutes of direct connect to under 2,000 citywide because the product failed to work. We also run air cards in the computers that connect us to the internet in the squad cars and fire trucks and it was difficult to keep those lines open. After a year of service that was less than stellar,we decided to go with Verizon. (Councilmember Fogarty arrived). Staff anticipated the Sprint product would have gone up approximately $300/month in the coming months. In order to reduce the Verizon contract, it was based on a State bid, so they cannot adjust the cost up or down. The only budget reduction would have been to reduce the number of phones. A number of them 8 Council Minutes(Regular) January 21,2014 Page 3 were made seasonal and operated only a portion of the year. We can evaluate the cost month to month and if we can reduce the minutes, we can reduce the bill. g) 2013 Annual Fire Report—Fire Department Councilmember Bonar appreciated attending the Fire Department's Annual Banquet last week. One item in the report that is disturbing is 41% of the fire calls are false alarms. Also, nearly half of the rescue calls were false calls. He was also surprised at the number of daytime calls,realizing we have a volunteer department that works during the day. He asked if there was anything we could do to mitigate some of this. Fire Chief Pietsch stated they have initiated the split station response which has helped tremendously. The officer only call is when the Fire Chief or Assistant Chief is sent out to determine if the department is needed. A lot of the false calls are smoke alarms. If the responsible party does not punch in the correct code, they cannot cancel it so DCC pages us and someone has to respond. Staff will continue to work with the DCC and make adjustments. 1) Approve Federal Transportation Alternative Program Grant Application for Construction of a Section of the North Creek Greenway Trail—Parks and Recreation Councilmember Bonar noted in the application we could be obligating ourselves to the cost of design and construction management and asked about the cost for these items. Parks and Recreation Director Distad prepared some cost estimates noting the grant will not be released until 2017. There would a design in 2017 and construction in 2018. Estimates for personnel, supplies and professional services amount to $85,000, which is 8% of the budget. Factoring in the county's share of$200,000, it is close to the 55%/45% split we normally do with the county. The breakdown of the $85,000 is 1,400 hours of staff time over two years including City Engineer, Civil Engineer,Engineering Tech staff and also the Parks and Recreation Director. Supplies include fuel for trucks, office supplies and field supplies. Professional services include contracting for testing services for soil testing. There are also legal fees involved with agreements with the grant agency and the county. MOTION by Fogarty, second by Donnelly to approve the Consent Agenda as follows: a) Approved Council Minutes (1/6/14 Regular)(1/6/14 Special) b) Received Fourth Quarter 2013 and Year-End New Construction Report— Building Inspections c) Approved Appointments to Boards and Commissions -Administration d) Approved Sentence to Service Agreement with Dakota County—Natural Resources e) Adopted RESOLUTION R8-14 Accepting Donation from Happy Harry's Furniture to the Rambling River Center—Parks and Recreation f) Received Information City Mobile Phone Provider Change—Police Department g) Received 2013 Annual Fire Report—Fire Department h) Approved Appointment Recommendation Liquor Operations—Human Resources 9 Council Minutes(Regular) January 21,2014 Page 4 i) Approved Appointment Recommendation Parks and Recreation—Human Resources j) Approved 2013 Pay Equity Compliance Report—Human Resources k) Adopted RESOLUTION R9-14 Ratify AFSCME Clerical, Technical, Professional Unit Collective Bargaining Agreement—Human Resources 1) Approved Federal Transportation Alternative Program Grant Application for Construction of a Section of the North Creek Greenway Trail—Parks and Recreation m) Approved Bills APIF,MOTION CARRIED. 8. PUBLIC HEARINGS a) Appeal of Planning Commission Decision Regarding Conditional Use Permit to Allow Used Auto Sales and Auto Repair Minor in B-1 Zoning District- Planning The Planning Commission reviewed a CUP on December 10, 2013, for auto sales and auto repair minor use at 705 8th Street. The Planning Commission did not make a motion on the CUP. At that time the building would be divided up into office space for the auto repair, retail, and other office space. The CUP covers auto sales and auto repair minor. The office and retail are permitted in the B-1 zone. The auto repair would be located in the former car wash area and would consist of two bays. Staff recommended approval of the CUP with the following conditions: 1. A sign permit be applied for and approved for any signage to be placed on the premises. 2. The applicant and/or property owner shall obtain all necessary building permits from the City's Building Official. 