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HomeMy WebLinkAbout10.17.16 Council Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING OCTOBER 17, 2016 1. Call to Order Mayor Larson called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Mayor Larson led those in attendance in the pledge of allegiance. 3. Roll Call Present-Larson, Bartholomay, Donnelly, Bonar and Pitcher Absent-None Staff Present-Administrator McKnight, Finance Director Hanson, Engineer Schorzman, Community Development Director Kienberger,Administrative Assistant Mueller and Attorney Jamnik. 4. Agenda Motion by Bartholomay, second by Donnelly,to approve the agenda as presented. APIF, motion carried. 5. Announcements/Commendations A. City Administrator McKnight administered the oath of office to Fire Department Lieutenants Dustin Dingman and Matt Donnelly. B. Administrative Assistant Cindy Mueller provided an update on the 2016 General Election. Absentee voting, polling places and other items were shared with the city council. 6. Citizen Comments None 7. Consent Agenda Motion by Bartholomay, second by Donnelly,to approve the consent agenda: October 17,2016 Minutes -1- a) Approve Minutes of the October 3, 2016 City Council Meeting-Administration b) Approve Minutes of the October 10, 2016 City Council Work Session-Administration c) Approve Ordinance 2016-720 Establishing Charges and Fees for Licenses, Permits and Other City Approvals and Services for 2017-Administration d) Third Quarter 2016 New Construction Report and Population Estimate-Community Development e) REMOVED f) Approve Bills-Finance APIF, motion carried. Councilmember Bonar removed item 8e from the consent agenda. All of the city councilmembers thanked City Engineer Schorzman as he has submitted his resignation. The city council thanked Schorzman for his work and the calm demeanor that he brought to the city over his ten years of employment. Motion by Bonar, second by Pitcher,to accept the resignation of City Engineer Kevin Schorzman. APIF, motion carried. 8. Public Hearings A. Approve On-Sale Liquor and Sunday Liquor Licenses-Bourbon Butcher Mayor Larson opened up both public hearings scheduled for the meeting. Administrative Assistant Mueller presented the application for an on-sale liquor license and a Sunday liquor license for Lone Oak Store Store LLC, dba Bourbon Butcher located at 20700 Chippendale Avenue West, Suite 15. The application and required documents have been reviewed and approved by the police department. The city councilmembers all wished this new business well and welcomed them to Farmington. Owner Tony Donatell stated they were excited to open the new business in Farmington and thanked everyone for their support. Motion by Bartholomay, second by Donnelly,to close the public hearing. APIF,motion carried. Motion by Bartholomay, second by Pitcher to approve an on-sale liquor license and an on-sale Sunday liquor license for Lone Oak Store LLC, dba Bourbon Butcher at 20700 Chippendale Avenue West, Suite 15. APIF, motion carried. B. Approve On-Sale Liquor and Sunday Liquor License-This Little Piggy Catering Incorporated Administrative Assistant Mueller presented the application for an on-sale liquor license and a Sunday liquor license for This Little Piggy Catering Incorporated located at 22280 Chippendale October 17,2016 Minutes -2- Avenue West. The application and required documents have been reviewed and approved by the police department. Owner Seth Brittin explained that they will now have an onsite banquet room at their location. Councilmember Bonar asked about the status of their two properties. Mr. Brittin explained that they recently did purchase the property to the south of their current location. The city councilmembers thanked Mr. Brittin for deciding to expand his business in Farmington. Motion by Bartholomay, second by Bonar,to close the public hearing. APIF, motion carried. Motion by Bartholomay, second by Bonar, to approve an on-sale liquor license and Sunday liquor license for This Little Piggy Catering Incorporated located at 22280 Chippendale Avenue West. APIF, motion carried. 9. Award of Contract None 10. Petitions, Requests and Communications A. Revised 2007A Bond Refinancing Opportunity-2016BC Finance Director Hanson reminded the city council of the action they took at the September 19, 2016 city council meeting in regards to refinancing the bonds issued to construct city hall. After that meeting bond counsel advised two important facts have changed since the earlier discussions. The first is that refinancing would now be considered a current refunding, because the closing of the new bond issue would be within 90 days of the redemption date and would be viewed differently by the IRS. Second based on tax regulations released last October if the city current refunded the bonds, a portion of the bonds may be eligible for taxable refinancing which would eliminate the restrictive rental rules on the vacant space in city hall. The change to remove the restrictions on potential renters at city hall does slightly reduce the anticipated refinancing savings. With these changes the estimated savings is estimated around $840,000. Councilmember Bonar commented that he looks forward to the rental options administration staff will bring forward to the city council in the future. Motion by Donnelly, second by Bonar,to change the sale date for the 2016A and 2016B bonds to Monday, November 7, 2016 and revise the 2016B amount to $4,945,000 and adopt October 17,2016 Minutes -3- resolution R75-2016 providing for the sale of$1,680,000 taxable general obligation refunding bonds, series 2016C. APIF, motion carried. City