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HomeMy WebLinkAbout06.19.06 Council Minutes COUNCIL MINUTES PRE-MEETING JUNE 19, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Andrea Poehler, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty received a call from Mr. Tim Weyandt, School Board Member, saying how great the school district staff and City staff are working together. Councilmember Wilson would like more time to review the Comprehensive Annual Financial Report in the future. He then asked if there was a tree shortage in the City. He would like this information for the budget workshop. City Administrator Herlofsky stated there are more requests for trees than what is budgeted. Councilmember Pritzlaff asked about the change in insurance deductibles. Finance Director Roland explained the process. He then mentioned receiving the EA W and the financial report was a lot of information to review. He also would like more time for review when there is a large agenda. Councilmember Pritzlaff asked about rescheduling the July 3 Council meeting. It was determined to leave it as scheduled. Mayor Soderberg suggested placing the 2007-2011 CIP on the consent agenda as the items have been the same as previous years. Councilmember Wilson preferred to leave it Council Minutes (Pre-Meeting) June 19,2006 Page 2 under Petitions, Requests, and Communications. Mayor Soderberg noted the insurance deductible is saving the City $22,000 a year in premiums. 5. STAFF COMMENTS 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:42 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~;h7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR June 19, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Andrea Poehler, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Doug Bonar, Baskervilles, Jay & Pat Christensen, Dave Berghuis, Chris Rosenthal, Jim Schmitz, Mary Christianson, Pat Schultz, David Kennedy, Russ Zellmer, Brad Meeks, Krista Flemming, Peter Coyle 4. APPROVE AGENDA MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Lieutenants - Fire Department Fire Chief Tim Pietsch introduced Mark Kindseth, Jim Schmitz, Adam Fischer, and Joe Tullar as the new Lieutenants. b) Recognition of Jake Baskerville for His Selection as a "Diamond in the Rough" Essay Finalist - Parks and Recreation Mr. Jake Baskerville was recognized for his selection of "Diamond in the Rough" essay contest by Briggs and Stratton. Jake was one of 16 finalists and $5,000 was received to be used for improvements to the ballfield at Prairieview Park. Council thanked Jake for his efforts. c) GFOA Budget Award Finance Director Roland was recognized for receiving the GFOA Budget Award for the 9th year. Council Minutes (Regular) June 19,2006 Page 2 6. CITIZEN COMMENTS a) Response to Comments - Moving of Evergreen Trees - Engineering Staffhas sent a response to the residents with a recommendation: 1. The property owners move the trees out of the road right-of-way and behind the drainage and utility easement by October 31, 2006. 2. Ifthe owners do not move the trees by October 31,2006, staffwill remove the trees at no cost to the owner and relocate the trees to a City park. Staff will replace any damaged areas with sod. Councilmember Pritzlaff felt the staff letter was threatening by saying move the trees by October 31 or the City will take them. If the City takes the trees, he feels the residents should be reimbursed for them. He noted there are other trees that are just as close to the street, so he felt the code should be enforced for everyone or not at all. He noted there are also trees on Municipal Drive that are close to the road. Even deciduous trees on the boulevards need to be trimmed for the garbage trucks to get by. According to professionals, these trees will get 20 ft. wide. They can be trimmed so they do not interfere with the road. He spoke with a couple owners that would be in favor of doing that. He noted on 203rd Street there are branches covering the sidewalk for over a year and nothing has been done. Mayor Soderberg stated this is a zoning issue and they are handled on a complaint basis. The City could budget and hire a zoning enforcement officer, which he does not want to do. The City could continue to enforce zoning violations on a complaint basis, or entertain other options. City Administrator Herlofsky stated the suggestion made was to address the concerns ofthe residents. The recommendations are made to obtain direction on how to deal with this issue. Each situation is unique as far as where it is and what type of tree it is. Mr. Dave Berghuis, 19125 Dunbury Avenue, thanked everyone for their attention to this matter. At the June 5, 2006 meeting it was stated these types of issues are handled on a complaint basis. As of yet, he does not know the source of his complaint, he believed it was the Assistant City Engineer. He felt like