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HomeMy WebLinkAbout12.18.06 Council Minutes COUNCIL MINUTES PRE-MEETING DECEMBER 18, 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 Joel Jamnik, City Attorney; Robin Roland, Finance Director; Brian Lindquist, 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; Lee Smick, City Planner; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked about the projects for 195th Street and Elm Street. Both are county roads, one project is run by the City and one by the County, but both give the City indemnification. City Attorney Jamnik explained it is mutual indemnification; each is liable for their own actions. Councilmember McKnight asked about the storm water utility adjustment policy and what property it covers. City Engineer Mann explained it could be any property that requested it. Currently Northern Natural Gas has requested this from the City. Councilmember McKnight asked about the Bugbee comp plan amendment and if they were clear they would be a non-conforming use and there can be no changes. Staff replied they are aware of that. Councilmember McKnight asked about the Twin Ponds item and recalled it was tabled to January 16. This will be brought back to the January 16 meeting. Councilmember McKnight requested pulling the budget and tax levy for separate vote. Councilmember Wilson also asked about the storm water utility adjustment policy. Staff confirmed Northern Natural Gas has asked for this to be reviewed. Councilmember Wilson asked about the Elm Street project and if a signal is planned for the entrance to City Center. City Engineer Mann replied one thing that could be done would be a Council Minutes (pre-Meeting) December 18, 2006 Page 2 median, but this would not be done until there is a signal at the intersection of 1 st Street. Councilmember Wilson then asked for maps on the high school project. He received a call from a resident with a concern regarding the $30 discontinuance fee. Finance Director Roland noted this policy was changed at the beginning of the year regarding snowbirds and vacancies. Staffwill be reviewing this and bring it back to Council in January. Councilmember Wilson felt there should be some dollar amount charged. Councilmember Pritzlaff also requested a separate vote for the budget and tax levy. Regarding the 195th Street project, he noted the agreement referenced the City and asked if Newland was also included. City Engineer Mann explained the county needs to have the agreement with the City in order to do the project. If the funding partners withdraw their commitment, the City is not obligated to move forward with the project. Councilmember Pritzlaff asked about the contract for platting the Nicolai Pond and how much is left in the Ash Street project fund to do this. City Engineer Mann replied this is well covered in the project. Finance Director Roland noted this was anticipated for the contingencies. The funds for the Ash Street project have not been exhausted. Councilmember Pritzlaff noted at one time they had considered re-sodding and asked at what point in time the project is considered closed and the fund is no longer used. City Engineer Mann replied the ponding items in the Ash Street project are being funded out of the storm water fund. There is a balance in the project fund that can cover the sod. City Attorney J amnik noted the acquisition price will also be coming out ofthat fund. Councilmember Pritzlaff asked about the salary amount for the Assistant Engineer position. Staffwill provide this information. Councilmember Pritzlaffthen requested pulling the draft EA W for the Flagstaff Avenue trunk sewer line for separate vote. Councilmember Pritzlaffurged staff to watch the price tag for the new City Hall. Regarding the various agreements for the high school development, the original four acres to be used for the construction trailers were in the grading plan. When the land swap was done, the school took 7.89 acres, so there is 3.89 acres that were not approved for grading. He noted it has all been graded, so he felt the school was grading without City approval. City Attorney Jamnik stated it appears the school's grading has been approved by staff as a modification to the original plan. The pond's location has been shifted. When everything is done a final plat will be done. Councilmember Pritzlaff noted regarding Twin Ponds, he received a call from Colin Garvey that at the last meeting Council directed staff and/or the Tollefson's to talk with Mr. Garvey on the cost sharing of 225th Street. Mr. Garvey has not been contacted so Councilmember Pritzlaff asked why it was on the agenda. He wanted to make sure this was done prior to the January 16 meeting. Mayor Soderberg suggested moving the Bugbee comp plan amendment and rezoning to the consent agenda. 5. STAFF COMMENTS City Attorney Jamnik spoke regarding the documents for the high school project. The release document applies to the Meadowview Elementary site. It is a release to the Meadowview final plat and is not directly applicable to the Christensen site. Council Minutes (Pre-Meeting) December 18, 2006 Page 3 a) Customer Service Team - City Calendar Council recognized the individuals responsible for the calendar. Lena Larson co- ordinated the organization ofthe City calendar. Other members included Missie Kohlbeck, Deb Richter, Jen Morical, Joy Rowen, Glenn Mogenson, Tom Dubbels, Sue Miller and Danielle Cahlander who assisted with the graphics. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:53 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~;h-?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR DECEMBER 18, 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 Joel Jamnik, City Attorney; Robin Roland, Finance Director; Brian Lindquist, 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; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Bryce Olson, Mike Kiefer, Jay & Pat Christensen, Joel West, Dan & Denise May, Mark & Terrie Pearson, Arlyn Lamb, Russ Zellmer, Gary Pipho, Mike Rademacher 4. APPROVE AGENDA Councilmember McKnight pulled item 7c) Approve 2007 Tax Levy and Budget for separate vote. Councilmember Pritzlaff pulled item 7p) Approve Draft Flagstaff Avenue Trunk Sewer Line EA W for separate vote. Mayor Soderberg noted item lIb) Twin Ponds should be on the January 16,2007 agenda. Finance Director Roland added item 7t) Approve Gambling Event Permit. Mayor Soderberg moved item lOb) Bugbee Comprehensive Plan Amendment, Rezone and MUSA to the Consent Agenda. MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Customer Service Team - City Calendar Council recognized Lena Larson and the Customer Service Team for their work on the City Calendar. Members include Missie Kohlbeck, Deb Richter, Jen Morical, Joy Rowen, Glenn Mogenson, Tom Dubbels and Sue Miller. Ms. Lena Larson thanked Council for the opportunity to work on the calendar. b) Recognition of Todd Kindseth Mayor Soderberg noted Firefighter Todd Kindseth witnessed an accident, was able to avoid the collision, notified dispatch, took command of the scene, and extricated the victim, saving his life. Council Minutes (Regular) December 18, 2006 Page 2 6. CITIZEN COMMENTS a) Mr. Tom Ryan Mr. Tom Ryan, 208 Walnut Street, stated he watched the last Council meeting where the Elm Street project was discussed and the Walnut Street project was mentioned. After 17 years it is back again. He does not want to go through another mess like he did in 1990 on Walnut Street. He showed a map outlining the assessment area going ~ block north and from 2nd Street to 4th Street. There was no water and sewer from Walnut to Spruce so they had to run the water line from his property to Walnut Street. He owned that house so he was assessed again plus the water line, which it should have been the City's obligation to furnish water lines to every lot in Farmington. This is only 20% ofthe problems that went on in those two blocks along Walnut. The icing on the cake is when the storm sewer catch basin was put in the middle of his driveway because he was building a new house on that lot the following year. He could not communicate with the City Engineers at that time. If the rest of Walnut Street is done, he will take immediate legal action ifhe is assessed for Walnut Street again. He paid his dues when the two blocks were done. No matter what is done with the rest of Walnut Street, he does not want anymore assessments. Councilmember Wilson encouraged Mr. Ryan to contact City Administrator Herlofsky or City Engineer Mann with any of his concerns. Mr. Ryan stated he would pay his $100 for Elm Street and forget about it. But now, someone mentioned Walnut Street and he is nervous. He does not own anymore property on that end of Walnut, but he is afraid the assessments will come back. He has sold all but two pieces of property because of the assessments. Councilmember Pritzlaff noted he brought up Walnut Street during the Elm Street discussion. It is in the CIP for 2008 and it can be changed. He mentioned it because he did not want to get to a six-month window and say we are doing Walnut Street. He realized the plan can be changed. He wanted to let residents know far enough ahead of time if they wanted to save money until the project comes up. Mr. Ryan stated that is why he was here. He does not think anyone that was assessed for those two blocks should be assessed again. They paid their dues even if it is 17 years later. He started with $66,000 worth of assessments, then it went to $48,000 because of discrepancies. The residents from 2nd to 4th Streets on Walnut have paid their dues. b) Response to Comments Ms. Kate Ekness - Police Department A response was sent to Ms. Ekness. 7. CONSENT AGENDA MOTION by Fogarty, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (12/4/06 Regular) b) Received information November 2006 Financial Report - Finance d) Adopted RESOLUTION R135-06 approving Storm Water Utility Adjustment Policy - Engineering Council Minutes (Regular) December 18, 2006 Page 3 e) Adopted RESOLUTION R136-06 approving agreement with Dakota County, Elm Street project - Engineering f) Adopted RESOLUTION R137-06 approving agreement with Dakota County, 195t Street project - Engineering g) Approved contract for platting the Nicolai Pond - City Attorney h) Adopted RESOLUTION R138-06 approving HPC consultant contract - Administration i) Adopted RESOLUTION R139-06 approving gambling event permit- Administration j) Approved temporary on-sale liquor license - Administration k) Approved contract Four Paws - Police Department I) Adopted RESOLUTION R140-06 approving non-bargaining cost ofliving increase - Human Resources m) Acknowledged resignation Police Department - Human Resources n) Approved appointment recommendation Engineering - Human Resources 0) Approved park name - Parks and Recreation q) Approved temporary on-sale liquor license - Administration r) Authorized plans and specifications City Hall- Wold Architects s) Approved bills t) Adopted RESOLUTION R141-06 approving gambling event permit- Administration u) Adopted RESOLUTION RI42-06, 143-06 and ORDINANCE 006-567 approving Bugbee comprehensive plan amendment, rezoning, and MUSA - Planning APIF, MOTION CARRIED. c) Adopt Resolution - Approve 2007 Tax Levy and Budget - Finance MOTION by Soderberg, second by McKnight to approve the 2007 tax levy and budget. Councilmember Wilson noted he would approve the budget but remained concerned about the building permits. He wanted Council to work closely with the City Administrator and Finance Director in 2007 and be cautious of expenditures in the first half ofthe year. He will be watchful of that particular number. Councilmember Pritzlaffwas concerned with the building permits. He wanted them reduced further and that did not happen so he will not approve the budget. He requested the levy and the budget be voted on separately. MOTION by Soderberg, second by McKnight to adopt RESOLUTION R133-06 approving the 2007 tax levy. APIF, MOTION CARRIED. MOTION by Soderberg, second by McKnight to adopt RESOLUTION R134-06 approving the 2007 budget. Mayor Soderberg noted the building permit number has been reduced from previous years and there are some public and commercial projects that will cover 50% of the projected revenue for permits. Voting for: Soderberg, Fogarty, Wilson. Voting against: McKnight, Pritzlaff. MOTION CARRIED. Council Minutes (Regular) December 18, 2006 Page 4 p) Approve Draft Flagstaff Avenue Trunk Sewer Line EA W - Planning MOTION by Fogarty, second by Wilson to approve the draft Flagstaff Avenue Trunk Sewer Line EA W. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Ordinance - Approving 2007 Fee Schedule - Administration Staff presented proposed fee changes for 2007. Councilmember Wilson received a resident concern regarding the $30 discontinuance fee for garbage. He asked if this was an appropriate amount compared to private contractors and depending on the outcome, adjust the City's fee for this item. He asked about the amount of money received for park development fees and if it is the same as other cities of our size. He wanted to make sure the City is receiving enough dedication for parks. Parks and Recreation Director Distad noted the park development fee is a unique fee. There is a park development fee and a park dedication fee. Park dedication is based on a percentage of land on the overall development that will be used for parks or taking the appraised value per acre as cash in lieu. The City's park dedication fee is better based on the land value than on the per unit value that other communities have. Regarding the discontinuance fee for garbage, Councilmember Pritzlaff stated staff picks up the container and stores it. He felt it was more work to pick it up than to put on a colored tag or strip of metal. If this is on the can, the garbage should not be picked up. The tag could be removed when service should resume. Councilmember Fogarty asked when the new punch cards would be available for open skating. The cards would start this year and expire in April and start again in October. Councilmember McKnight noted the ice rental rates are lower than surrounding cities. Parks and Recreation Director Distad stated the proposed rates are based on a recommendation by the Parks and Recreation Commission. Staff is considering reviewing the rates and will bring back any changes. Councilmember McKnight noted there is an increase in the Rambling River Center fitness room. The increase was proposed by the Rambling River Center Advisory Board. Mayor Soderberg noted there have been changes to the peddler, solicitor, transient merchant licenses. He asked if there was a penalty for not getting a permit. City Attorney J amnik noted it is a misdemeanor, 30 days or $1000. Some activities that are not commercial are not able to be licensed. Mayor Soderberg noted there are changes to the public works schedule and asked if this amends the agreement with the City of Hampton. He suggested sending them an updated fee schedule. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by Wilson to adopt ORDINANCE 006-566 establishing 2007 fees and charges effective January 1, 2007. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT Council Minutes (Regular) December 18, 2006 Page 5 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Various Agreements - New High School Development - City Attorney City Attorney Jamnik presented three agreements dealing with the new high school project. One is an Easement Agreement assigning an easement the school will be obtaining at the closing with the Christensen's for the pond area of7.89 acres. The second document is a Side Agreement between the City, the school district, and the Christensen's regarding liability and other related improvement issues and use issues regarding the pond area. The easement will be used by the City for ponding. The Christensen's are reserving the right to plant a windbreak on the site. The third agreement is associated with the Meadowview Elementary site. That site previously approved by the Council years ago had a development agreement. All the improvements have been made, but the development agreement had not been formally released. As the property is being sold, the title needed to be cleared. This document also releases the CUP over the parcel A that is to be swapped out by the school. Zoning ordinances require a conditional use permit be issued for a school in that zone. However, since that portion will be sold and no longer used for a school and will revert to agricultural purposes, it can be released from that CUP. Council asked various questions regarding these agreements. MOTION by Fogarty, second by McKnight to approve the transactional documents. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Fountain Valley Comprehensive Plan Amendment and Rezoning - Planning At the November 20, 2006 meeting, Council agreed to allow more time for the Castle Rock Town Board to review this proposal at their December 12, 2006 meeting. However, no action was taken at this meeting. The Castle Rock/Farmington Planning Group met on December 13, 2006 and verbally said there was no problem with the commercial area. The township's biggest concern is the medium density being located 150 ft from the properties along Berring Avenue. This does meet the requirement in the Orderly Annexation Agreement. There were also additional items the developer was requested to do. It was requested and agreed to that: 1. The medium density residential land not be constructed within 150 ft. of the west property line. 2. The City requires a 20 ft setback for structures from the westerly right-of- way line ofBiscayne Avenue. 3. The developer of Fountain Valley agrees to screen the medium density residential land use from the properties on Berring Avenue through landscaping and berms. 4. The developer of Fountain Valley will research design options to reduce the impact of the townhomes proposed in the medium density area such as not Council Minutes (Regular) December 18, 2006 Page 6 showing the long expanse of the townhomes parallel to the road, but have a side VIew. The information was forwarded to Castle Rock the next day and the Town Board held a special meeting prior to this Council Meeting. Mr. Russ Zellmer, Castle Rock Town Board Chair, stated the township did not give their consent to this project. While the City has met its requirements for the 150 ft setback along the east side of the property it has not met its requirements to notify the township far enough in advance ofthe Planning Commission's initial comp plan change for the township to have sufficient time to respond to the proposed changes. The Council did send it back to the Planning Group for the township to respond, but it was taken out of order in the first place. In the OAA one of the requirements was for this to happen. While the City has not adopted the comp plan amendment, the Planning Group has sent to the Council its recommendation for the proposed changes, which is not the way the OAA had originally stated. In the spirit of cooperation, the City and township representatives met to resolve the issue. The outcome was not mutually agreeable on both sides. Before the Council adopts the comp plan amendment, Mr. Zellmer hoped there could be some sort of concession on the issue. The township is not asking for the fewer units per acre for the development, just to realign where they are placed. The City has said this is good planning, but the entire process of the OAA was to work together in planning and zoning in the annexation area to prevent issues such as this. When the group was working on the OAA, there were individuals who said not to trust the City, but he felt there was enough mutual respect on both sides to get past that and the OAA was passed. He would be very disappointed if all the time, work, and compromises put into the OAA were thrown away. He feels at this time if the comp plan were adopted the relationship between the City and township would be adversely affected. The township is not saying there are too many houses on the property, it is just where they are located. The developer does not have any of his medium density near his low density, but yet he has proposed it next to the township's ultra-low density. There is 150 ft. in between, but there is no gradual transition. Councilmember Wilson stated the reasonable opportunity to comment leaves so much room for interpretation, that it becomes dangerously vague. The project appears to be consistent with what is outlined in the OAA. Mr. Zellmer stated the Town Board meets once a month, so ifthey receive something a day before the meeting, they do not have enough time. The City would have to wait until the next regularly scheduled meeting. The township did not draft their letter until after the planning group met. He hoped the issue could be resolved. The Planning Commission adopted an initial comp plan amendment before the township was notified or had a chance to respond. Ifthe township had been involved, they may not be where they are today. His understanding was the communication between the City and the township was to be open between this property and future properties. He feels it has not been. Councilmember Wilson Council Minutes (Regular) December 18,2006 Page 7 stated the proposal brought forward by Mr. Garvey is consistent with the OAA, which is the only document he has to refer to. Mayor Soderberg asked about the next steps. City Attorney J amnik noted Council can accept it and determine to table or deny the comp plan change, or proceed under the dispute resolution provision in the OAA and request those steps be taken between the City and the township. This would include a negotiation meeting to discuss disagreements over terms or conditions, the second is to submit to non-binding mediation, and the third is to go to a dispute resolution procedure. Councilmember McKnight spoke to the township representatives saying they met for two hours on Wednesday to work this out and asked what happened in the five days in between. We spent two years on this. Mr. Zellmer stated the Town Board met tonight and it was not taken lightly, there was discussion all around. He presented the City's issue as well as he could. There is low density property, but Mr. Garvey does not put medium density next to it. Why should the township residents have that? Mr. Gary Pipho, Castle Rock township, stated he is disappointed to see the requested changes to the comp plan. He was also disappointed in the current development plan. Mostly he is disappointed to see the year long conversations were apparently dismissed by the City. Farmington professes to work with other local jurisdictions. He felt the City was acting like a bully. The commercial concerns were Farmington representatives stated repeatedly at the discussion group meeting that there was no significant need for commercial or industrial development in the OAA area. Farmington refused to include verbage regarding Castle Rock compensation for commercial development in the OAA. Discussions around the 5-7 acres previously requested by the developer were considered sufficient throughout all ofthe meetings. That same 5-7 acres has now grown to 17.7 acres with no compensation, in fact a loss of compensation to Castle Rock. There have been no significant changes in the few months since the OAA was signed to warrant such changes in the City's long-range planning. The City forced Castle Rock to accept the OAA on their terms, but with very significant verbal agreements as to the amount of commercial and industrial properties that were expected. He hoped the verbal agreements had not been broken. Mayor Soderberg stopped Mr. Pipho because he was characterizing this as all one sided. Farmington has been anything but bullying in this process. This discussion will not be productive. Council has a document from the township saying they have withheld their consent. If the township wants, the City will carry on discussions with the discussion group. The City Attorney has given Council two options. One is to deny the developer's request and the other is to table the item. City Attorney Jamnik suggested tabling this indefinitely to allow time for notice of a meeting for dispute resolution. Mayor Soderberg found that to be unfair to the developer. A month ago Council Council Minutes (Regular) December 18, 2006 Page 8 proceeded in good faith because they realized things were taken out of order. Council has the authority to make the changes even after the Planning Commission has approved the changes if it could be resolved with the planning group. That has not happened. The township sent a negative consent. Mr.Colin Garvey stated he has been working on this for a long time. As far as the medium density, he proposed moving the road over so it is centered and he will put in a row of single-family homes. The township does not want to do that. He tried to reach a happy medium and that has not worked. As far as the commercial, ifthe township does not want it, he will pull all the commercial out ofthe project, but he felt the community needs it. He told them in the meeting on Wednesday, this is conceptual. A lot ofthe area is wetland and a lot of the acreage will be lost. Along the arterial road is where you want the higher density. Mr. Arlyn Lamb, Castle Rock Town Board, stated he felt he owed Councilmember McKnight some type of comments regarding the results of the town board's meeting. The items discussed at the planning group, were areas with the biggest contentions. Councilmember McKnight felt they reached a reasonable approach, and Mr. Lamb also felt it was a reasonable compromise, but he did not take it as being agreed upon. They were thoughts to take back to the entire town board. Listening to the arguments of the Town Board, one was the 17 acres versus 5.5 acres of commercial, and the medium density next to the low density are the underlying reasons as to why it was not approved. Councilmember McKnight stated we spent two years working on this. The City did not force this on anyone. If the township did not like it, they should not have voted for it. The discussion group did not agree on things Wednesday, but staff was instructed to write a letter for the township to say what the resolutions were. He received a call on Friday that all this work was out the window. We have met the OAA. The 150 ft. is all on the Fountain Valley property, the developer is going further with City standards and buffering to protect the residents of Castle Rock on the east side. We waited a