3. An additional nine parking stalls shall be striped on site to meet the off-street parking requirements listed in Section 10-6-4 of the City Code. The site plan shows a total of 23 striped parking stalls. The use required 32 parking stalls. There is room to accommodate the additional nine parking stalls. The Planning Commission was concerned with the multiple uses proposed on the site and how they may affect the adjacent residential properties. The property is bordered by residential to the east and south; commercial is to the north. Councilmember Fogarty asked if the reason for the increase in parking spaces has to do with selling cars. Staff stated the auto repair minor has more of an increase. When it was a convenience store, a lot of their traffic was the gas pumps. Mr. Sajid Haque, owner, noted there is room for 30 parking spaces. Councilmember Bonar asked about the date of original construction for the property. Mr. Haque noted it was 1982. Councilmember Bonar noted the homes to the west were constructed in the 1990's, so this building preceded any 10 Council Minutes(Regular) January 21,2014 Page 5 development to the east. The uses of the property are not in conflict with any zoning or ordinances for the City. Councilmember Bonar asked if we have any noise ordinances or thresholds developed at the property line for this type of a business or similar business. Staff stated we do not have a noise ordinance,but we do have a nuisance ordinance that could cover those complaints. Mr. Chris Podgorski, 700 9th Street, stated his property is behind the building. His biggest concern is the noise and any extra lighting would peer into the second level of his house. He works out of his home and is concerned with the possible noise. The current fence is down, so he suggested a condition where the fence be repaired or a new fence built to limit the sound. The sound would be from the air tools used in the auto repair area. With auto sales,there is movement of cars. His concern is how the car sales and repair fits in with the City code for the harmonious relationship to adjacent buildings and grounds. He was not sure we could place enough conditions to make it harmonious the way it currently is. He asked the Council to address how the use could be made harmonious with the neighborhood. He was also concerned with the visual impression and an environment that is consistent with the neighborhood. Anytime you are working on cars,they could sit there for a while and there would be outside storage of oil. He was also concerned with what it will do to the value of his property. Councilmember Donnelly asked if Mr. Podgorski lived there when the car wash was operating. Mr. Podgorski bought the property last April and the house was built in 1996. He recalled the Planning Commission required the doors be shut when the auto repair was in use,which would be hard to enforce. His property is close to the auto repair proposal, and there is nothing to stop the noise. The only issue Mr. Podgorski has now is the graffiti. This can be enforced by the Police Department. Mr. Lenny Hall, 714 8th Street, was concerned with the variety of businesses and was unsure of the number of vehicles being discussed. You have 20 used vehicles to be sold. Mayor Larson noted the appeal has been revised to 12 cars. Mr. Hall stated his concern was the amount of vehicles in one area,because you will also have employees to sell and fix the cars. He was unsure of the number of cubicles inside the north end of the building. He understood they would be available for office space, such as a cubicle for insurance, and another business could have a cubicle. Mr. Hague stated there are two 1,000 sq. ft. offices and one may be a legal office and the other an insurance office; a business will rent the offices. Mr. Hall noted there will also be employees for that. He heard there is the possibility of a dollar store. Mr. Hague stated they are looking at options such as a pet food store or a dollar store; something proper for that location. They are still reviewing studies for the area. Mr. Hall noted that is more employees with cars. If there is retail,there will be customers. Do we want kids running around a used car lot? He could walk to the end of his driveway, look south and see two used car lots now. He doesn't feel we need another used car lot to build into the scheme of things in the neighborhood. Towns to the north of us are filled with used car lots. You have a business, a used car lot, a broken down house, a used car lot, etc. 11 Council Minutes(Regular) January 21,2014 Page 6 How far are we going to go with these used car lots? We have several in town already. Mr. Dan Findsen, 712 8th Street, lives across Highway 3 from this site. The CUP application failed for lack of motion by the Planning Commission. Mr. Findsen asked the Council to uphold that decision. None of the Commission members brought this up even for a vote. The summary was that a number of