they were being picked on. He developed a list of addresses that also have violations. He did not want to turn over the list to the City, as he felt that would direct anger from these residents toward him. He had taken pictures of evergreen trees planted along Municipal Drive. His trees are 8 ft. from the trunk to the curb. The trees along Municipal Drive are closer to the curb than his trees. He felt the policy needed to be enforced consistently. Councilmember Pritzlaff asked ifhe would be willing to keep his trees trimmed. Mr. Berghuis stated all three property owners are very meticulous with their properties and will exercise the same care with the evergreens. Council Minutes (Regular) June 19,2006 Page 3 Mr. Chris Rosenthal, 4818 191 st Street, stated his concern is receiving two separate letters on two different days. He stated if Council is willing to move their trees, then he will call every day and complain about someone's tree. What concerns him the most is that there are a lot of homes being built in his neighborhood. If a City official who looks at these trees and drives by, east of SuperAmerica there are three evergreen trees along the boulevard. He felt staff moving the trees was ridiculous. His trees have been there for five years so he asked where is the landscaping inspection and is there such a thing. He agreed he was guilty of planting the trees in the right-of-way. Councilmember Wilson stated at some point the trees will become a City liability issue. We have to enforce the code, but there is no mechanism for consistency. There may be a need for some level of code enforcement for trees. He did not like the trees being there, but he also does not like spending taxpayer dollars to move them. Councilmember Pritzlaff asked Mr. Rosenthal ifhe would agree with trimming his trees. Mr. Rosenthal agreed he would trim the trees. Councilmember Pritzlaff stated a tree spade would be needed to move the trees and felt the City did not have the funds to do that. Councilmember Fogarty stated the trees are in the wrong spot and they are a concern. She cannot say because the City has made mistakes, which we have, we have to let the trees remain. We cannot let the trees become a hazard, but at the same time the City needs to take some responsibility and move the trees. The residents deserve to keep the trees. She believes these property owners would maintain the trees, but if the homes were sold, a future owner may not keep up the trimming. She suggested the City move the trees further back on their property. City Engineer Mann stated most of the zoning ordinances are enforced on a complaint basis. In regards to a right-of-way, if engineering or public works identifies something as a potential hazard, we do not wait for a resident to call. Staff identifies these types of issues multiple times a year and takes care ofthe issues they are aware of. Regarding Municipal Drive, there is no street right-of- way for the City campus for the Fire Station, Maintenance Facility, or the Police Station. They are private roads without easements or right-of-ways. Staff trims the trees to deal with sight issues and there is plenty of space to store snow. Mr. David Kennedy, 19097 Dunbury Avenue, stated on April 20, 2006 he was informed the trees need to be moved behind the property corner markers. He noted he does prune his trees. He has run a line from the corner markers and two of his evergreens are well behind the property line and one is on top of the line. One of the boulevard trees is also behind the property line, so it would give the appearance on an irregular lot that his evergreen trees are in the City right-of-way. He did not believe the City did a survey to verify the trees are in the right-of-way. On May 31, 2006, after sharing this information with the City, he still received a letter claiming his evergreens are in the right-of-way and they had to be moved behind the utility and drainage easement. He did not believe there was an ordinance stating this. His trees are large and they would be at risk if they were Council Minutes (Regular) June 19,2006 Page 4 moved. The value would be $1,000 - $2,000. It is difficult to follow the rules when they are changing and they are not written or publicly known. Councilmember Pritzlaff stated on Municipal Drive, ifthat will be treated as a different road, it should be dedicated as a non-public road, and put up signs that the public is not welcome on that road. He felt it is a public street and would treat it as a road that has a right-of-way. If it does not have a right-of-way, then we should discontinue the public use ofthat road, which he does not think will happen. That road should be treated the same as any other road. Councilmember McKnight stated if we are going to have an ordinance, either enforce it uniformly on every property or don't enforce it at all. That is his general