councilmembers thanked Hanson and her staff for their continued work on this issue. B. Adopt Joint Resolution with Castle Rock Township Establishing an Orderly Annexation Agreement Planning Manager Wippler presented a joint resolution with Castle Rock Township establishing an orderly annexation agreement. On September 12, 2006 the city council and Castle Rock Township entered into an orderly annexation agreement. The agreement established a designated area where annexation from the township could occur as well as provide a process for the approval of any annexation within the designated area. That agreement is set to expire on December 31, 2016. Over the last several months the Castle Rock/Farmington Discussion Group has been meeting to work on the new agreement. The proposed agreement is similar to the current agreement with the following changes- 1. Includes language that the city will support the future incorporation of the township by resolution and that the city will not take any actions to oppose the incorporation. 2. Under section seven of the agreement, 7.5 was added. This section reflects the requirements of Minnesota Statute 414.036 and requires the city to reimburse the township for unpaid amounts or debts incurred to the township from a property prior to the effective date of the annexation of said property. 3. The termination date of the agreement is set for December 31, 2030. 4. Under section 11, 11.8 was added which allows an annexed property to detach if the city fails to provide the full range of city services to the annexed property within a reasonable time. The Castle Rock Town Board approved the proposed joint resolution on September 12, 2016. The city councilmembers were in support of continuing this type of agreement with Castle Rock Township. Motion by Bonar, second by Pitcher,to approve joint resolution R76-2016 establishing an orderly annexation agreement with Castle Rock Township. APIF, motion carried. October 17,2016 Minutes -4- C. Adopt Findings of Fact Regarding the Comprehensive Plan Amendment from Low Density Residential to Commercial and Rezoning from R-1 (Low Density Residential)to B-3 (Heavy Business)for Craig Bongard-20522 Akin Road Planning Manager Wippler presented the finding of facts regarding the petition for a comprehensive plan amendment and rezoning for the property located at 20522 Akin Road. Mr. Craig Bongard has submitted petitions to amend the city's 2030 Comprehensive Plan from low density residential to commercial and rezone the property from R-1 (low density residential)to B-3 (heavy business). In 1976 the city's planning commission granted a special exemption permit for this property to allow equipment maintenance and storage, non-commercial for this site. The property has been used in the past for Mr. Bongard's trucking operation in accordance with the special exemption permit. The planning commission held a public hearing on these requests at their October 11, 2016 meeting. City staff recommended denial of the requests as the uses allowed in the B-3 zone are not consistent or compatible with the uses surrounding the property, which are largely residential. Additionally,the purpose statement for the B-3 zone states that the uses allowed in this zone are of an intensity that generally do not make them compatible with other commercial zoning districts within the city. If these uses are not generally compatible with the other commercial zones,the B-3 zone is most certainly not compatible with residential zones. The planning commission took public testimony on the requests and voted 3-1 to recommend denial of the comprehensive plan amendment and rezoning requests as presented. Larson asked why the request was for a B-3 zone and not B-4 which we could support. Angie Pacholl, speaking for the owner, stated that the B-3 zone had mini-storage and recreational storage as an allowed use. B-4 does not. Wippler stated that the planning commission seemed to be open to discussing the issue of mini-storages in different zones. City councilmembers were in favor of this discussion taking place at the planning commission level. City Attorney Jamnik reminded the city council that they have an issue in front of them to act upon tonight and are on the 60-day clock on this zoning application. Motion by Bartholomay, second by Donnelly,to adopt and execute Findings of Fact denying the request for a comprehensive plan amendment from low density residential to commercial and a rezoning from R-1 (low density residential)to B-3 (heavy business) for the property located at 20522 Akin Road; directed city staff to have the planning October 17,2016 Minutes -5- commission consider possible changes to the zoning ordinance in regards to mini- storages/self-storage in the B-4 zone by the end of 2016 and waive any future application fees on this issue for Mr. Bongard. APIF, motion carried. 11. Unfinished Business None 12. New Business None 13. City Council Roundtable Donnelly-Encouraged residents to watch the candidate forums. Bartholomay-Thanked Kevin Schorzman for his service. Pitcher-Thanked Kevin Schorzman for his service. Bonar-Reminded residents that the annual waffle breakfast and turkey bingo are approaching. Schorzman-Thanked the community, city council and administration for the opportunity to work in Farmington for the past ten years. He encouraged the city council to continue to make decisions based on the long term best interests of Farmington. Larson-encouraged residents to shop local. Adjourn Motion by Bartholomay,second by Pitcher,to adjourn the meeting at 7:56 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator October 17,2016 Minutes -6-