the Commission members did not feel that the proposed uses were harmonious to the neighborhood, and the location itself. There will be a used car sales lot, an auto repair, along with at least half retail and office. It is zoned for office and retail. This CUP will allow used car sales and auto repair. That is not harmonious. Can you see a dress shop next to a used car sales lot? We have enough issues with the economy and property values not as good as they used to be. He lives across the street and next to a church, and then we have a used car lot and repair. He doesn't want this to happen in his neighborhood. He wants something desirable that services the neighborhood. We have four used car sales lots less than a mile from this location. South on Highway 3 we have K&K Auto Ranch and G&M Select Autos. Around the corner on Highway 3 and 220th Street is Northwest Auto Sales and we have Dakota Motor on Elm Street. We also have seven auto service and repair facilities less than a mile from this location. Mr. Findsen asked Council to take the lead from the Planning Commission and also consider what is consistent with the neighborhood. He also noted the appeal memo and the application have some inconsistencies. He was not sure who the true applicant is of the CUP. Originally the applicant was Randy Jacobson. The appeal memo indicates the facility will be used by Triton Properties. The second item is the number of cars for sale seems to change at any given time. The original application indicated 20 cars. The appeal memo sales very limited car sales which will not exceed over 12 cars for sale at any given time. Who will keep track of counting cars? Who is the owner? Where will the cars for sale be located? Where will the cars sit waiting to be repaired? How many? Once you approve the CUP, who will police these amounts? We also need an appropriate amount of parking space for retail and office space. What is the property zoned for? The sound from the car wash that was there originally was going 24/7 and we could hear it. He could almost guarantee with auto repair, even with the doors closed, you will hear the operation of the tools. He would like to see retail or office in there. But another used car lot and auto repair? This has been vacant for some time and hopes the owner gets something in there that everyone could use and increases the property values. Residents are well taken care of with used auto sales and car repair. He wished the property owner the best of luck with the property, but asked Council to uphold the Planning Commission's decision. Councilmember Bonar noted Mr. Findsen wanted to find harmony. Harmony with what? Mr. Findsen stated with what the property was originally zoned and developed for and with the neighborhood. There would be a perception in use of being not harmonious with the area if we have multiple used car sales. If across 12 Council Minutes(Regular) January 21,2014 Page 7 or behind your house you have used car sales and auto repair,that would not be in harmony with what Mr. Findsen would consider primarily a residential area, regardless of when the building was built. If there are barrels of used oil,tires, etc. waiting to be picked up, it will be sitting outside the building. He has yet to see a good way to store those materials. It is developed for retail. That is why they are requesting a CUP. It is not designed for auto sales and repair. He would challenge whether that is harmonious. Mr. Findsen has lived across Highway 3 for 18 years. He wants something in there, but not this. Mr. Sajid Haque, property owner, stated at any given point he has already been approved to open a gas station and car wash there. He wants to develop this property and owns other property in the neighborhood. He wants to make sure the City looks good and does not want to ruin the lot. It is his property and he takes pride in it. Whatever goes in there,he wants to make sure it is successful and desirable. If he doesn't get the used car permit,he will probably open a car wash there because it is zoned for it. Councilmember Donnelly asked about the original name on the application. Mr. Haque explained Mr. Jacobson was going to rent it from him, but Mr. Haque has decided to run it himself and he is the owner. The repair shop will not be a regular repair shop. When you have a used car lot,you need a permit to do repairs on the used cars for sale. This will not be auto repair for hire. Mr. Findsen stated the original applicant provided information to the Planning Commission and it was not voted on and then appealed. The applicant changed and the use has changed. The applicant is no longer in place. We have a new applicant for the CUP. Is this now void? Does Mr. Haque have to reapply for the permit? Mayor Larson asked the City Attorney if the use has changed, should it go back to the Planning Commission. City Attorney Poehler stated you have a few options. Mr. Haque does not have to reapply; he is the owner of the property. He should have signed