concept on any policy. He thanked the residents for coming, but this is a staff issue. Council needs to let staff do their job. Mayor Soderberg agreed we need to enforce rules uniformly. In order to ensure that, we need to take a serious look at a zoning enforcement officer. We need to be consistent and what we have done in the past is enforce these issues as they are brought to us. We have the ordinance in place and we need to enforce it. That is what we have consistently done. It does not matter if it is trees in the boulevard or signs in the boulevard. Right now according to the policy, staff says they need to be moved and that is how it should be handled. City Administrator Herlofsky noted part ofthe issue is making sure everyone is informed of the concerns. The property line does not start at the curb. It starts some distance behind the curb depending on the right-of-way. The boulevard is the space between the curb and the property line. There may also be an easement in the front of the yard. We still have until October 31 to look at the budget and see ifthere are other options. The reason for the law has some significance. The options provided were staff s first attempt at ways of handling the situation and addressing concerns of cost. Mayor Soderberg stated we have an ordinance and the issue was brought to staff s attention. It is expected that staff would enforce it consistently each time it is brought to their attention. Mr. Kennedy has pointed out that some of his trees are not actually in the boulevard, so some research needs to be done on that. If a workshop is held on how to deal with trees or zoning issues, staffwill inform the residents. Council directed staff to enforce the code uniformly when brought to their attention. Mr. Chris Rosenthal, 4818 191 st Street, had a concern from the last meeting regarding the re-meandering of Middle Creek. It was said it could take $30,000 to take a straight creek and make it meander. The growth around the creek has been there for 20 years. He did not understand how this would improve the creek. Councilmember Fogarty explained the farmers have straightened the creek over the years. This will restore the creek. Mayor Soderberg explained this is a combination of state, county, school, and several other agenCIes. Council Minutes (Regular) June 19,2006 Page 5 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (6/5/06 Regular) b) Approved Curbside Clean-up Day Report - Parks and Recreation c) Adopted RESOLUTION R63-06 Accepting Donation Safety Camp Programs- Parks and Recreation Mayor Soderberg thanked Dakota Electric for their donation. Approved School and Conference - Fire Department Adopted RESOLUTION R64-06 Approving a Gambling Premise Permit - Administration Adopted RESOLUTION R65-06 Accepting Donation - Police Department Mayor Soderberg thanked Barkers Building Blocks Daycare for their donation. Received information May 2006 Financial Report - Finance Approved Insurance Deductible Level Change - Finance Adopted RESOLUTION R66-06 Approved Development Contract - Swanson Acres - Engineering Approved Storm Sewer Easement Acquisition 19962 Akin Road - Engineering Approved Appointment Recommendation Parks and Recreation - Human Resources I) Approved Bills APIF, MOTION CARRIED. d) e) f) g) h) i) j) k) 8. PUBLIC HEARINGS a) Consider Resolution - Host Approval Issuance of Hospital Bonds - Finance The Family Health Medical Clinic is being constructed in Vermillion River Crossings. This clinic is owned by the City of North field and will be financed by the issuance of bonds by that City. The City of Farmington must approve the issuance of the bonds, but will not be responsible for them. MOTION by Wilson, second by Pritzlaffto close the public hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R67-06 giving host approval to the issuance of Hospital Revenue Bonds, Series 2006 by the City of North field. APIF, MOTION CARRIED. 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Dakota County 2007-2011 CIP City Requests - Engineering Items that the City would like to include in the County's 2007-2011 CIP are: - 195th Street from Autumn Glen to TH3 - 200612007. This project is in process and is currently on the County's CIP, but is not 100% funded by the County. - CSAH 31 from CSAH 50 to CSAH 74 - 2008 - CSAH 74 from Denmark to CSAH 31 - 2008 - CSAH 50 from Division Street to TH 3 - 2007 - 195th Street from Flagstaff to Cedar - 2011 - Traffic signals along Pilot Knob Road - 208th Street Cost Participation Policy Council Minutes (Regular) June 19,2006 Page 6 Staff is reviewing the construction schedule for Elm Street and Spruce Street. There will be meetings with businesses in July. b) Comprehensive Annual Financial Report - December 2005 - Finance The auditors issued their opinion on the 2005 financial records. Finance Director Roland presented the 2005 Comprehensive