month because it should not have been on the agenda. He cannot delay this development any longer. He was ready to act on this tonight. We worked for two years to develop a tax sharing plan, and in the township's letter they are asking for more. To say he talked about 5-7 acres of commercial is something he never talked about. He was willing to work with the township, but was ready to act tonight. Councilmember Pritzlaff asked what is the possibility ifthe City wanted to get rid of the OAA. City Attorney Jamnik stated it is a contract and has a termination provision and an amendment provision. It also includes a provision that the City is not authorized to change the comp plan without the consent of the township and which consent cannot be umeasonably withheld. He would not advise Council to take action tonight to approve or deny the comp plan, but to look at the mediation and negotiation sections in the OAA. Councilmember Pritzlaff stated he was hesitant on the original agreement. He commented previously on compensation, Council Minutes (Regular) December 18, 2006 Page 9 such as the three properties that came into the City because of the Ash Street proj ect. The township would not have gotten any compensation for those properties if it was not put in the agreement. From that standpoint, the City was very giving and willing to work with the township. He feels the developer is also willing to work with the township. He did not want to see the agreement around anymore. There has been good faith by the City and everyone involved. This is a good deal for the township in the fact they are getting revenue for properties they would have never gotten anything for, the developer is giving over 7 acres to compensate for the road and made the 150 ft. plus another 20 ft. Move the road down the middle and instead of being 170 ft. away from the property lines with homes, ifthe county widens the road and wants to go 33 ft. from the centerline both ways, the residents lose property. This agreement is giving the township the governing body over the City. The agreement does not state because the township does not want homes along a certain portion, that is what the City has to abide by. He does not understand where transition has to happen when there is 170 ft. from the property line. He noted Mr. Zellmer stated the Town Board meets once a month. The City has had a lot of people put in a lot of time. Special meetings are always an option to work this out rather than a month at a time. Mr. Michael Kiefer, Albatross Circle, stated the City representatives on the discussion group have indicated that City staff and the City Council consistently strive to minimize adverse impacts to adjoining or nearby property owners in such circumstances without regard to whether the potentially affected properties are in the City or in an adjacent township. Methods typically used by the City to minimize impacts on existing homes include buffering, landscaping, vegetative screening, fencing, setbacks, and maximum lot coverage requirements. In addition the City strives to make gradual transitions from existing low density neighborhoods to high density neighborhoods. For example, high density townhome projects would typically not be placed next to existing low density single family detached homes. Part of the argument the township and the residents have and what happened between your agreement and this meeting is a lot of residents were upset by what is going on and it was not part of the original agreement that Farmington had with Castle Rock township to put high density housing next to ultra-low density housing. He asked Councilmember Pritzlaffif he would like to have high density townhouses within 150 ft of his property. The way the Farmington board acts, and he was at the meeting when the approval was done between Castle Rock township and the City, he remembered Councilmember Fogarty saying what a wonderful thing this was and a great agreement. Government working together - Farmington with Castle Rock township. None of the Castle Rock residents think this is a good idea. The Town Board members did not want to come to this meeting and start a fight. What the City has started with the agreement is an uprising ofthe people. He would agree with throwing out the OAA, because a lot of residents do not fully understand what has been put in that agreement and as they are finding out, they are extremely opposed to it. Castle Rock did not get a good deal, it was not government working together, and he seconded Mr. Pipho's idea that the Council Council Minutes (Regular) December 18, 2006 Page 10 acted like a bunch of bullies shoving this down Castle Rock residents and Castle Rock's throat. Councilmember Fogarty asked about the statement in the staffmemo that Castle Rock town board met on December 12 and the need to consent was overlooked and no action was taken. City Planner Smick explained she spoke with Mr. Zellmer and he said they overlooked it because there were a number of residents at the meeting. The vote against this was unanimous. MOTION by Soderberg, second by Wilson to table this item indefinitely. He asked City Attorney Jamnik to expedite the resolution process as much as possible. The developer has waited too long for any action and we need to get this done. Councilmember Wilson stated