the original application as the owner. Assistant City Planner Wippler verified that Mr. Haque did sign the application. The reduction depends on whether Council feels it is a significant enough change to send it back to the Planning Commission or whether it is a minor modification. While the Planning Commission failure to act is a denial, failure to have final action within the 60 day rule would mean the use is automatically permitted, so Council does need to take some action on it. If Council takes no action, will be deemed permitted under statute. Council has to deny it, approve it, or send it back to the Planning Commission. The timeframe to send it back has been extended to 120 days. Mayor Larson stated the original application was for 20 cars and has now been reduced to 12 cars. It was going to be auto repair minor for the general public and now he will only take care of the used cars. City Attorney Poehler stated Council could look at it as a reduction, so it would be considered a minor change in the application. 13 Council Minutes(Regular) January 21,2014 Page 8 Councilmember Donnelly stated the Planning Commission didn't vote against it, they just didn't do anything,which is the same thing. That probably means there is no support. He would have preferred that the Planning Commission would have at least voted on it. He asked what the difference is. City Attorney Poehler stated that means that if the Planning Commission takes no action,the Council has to take action either by approval or denial. If the Council takes no action,then it would be deemed approved by state law. It is up to Council whether you want to send it back to the Planning Commission to take final action or whether you want to take final action yourselves. Councilmember Donnelly noted that would take more time and leaves everyone waiting another 60 days. He recommended dealing with it tonight. City Attorney Poehler noted the goal is due process and making sure everyone is aware of what the application is and has the opportunity to be heard, and that Council gets all the information they need to make a decision. The Planning Commission had a public hearing also, so due process has been met. Mayor Larson asked about the hours of operation. Mr. Hague stated they would be 9:00 a.m.—7:00 p.m. Councilmember Donnelly stated the market will determine whether the auto business will survive or not. It is not up to the Council to determine how many businesses of any particular type are in the City. The proposed use of the business would be less disruptive to the neighborhood than a gas station and car wash. Councilmember Donnelly would like to see something happen with the building. Perhaps if the proper fence is installed in the back, it would make the neighbors happy. That is a busy highway and there is noise from the traffic. There would be less traffic with a used car sales and a not for hire auto repair, than the allowed use of a gas station and car wash running all night. Councilmember Fogarty agreed with Councilmember Donnelly. The City Council does not get to pick and choose what businesses open. She asked staff to remove the word harmonious from the ordinance, as that is very difficult to define. In some ways it is harmonious with all the other car sales around it. Council can add conditions to a CUP, so she proposed: 1. The fence should be repaired as part of the process. 2. A list of hours of operation, because the intent at this time is to only repair the vehicles that are for sale, once we release the CUP,the owner could start something like a Jiffy Lube. For the respect of the neighbors, she would not want that going on until 9:00 p.m. in the summer. Mayor Larson stated Council should set the hours of operation. Council agreed on the hours of 7:00 a.m.—6:00 p.m. 3. Ensure the lighting does not affect the neighbors. Mayor Larson also wanted to have the outside storage of oil addressed. Mr. Hague was aware of the environmental regulations. Councilmember Fogarty 14 Council Minutes(Regular) January 21,2014 Page 9 stated she is excited to see this property developed. It has been an eyesore for far too long. It is a great location. She asked that Mr. Hague be a good neighbor. Mr. Hague stated he owns other property in the neighborhood, takes care of it, and he will do the same here. Councilmember Bartholomay agreed with Councilmember Fogarty. Regarding the fence,he would like to see the height of the fence increased from 6 ft.to 8 ft. Staff stated the code does allow fencing to go up to 8 ft.,but it does require a building permit. Council agreed to add the 8 ft. height to the conditions. Councilmember Bonar stated he asked about a noise ordinance and staff spoke about a nuisance ordinance. He asked if within the next six months staff could bring forward a noise ordinance for consideration. City Administrator McKnight suggested discussing a noise ordinance at a work session,because that could be very broad and staff would need more direction. Councilmember Fogarty asked that