Annual Financial Report. There was a decrease to the general fund balance of$239,964, bringing the fund balance total to $1,254,700. This represents 18% of the annual expenditures with a preferred fund balance of 35% to 40% of annual expenditures. The general fund revenues were less than budgeted by $92,326. Actual expenditures were $164,313 more than budgeted, resulting in the decline ofthe fund balance by 16%. MOTION by Pritzlaff, second by Wilson to accept the 2005 Comprehensive Annual Financial Report. APIF, MOTION CARRIED. c) Adopt Resolution and Ordinance - Amending 2020 Comprehensive Plan and Zoning Map - ISD 192 - Community Development The City is proposing to amend the comp plan and rezone the property owned by ISD 192 west of Flagstaff Avenue and 1/3 mile north ofhwy 50. The comp plan would be amended from urban reserve to public/semi-public and rezone the property from A-I to R-1. A school in an R-I district requires a CUP at the Planning Commission. This is the beginning ofthe process to construct a new high school. The site contains 100 acres and is the former Christensen property. A text amendment will be required for the 2008 submittal of the comp plan. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R68-06 amending the 2020 Farmington Comprehensive Plan from urban reserve to public/semi-public for the new high school campus on ISD 192's property, and approving the extension of MUS A to the 110 acres. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. MOTION by Fogarty, second by Wilson adopting ORDINANCE 006-557 rezoning the property in question from A-I to R-l. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. d) Adopt Resolution - Amending 2020 Comprehensive Plan and Review Schematic PUD Fairhill- Community Development Newland Communities has applied for an amendment to the 2020 comp plan for a relocation of existing low density residential, medium density residential, and commercial land uses. They also propose five additional land uses including parks and open space, environmentally sensitive, low-medium density residential, mixed-use commerciaVresidential, and mixed-use/public residential. The Planning Commission unanimously recommended approval of the amendment to the comp plan. The Planning Commission was concerned about: 1. Newland's desire for 315-365 acres oflow-medium density residential and 182-192 acres of low density residential when the original comp plan showed 638 acres of low density residential. Council Minutes (Regular) June 19,2006 Page 7 2. The large amount of low-medium density lots. The Planning Commission would like to see more acreage devoted to low density. 3. That Diamond Path was not shown on the schematic plan. 4. The abrupt transition from low density residential to low-medium density residential from Meadow Creek to the Newland property on 189th Street. Ms. Krista Flemming, Newland Communities, reviewed the concept plan for the Fairhill development. The site is west of the Southern Hills Golf Course on hwy 3 and continues to the extension of 195th Street to the south. Councilmember McKnight noted when they took the tour, Newland expressed some concerns about Diamond Path. Ms. Flemming stated their circulation plan does not show the continuation of Diamond Path. They know it was placed on the Thoroughfare Plan in 2004 and they expressed concerns at that time. As far as initial development, the site does not need Diamond Path in order to develop. Newland has not shown that as part of a responsibility of their development. They have shown 195th Street and a segment of Diamond Path. Councilmember Wilson would like to see more lower density. Councilmember Pritzlaff understood Diamond Path would be part of this project. He asked if there would be more development to the west toward the railroad tracks. Ms. Flemming replied they do not anticipate development in the northwest corner for 10-15 years. Extending Diamond Path over the creek and the floodplain areas has been a concern to Newland and the cost it creates. Development in the northwest corner would wait until there is access from the north. Mayor Soderberg stated 195th Street is a key connection. Somewhere there needs to be a north-south route. If not the road itself, at least the alignment needs to be identified. Development usually pays for itself, but there is no development there to pay for it, so there is an issue as to how it is done. Mayor Soderberg asked if a traffic analysis has been done. Ms. Flemming replied they are working on an AUAR which would include a traffic analysis. Councilmember Fogarty would like Newland and staff to continue to work on Diamond Path. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R69-06 amending the 2020 Comprehensive Plan to relocate the existing low density residential, medium density residential and commercial land uses on the current plan and to propose five additional land use designations on the current plan including parks and open space, environmentally sensitive, low-medium density residential, mixed-use (commercial/residential), and mixed-use (Public/residential). APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto approve the Fairhill Schematic Plan shown on page 20-27 with the alignment for Diamond Path identified. APIF, MOTION CARRIED. e) Adopt Resolution - Approve Sunrise Ponds Final Plat - Community Development The first phase consists of 56 detached single-family lots located in the southwestern portion ofthe former Perkins property. The site is adjacent to Council Minutes (Regular) June 19,2006 Page 8 Cambodia Avenue. The developer proposes to construct a portion of Cambodia with the first phase extending it north to the first access point. The remainder of Cambodia is proposed to be gravel. The plat shows a right-of-way of 70 ft. for 210th Street. The developer proposes to construct a 20 ft. wide gravel secondary access extending from Cambodia west to the first access point off of 21 Oth Street. The traffic engineer has found this proposal acceptable. This portion will be an emergency access. The Planning Commission unanimously recommended approval. They did express concerns with the construction of Cambodia and 21 Oth Street. They were concerned with what would happen if phase two was delayed or not built. However, if staff, the traffic engineer, and Council agreed with what was proposed they too would be in agreement. Contingencies include: 1. A demolition permit will need to be applied for by the developer to demolish any ofthe existing structures on the property. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of construction plans for grading, storm water and utilities by the Engineering division. Councilmember McKnight asked for an update on the 21 Oth Street connection to TH 3. City Engineer Mann replied they met with Mr. Regan to discuss what the City was proposing as far as compensation for the right-of-way. Mr. Regan indicated he was waiting for his appraisal and after review, he would forward it to the City. Staffhas informed Mr. Regan that staff needs him to counteroffer or advise staff what he wants for the right-of-way. Mr. Regan has stated his attorney will be contacting staff. Councilmember McKnight then asked how far it is along Cambodia Avenue from the southerly access to 21 oth Street. Staff replied it is approximately 500 ft. Councilmember McKnight noted when Council approved Executive Estates, they required the developer to pave to their easterly most access to the site. Why would Council not require this developer to pave Cambodia to the northerly access in the first phase? City Engineer Mann replied Executive Estates was done in one phase and this is being done in two phases. Councilmember McKnight asked about the timeline for phase one and phase two. Staff replied phase one would start as soon as possible. Phase two would be dependent on phase one. Councilmember McKnight noted one of the contingencies is the application for a demolition permit and stated one of the buildings is already being taken down. Community Development Director Carroll stated there are some metal structures the developer is disassembling. Staffhas interpreted this differently than demolition. Mr. Richard Hocking, attorney for the developer, stated as far as the demolition permit, the buildings being taken down will be reused on another site. As far as the timeline, the second phase would occur next summer if everything goes according to plan. Councilmember McKnight was concerned with the two phases and would prefer this be done in one phase. Councilmember Pritzlaff asked if this was delayed a Council Minutes (Regular) June 19,2006 Page 9 year, would the project still be completed. Mr. Hocking replied if the sale of homes has not been sufficient by the spring of 2007, that would be a general marketplace circumstance and believed that would reduce the likelihood the City would need 21 oth Street. Right now, the plan is for phase two to occur in the summer of 2007. Councilmember Pritzlaff then asked staff about the demolition permit and the distinction that these are different than demolition. Community Development Director Carroll stated if you are destroying a building and hauling it away to a demolition landfill site, a permit is needed due to safety issues. If it is a metal structure that is being disassembled and reassembled at another site that is not considered demolition. Mayor Soderberg noted this is an operational issue and staff can deal with it. Attorney Poehler suggested amending the language to require the buildings be removed and all necessary permits be obtained for their removal. Councilmember Pritzlaff noted the traffic engineer said the road would be adequate. In the past he has stated he would like to see the traffic engineer at the