what he was hearing from the township were structural disagreements with the OAA. He was at the meeting when the OAA was signed and no one held anyone hostage to sign this. It was entered into freely. The concerns with the project are outside the scope ofthe OAA. Despite his frustration, there is a provision for dispute resolution. He would rather take that route before going to court. Reasonable opportunity to comment could be one month or one year. There are serious problems with this agreement because he was hearing structural concerns with the project that are inconsistent with the OAA. You cannot invent what is not in the OAA. Councilmember Fogarty stated her concern with the motion is "indefinitely." She did not want this to sit out there for six months. City Attorney Jamnik explained the indefinite is for this agenda item. Discussions or agenda items regarding the OAA would not be tabled indefinitely. It will be placed on the January 2,2007 agenda to extend the decision on the comp plan amendment and rezoning. Mr. Gary Pipho stated he made a comment earlier classifying the Council as bullies and he apologized. It is not their intent to put an indefinite block on the agreement. They would like to see this move forward; they would just like to see the changes made that are outlined in the document. He was not comfortable with the term indefinite and also felt it was not fair to the developer. City Attorney Jamnik suggested tabling the item to January 2,2007. AMENDED MOTION by Soderberg, second by Wilson to table this item to January 2,2007. Mr. Colin Garvey asked how we got to this point when at the last meeting it was recommended for approval and now we are motioning to table it. Mayor Soderberg stated it was tabled at the last meeting because ofthe process not being followed. The process was then followed and the City received a negative consent from the township. One option is to deny Mr. Garvey's request, which Council does not want to do. The second option is to table it. Mr. Garvey stated the OAA says within 150 ft. He is further out and it is being tabled. He followed the agreement and now it is being tabled because of something that is not in the OAA. He is out ofthe 150 ft. requirement. He wanted to clarify it is medium density, not high density and it is not Farmington's responsibility to inform the township. It is the Town Board's responsibility to inform their residents. He Council Minutes (Regular) December 18, 2006 Page 11 found it irregular that the township can blame the City for not being informed and then hold up his development because of it. Councilmember Wilson stated the OAA talks about dispute resolution. He believes the development is consistent with the agreement. Councilmember Pritzlaff asked how this could end up in court in litigation for the amount of time spent on this. He also asked if the developer could bring the City to court for delaying the project. City Attorney Jamnik replied we have to engage in negotiation first and follow the dispute resolution first or we would not have jurisdictional authority to go to court. Due to the township's lack of consent, we are now in the dispute resolution provision of the OAA. Ifwe do not extend the 60 days, he will provide other options at that time. Mr. Todd Larson, 819 7th Street, member ofthe Farmington/Castle Rock Discussion Group, stated they held a special meeting for this project with the township representatives. When we left the meeting, we had an agreement. That is why it is on the agenda. The Town Board makes the agreements for the township. We left with a positive agreement. He did not understand how they can bring it back for a special meeting with their Town Board and still have it on the Council agenda. We had an agreement, there was no reason for the Town Board to have a special meeting. Their representatives agreed to this. During the OAA meetings, things kept changing. The discussion group met and reached an agreement. They had a positive recommendation. Voting for: Soderberg, Fogarty, Wilson. Voting against: McKnight, Pritzlaff. MOTION CARRIED. b) Adopt Resolution and Ordinance - Twin Ponds Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat, Wetland Conservation Act Permit - Planning This item was tabled to the January 16, 2007 Council Meeting. c) Approve Agreement for 210th Street Right-of-Way - City Attorney This was to approve the general terms for the 21 oth Street right-of-way for drainage and utility easements for the extension of 21 Oth Street through the Empire Liberty addition. The proposed compensation for the right-of-way splits the difference between the land owner's appraisal and the City's appraisal. Contemporaneous with the City's acquisition ofthe right-of-way the property owner would acquire an industrial park lot from the EDA. The Contract for Private Development will be presented to the EDA at their January meeting. This would allow the property owner to relocate the bus maintenance business currently on the site in the Empire Liberty Addition to the industrial park. Councilmember McKnight noted there is a difference in funding in the swap and asked where the difference would be made up. Finance Director Roland stated because this section of road would open parcels to the east, the City would seek to Council Minutes (Regular) December 