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HomeMy WebLinkAbout01.16.07 Council Minutes COUNCIL MINUTES PRE-MEETING JANUARY 16, 2007 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; Peter Herlofsky, City Administrator; 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; 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 McKnight asked who is attending the school and conference for Economic Development and Finance. City Administrator Herlofsky noted it is Tina Hansmeier and Robin Roland. Councilmember McKnight then asked about the fee increase for the 2007 Seal Coat Project. City Engineer Mann replied it is due to the cost of oil. City Administrator Herlofsky administered the Oath of Office to Councilmember Fogarty. Councilmember Fogarty pulled the Council Minutes to abstain from voting. Councilmember Wilson mentioned he would also be interested in attending the economic development/finance conference. City Administrator Herlofsky noted staffwill also be bringing back materials to share with everyone. Councilmember Pritzlaff pulled the Council Minutes for comment. He commented the list of businesses was great and noticed the Subway on Pilot Knob was not listed. Regarding the building permit report he was looking for a comparison of the dollar amount compared to what was budgeted. This will be provided at the next meeting. Regarding the bill for Aslakson's Blacktopping, he felt this was a late payment as the project is substantially complete and any remaining funds should be held for punchlist items. City Engineer Mann replied staff double checked the contractor's numbers and Council Minutes (Pre-Meeting) January 16, 2007 Page 2 reduced the amount the contractor requested. Staff is retaining funds for punchlist items. Councilmember Pritzlaff asked for the dollar amount that is being retained. Regarding the curbside clean-up day agreement, Councilmember Pritzlaff questioned the charge for appliances and electronics. Staff explained it is the City that will be paying the fee to Certified Recycling, not the residents. 5. STAFF COMMENTS City Administrator Herlofsky requested Council give some thought to topics they want to discuss at workshops and a date for a retreat. Finance Director Roland added a supplemental item to accept a bid for the coolers from the liquor store. Administrative Services Director Shadick informed Council she has received calls from a couple residents commenting on the landmark designation of the home at 409 Spruce Street. Residents were concerned with the designation as the reconstruction is still in progress. The designation is based on the shape and style of the house. The reconstruction work does not interfere with the reason for the landmark designation. 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:48 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ;?r7.,/~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR JANUARY 16, 2007 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; Peter Herlofsky, City Administrator; 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; Cynthia Muller, Executive Assistant Gary Pipho, Bryce Olson, Douglas Bonar, David Marsh, Randy Oswald, Joel West, Mike Pierce, Lee Kindem, Renee Auge, Beve Preece 4. APPROVE AGENDA Councilmember Fogarty pulled the Council Minutes to abstain from voting. Finance Director Roland added a supplemental item 7s) Award Cooler Bids. MOTION by Pritzlaff, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce Promoted Employee - Police Police Chief Lindquist introduced Officer Gary Rutherford who was promoted to Sergeant. b) Introduce Promoted Employee - Administration Administrative Services Director Shadick introduced Danielle Cahlander who was promoted to full-time Communications Specialist. c) City Hall Presentation - Wold Architects Mr. John McNamara, Wold Architects, presented the design development of the new City Hall for approval. The project budget is $9,143,000. An alternate will be included in the bids for finishing the expansion space. MOTION by Fogarty, second by Wilson to approve the design development submittal. APIF, MOTION CARRIED. Council Minutes (Regular) January 16, 2007 Page 2 6. CITIZEN COMMENTS Mr. Mike Pierce, 5137 203rd Street W, congratulated Council on the new City Hall. Most taxpayers feel this is good and it will help staff support the City. Regarding the new sports facility proposal by the school district, he was puzzled by recent negative comments made by certain members and City staff. He will render these comments as made by individuals and not City employees. The City has had many opportunities to construct and support additional sports facilities. Council received a recommendation to go forward with an initial phase of construction of athletic fields and a building. The recommendation was tabled citing the City's financial inability to bond the project as it related to current construction projects. The City is charging the school district for building permits related to the new high school project. Those permits are based upon square footage and use, so in relation to the facilities the school is proposing, the City would receive an additional large permit fee for those as well. Given the current cautious climate the City has relating to building permits and future budget goals, Mr. Pierce stated it was hard for him to understand why the City would not be supportive of a measure which would lead to a 6-7 figure permit fee. The proposal is for ISD 192 to build the structures now. This will cost the taxpayers approximately $50/household/year. That same project financed by the City would cost the taxpayers $240/household/year. He hears the term fiscal responsibility used in Council and School Board meetings. The only way to be responsible is to allow the voters to make the most economic choice for themselves. One person at the last School Board meeting commented the City already has a Parks and Rec department and this is in their realm and it is the responsibility of the City rather than the school district to provide these facilities. As a taxpayer he fully agrees with