Council meeting rather than hearing it is adequate. Mayor Soderberg noted the traffic engineer's memo is in the packet. Councilmember Fogarty was concerned with 210th Street and Cambodia not being paved. She had to look at the possibility that this development may not complete, the road will not be done, and the City will be stuck. She needed a guarantee that 210th Street and Cambodia will be completed the way the City needs them done regardless of how phase two goes in order to approve phase one. Mayor Soderberg did not have a concern with the phasing, but we want to make sure that even ifthis project is not completed, that 210th Street and Cambodia will be addressed. In order for some assurance that this will be done, Attorney Poehler stated staff has discussed this and would be comfortable with a Letter of Credit for the remainder of the road improvements. The Development Contract would be approved contingent upon it being revised to reflect the Letter of Credit amount for the remainder of 21 Oth Street and Cambodia Avenue and an end date of completion subject to staff approval. A date of November 30, 2007 was determined for completion. Currently the City owns a portion of Cambodia as gravel. An agreement is in place with the township to maintain that. The agreement should not change, and the developer would maintain 21 Oth Street. Mr. Hocking stated they plan to put up temporary barriers at the emergency access to 210th Street. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R70-06 approving the Sunrise Ponds Final Plat contingent upon removal of existing structures on the property subject to obtaining all necessary permits for removal and the preparation and execution of the Development Contract. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Voting against: Wilson. MOTION CARRIED. Council Minutes (Regular) June 19,2006 Page 10 1) Adopt Resolution - Approve Development Contract - Sunrise Ponds - Engineering Revisions will be made to the development contract regarding 21 oth Street and Cambodia Avenue and for the letter of credit. Regarding the park dedication, only outlot C will be a private park. Councilmember Pritzlaffwas concerned with sidewalks and trails being constructed prior to grading. City Engineer Mann replied the developer has to protect the sidewalks and trails or repair any damage. Staffhas found it is better to construct sidewalks and trails prior to the homes being built so homeowners are aware of where these are. MOTION by McKnight, second by Fogarty to adopt RESOLUTION R71-06 and approving the execution ofthe Sunrise Ponds Development Contract and authorize its signing with contingencies and final approval by the Engineering division, removing Outlot B from the park dedication and adding 21 oth Street and Cambodia Avenue substantial completion by November 30,2007, and an update to the letter of credit amount to reflect that. The Letter of Credit amount should be sent to Council in a memo. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Voting against: Wilson. MOTION CARRIED. g) Approve Garvey/Olson, Mock Annexations - Community Development The Castle Rock Board reviewed the Orderly Annexation Agreement at their June 13,2006 meeting. They raised some questions and tabled further action on the agreement. Their issues were: 1. They wanted their attorney to review it. 2. They wanted to devote more attention to the financial ramifications of the revenue sharing component of the agreement. 3. They wanted additional discussion on how the City intended to exercise some land use and zoning control that was identified in the agreement. The Castle Rock Discussion Group will discuss these items further in a meeting this week. Council tabled this item until July 3, 2006. Mr. Russ Zelmer, Castle Rock Town Board Chair, stated they wanted their attorney to review the agreement. There were some issues with falling under the City's building and zoning regulations and they wanted more clarification. Community Development Director Carroll discussed this issue with City Attorney J amnik. They discussed an agreement or understanding whereby if the agreement were entered into the City and the Planning Commission would look at those areas and adopt comp plan designations. As people came forward to have those areas annexed, they would know what the City's expectations were. He did not feel the township was opposed to that. Staff would not recommend zoning on parcels that are not annexed until after they are annexed, and then it would be zoning that is consistent with the adopted comp plan designations. Staff also does not have any desire to create new challenges for existing property owners in the annexation area. Council Minutes (Regular) June 19,2006 Page 11 h) ISD 192 EA W - Community Development The draft EA W for the ISD 192 property has been received. Staff asked Council for any comments. Once approved, the draft EA W will be sent to the EQB. On July 3, 2006 it will be published and the agencies will have 30 days for review. The review period will end on August 2, 2006. Staff will bring comments back to Council. MOTION by Fogarty, second by Wilson to approve the draft EA W and authorize the publication ofthe required notice in the EQB Monitor, and its distribution to reviewing agencies and other interested parties. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 11. UNFINISHED BUSINESS a) Great River Energy Powerline Easement - Finance At the last meeting there was discussion whether the dollar amount received from Great River Energy for an easement for the powerline through Rambling River Park would be applied to the general fund balance or in the park improvement fund balance. Finance Director Roland and City Attorney Jamnik reviewed the records and found that several hundred thousand dollars worth of Lawcon grants were given to the City for the development of Rambling River Park during the late 1970's and mid-1980's. As a result, City Attorney Jamnik did not recommend the money be put in the general fund but retain it in the park improvement fund pursuant to potential Lawcon grant issues. b) Adopt Resolution - Approve Bond Sale - Finance Bids were received for $5.5 million of general obligation improvement bonds 2006A to finance construction of the Spruce Street bridge and extension and the Hill Dee reconstruction project. Five bids were received with Harris N.A. being the low bidder at a net interest rate of 4.1956% and a total interest cost of $2,276,491. This was $62,557 less than estimated. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R72-06 awarding the sale ofthe $5,500,000 G.O. Improvement Bonds of2006A to Harris N.A. APIF, MOTION CARRIED. c) Budget Calendar - Administration The budget workshop will be held on June 26, 2006 at 5:30 p.m. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Wednesday is the Law Enforcement Torch Run. The Dakota County leg starts at City Hall. She and Councilmember Wilson will be participating. Council Minutes (Regular) June 19,2006 Page 12 She encouraged everyone to attend Rambling River Days events. She received a call from School Board member Tim Weyandt, telling her how much the school staff was expressing the great cooperation between the school and the City and how hard City staff was working towards accomplishing Council's goals. Councilmember McKnight: Also encouraged everyone to attend Rambling River Days. He recently had two individuals in neighboring townships express some displeasure because they have not been allowed to purchase products from the liquor store by check. Finance Director Roland stated staffwill share the reasoning and costs associated with this. Councilmember Wilson: Gave an update on the ALF Board meetings. The ALF 2007 budget has been approved. The total amount of dollars ALF will write off in Medicare and Medicaid payments will exceed $1 million. He also encouraged everyone to attend Rambling River Days. He will also be participating in the Law Enforcement Torch Run. Councilmember Pritzlaft: Encouraged everyone to attend Rambling River Days. He asked ifthere was a crosswalk on Ash Street at 6th Street prior to the project. Councilmembers replied there was not a crosswalk, but the school had crossing guards at that location. He stopped at Controlled Air's showroom and there was a different business in that area called Stein Air. They would like to buy a building, but they are currently renting a portion ofthe building from Mr. Pettis of Controlled Air. He wondered ifthis was a business the City should recognize with a ribbon cutting or other event. City Administrator Herlofsky: There was a weekly mailing that noted a ribbon cutting at the new Fire Station scheduled for Friday. No one on Council was informed of this, so another date will be selected. Police Chief Siebenaler: Proceeds from the Law Enforcement Torch Run go to MN Special Olympics. Registrations are still being accepted. The Police Department will have two teams in the dodge ball tournament at Rambling River Days. Parks and Recreation Director Distad: Ceremony will be held. On Saturday at 2 p.m. the Feely Fields Dedication Council Minutes (Regular) June 19,2006 Page 13 City Engineer Mann: schedule. Well number 8 has been completed six weeks ahead of Mayor Soderberg: from the City. He attended the DCC groundbreaking along with others Post Office naming nomination forms are still available. He asked about the 3Td Lair Skatepark. Staff noted there are not as many people using it as anticipated. It has been well-supervised and there are new structures in place. He encouraged everyone to attend Rambling River Days. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 10:42 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ?r7~ u~ Cynthia Muller Executive Assistant