18, 2006 Page 12 recoup the costs from the developers farther to the east. Councilmember Wilson asked ifthere has been any other interest on this site in the industrial park and asked if the right-of-way and the real estate transaction could be considered separately. Finance Director Roland replied the lot in the industrial park is 1/3 of a much larger lot. There are no other interested parties because ofthe unusual size ofthe lot and the access issues. City Attorney Jamnik explained the transactions are linked because the property owner does not want to sell without having a place to relocate within the City and that is conveniently located. Councilmember Wilson asked where the cost differential will be made up. Finance Director Roland replied the City will be fronting the cost, but it will be reimbursed at a later time with further development to the east on 21 oth Street. Councilmember Pritzlaffwas confused how 2.295 acres is worth $300,000 when 3.45 acres is only worth $225,000. City Attorney Jamnik stated the industrial park lot is priced at what the EDA has priced industrial park lots for. Councilmember Fogarty explained the lot is a very odd shape with limited transportation. There is also a pipeline and a wetland. Councilmember Pritzlaff asked about the City fronting the difference and for how long. Finance Director Roland stated it amounts to $80,000. City Attorney Jamnik stated the length depends on when the east side opens up for development. This price is good for the next couple months. If you wait two years to acquire road right-of-way it will go up substantially. Councilmember Pritzlaff asked if the City is in a position to front $80,000 for the next four years. City Attorney Jamnik stated the City is fronting $300,000 for the next several years because the EDA fund is a separate fund. The City's road and bridge fund will be taking this hit up front. That is also done in other projects. Councilmember Pritzlaff noted ifthis road does not get done, the second phase ofthe project would not get done. He felt the City was getting into the development business and he did not like it. Mayor Soderberg asked about subsequent improvements to the road and adding a significant amount to the acquisition cost. City Attorney Jamnik explained it transfers a lot of the cost to the developments to the east. The construction costs for that road segment will not be borne by the immediately abutting property to the north. It will be transferred to the east. That property currently has all the access it needs to hwy 3. MOTION by Fogarty, second by McKnight to approve the proposed terms ofthe transaction to acquire a right-of-way easement for the extension of 21 oth Street and direct staff and the City Attorney to prepare the documents necessary to effectuate the transaction. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. d) Frontier Update - Administration Staff has had several conversations with representatives from Frontier. Sufficient information has not been received as to what the City is leasing to evaluate the proposed lease payments. Even with full information for the 120 sites plus the number of buildings Frontier would need access to, the amount on the table right Council Minutes (Regular) December 18, 2006 Page 13 now for lease payments would not motivate staff to bring the deal back to the Council. 12. NEW BUSINESS a) Set Joint Council/Planning Commission Workshop -Planning A workshop with the Council, Planning Commission, and Met Council to explain the comprehensive plan process was set for January 10,2007 at 5:30 p.m. Visioning sessions were proposed for January 31 and February 7,2007. b) Set Joint Council/Empire Town Board Workshop - Planning A joint Council/Empire Town Board informational meeting was set for January 23,2007 at 7:30 p.m. Councilmember Wilson requested the comp plan information be put on the website. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Wished everyone a happy holiday season. Councilmember McKnight: Thanked the Police Chief and the department, the community and the high school students for their efforts with Toys for Town. Councilmember Wilson: Thanked the Police Chief and high school students and everyone who helped with Toys for Town. He wished everyone a happy holiday. Councilmember Pritzlaff: Thanked everyone with their help with Toys for Town and those who donated. On Tuesday he attended the meeting regarding the road safety audit. He distributed the outcome of the study and the results will be placed on the website. He wished everyone a happy holiday. Police Chief Lindquist: He thanked everyone for their help with Toys for Town. They assisted 219 children and 87 families. This is a 30% increase over last year. The donations were unbelievable. City Engineer Mann: The report from the road safety audit gives several recommendations for TH3. MnDOT will be reviewing the recommendations and compiling a matrix as to what they will use. Mayor Soderberg: Toys for Town was heartwarming to see. The amount raised by high school students was amazing. Diane Lynn has been hired as Director of Operations for the DCC. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:10 p.m. APIF, MOTION CARRIED. Council Minutes (Regular) December 18,2006 Page 14 Respectfully submitted, ~7Y7~ Cynthia Muller Executive Assistant