previous discussions be brought forward to the work shop. Mayor Larson asked how we will deal with the lighting. Staff understood the lighting was not proposed to change. Staff will work with the owner of the property to ensure it is not impacting residents. Mayor Larson asked how we will deal with the 8 ft. fence. Staff stated that can be made as a condition and the owner will need to go through the building permit process. Mayor Larson added that as a condition. The noise is on a complaint basis. The wording harmonious is subjective and staff will bring that issue back for review. The storage of oil, batteries, tires, etc. will be inside, not outside and should be added as a condition. Mayor Larson asked how this is different from what is going on at the corner of highways 50 and 3 where there is auto sales and repair and on the other side of the fence is a neighborhood. He was comfortable with the number of cars for sale changing and the not-for-hire auto repair. He understood the concerns of the neighbors, but the market will determine whether used cars will succeed there. It will be nice to see something in that building so the graffiti stops and it does not become a hang out. Councilmember Donnelly noted the owner said if this is denied he could run a.gas station and car wash without any further approval. Does he need approval for that use or not? Staff stated for the convenience store, that would be a CUP and depending on how long it has lapsed, it could be a grandfathered non-conforming use. If it has been longer than a year,then it would be a CUP,but staff would have to determine if it was a CUP when originally constructed. Mayor Larson noted the EDA gave the property owner$8,000 to remove the fuel tanks which have been removed. Mr. Hague stated he would not want to bring in a gas station because of the environmental impact. MOTION by Fogarty, second by Bonar to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Bartholomay to 15 Council Minutes(Regular) January 21,2014 Page 10 approve with the three included conditions, adding hours of operation from 7:00 a.m.—6:00 p.m.,no lighting pollution beyond the property lines, an 8 ft. fence is required to replace the existing fence, and no outside storage of hazardous materials. APIF,MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) 2014 Strategic Planning-Administration City Administrator McKnight stated Council has requested contracting with a professional consultant to assist with strategic planning for 2014 and beyond. In 2013 we spent three or four work sessions to put the current plan in place. He has discussed strategic planning options with Mr. Dave Unmacht from Springsted Inc. Mr. Unmacht is responsible for their organizational management and human resources group. City Administrator McKnight presented a proposal from Mr. Unmacht. Prior to the work session he would individually contact Councilmembers to receive their thoughts on the desired outcome. He would also work with City Administrator McKnight to get staffs input on the strategic planning process. Mr. Unmacht would also work with the City Administrator to finalize the agenda and details for the work session. This will not be a boiler plate approach. Mr. Unmacht wants to talk to Councilmembers individually first. The costs, depending on a half-day or full day, would range from $2,000 - $3,500. City Administrator McKnight recommended entering into a contract with Springsted at a cost not to exceed $3,500. He suggested this be a whole day session for Council,with department heads involved in half the day. Councilmember Donnelly felt it would be money well spent. He asked if it was possible to do two half days. Staff noted that can be worked out. Councilmember Fogarty felt this is extremely well timed and felt this Council can come up with one of the best strategic plans this City has seen. Councilmember Bartholomay agreed. He and Councilmember Bonar attended one of Mr. Unmacht's sessions at the LMC conference. Councilmember Bonar supported the opportunity to do something professionally with Mr. Unmacht. He would be an excellent resource for our future. MOTION by Fogarty, second by Donnelly to approve entering into an agreement with Springsted Inc. at a cost of$3,500 for strategic planning services in 2014. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: The Community Expo is this Saturday from 9:00 a.m.— noon at the Farmington High School. 16 • Council Minutes(Regular) January 21,2014 Page 11 Human Resources Director Wendlandt: Staff is moving ahead with the SeeClickFix program and it should be introduced in March. Mayor Larson: Thanked the Fire Department for the invitation to their Annual Banquet. The Community Expo is this Saturday,there will be 110 vendors and it is sponsored by Farmington Community Education,the Farmington Independent, and the City of Farmington. He reminded residents to shop local. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:24 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 17