that statement. If the City is responsible for that, he wanted to know where the additional baseball, softball and soccer fields and swimming and hockey facilities are to support the youth and encourage the residents to spend their income in this community. He hoped no one begrudged the school district the opportunity to provide the facilities. Most residents do not care whether the City or the school district builds it. They want to make the best economic choice and see it through. Many on the Council and staff are supportive ofthis idea. He encouraged those who are supportive to begin voicing their opinions on the subject. He does not want the as yet uninformed residents to get the impression everyone is wholly against this proposal. There are many details to be worked out, but the beneficiaries of the construction will be all of us and more importantly the future taxpayers that will be drawn to the community. Mr. David Marsh, 204 1 st Street, stated due to some confusion he was in attendance at the last meeting. He and local residents have petitioned to have the 2020 Comp Plan changed in their area. They have been assessed a fee of $650. They requested to have the fee waived. He received a letter stating Council upheld the fee. He was asking why when he has thousands of dollars tied up in this already. He also asked Council to amend the fee so he can move forward. Mayor Soderberg stated he can move forward with what he would like to do. The action at the last meeting was "therefore action" and there was no motion. The fees are set at the beginning of the year. Mr. Marsh clarified that is the final action, that the fee will stand and they are not guaranteed whether the request for the comp plan will be approved. Mayor Soderberg stated the fee will stand. The zoning and Council Minutes (Regular) January 16, 2007 Page 3 comp plan for that area were changed a few years ago. At that time there was opportunity for residents to comment. Mayor Soderberg feels the zoning in that area is correct. Mr. Marsh stated natural progression does not stop three houses short of the park and the river. Natural progression would have taken it all the way to the bridge and that was not done. The residents are stuck with worthless property they cannot sell residentially or commercially. They had a meeting with the Planning division and one resident said they did not care one way or the other and that he would not sell commercially. That holds the plan up for everyone else to sell because one resident is not willing. He has a house he cannot sell residentially because he has to disclose it is in a commercial zone. He cannot make any structural changes, all he can do is maintain it. The property value has gone down because he is unable to do what he wants to his house. A permit fee to allow him to remodel his home would be more than $650. He lost money on the CUP and to have it surveyed. Mr. Marsh asked where that leaves him and what are his alternatives? Mayor Soderberg stated he can submit the application and go through the process, but the fee would be applied. There is no guarantee as to the outcome. Mayor Soderberg stated he favors leaving the zoning as is. Mr. Marsh asked the rest of the Council for their opinions. Councilmember Fogarty stated she was not at the last meeting and would need more information. The remaining Councilmembers were comfortable with leaving the zoning as is. 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: b) Approved Appointments to Boards and Commissions - Administration c) Received Information Comprehensive List of Businesses - Economic Development d) Adopted ORDINANCE 007-568 Approving Text Amendment - Planning e) Received Information 4th Quarter Building Report - Building Inspections f) Received Information 2006 Stormwater Survey Results - Engineering g) Approved School and Conference - Finance/Economic Development h) Approved School and Conference - Fire Department i) Approved School and Conference - Fire Department j) Received Information School and Conference - Human Resources k) Adopted RESOLUTION RS-07 Accepting Donation - Parks and Recreation I) Adopted RESOLUTION R6-07 Accepting Donation - Parks and Recreation m) Received Information Park Signage Purchase - Parks and Recreation n) Adopted RESOLUTION R7-07 Approving Gambling Event Permit - Administration 0) Adopted RESOLUTION R8-07 Approving 2007 Joint Powers Agreement for Street Contracting Services - Engineering p) Approved Curbside Cleanup Day Agreement - Engineering q) Adopted RESOLUTION R9-07 Accepting Donation - Parks and Recreation r) Approved Bills s ) Awarded Cooler Bids - Economic Development APIF, MOTION CARRIED. Council Minutes (Regular) January 16, 2007 Page 4 a) MOTION by McKnight, second by Wilson to approve Council Minutes (1/2/07 Regular). Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to approve Council Minutes (12/28/06 Special). Voting for: Soderberg, McKnight, Pritzlaff, Wilson. Abstain: Fogarty. MOTION CARRIED. MOTION by Fogarty, second by Wilson to approve Council Minutes (1/8/07 Special). Councilmember Pritzlaffnoted this was a workshop with Engineering. He read a statement he made at the meeting regarding Council not having rating sheets for the mill and overlay project when the project was first brought to them. The second set of ratings showed all but one ofthe streets was significantly worse than the first ratings. Using the second set of ratings it should have been a full reconstruct so in the end we did the wrong project. Councilmember Pritzlaff stated that is his personal feeling based on the information from the pavement management rating sheets. There were two different sets and the numbers showed what they were. He left the meeting at 6:53 p.m. and after that the Mayor made a comment stating to look at two different documents from two different sheets and say we did the wrong project is foolishness. Councilmember Pritzlaff asked the Mayor what he meant and it was in direct conflict of his opinion on these two documents. Mayor Soderberg stated the pavement management program is an internal engineering tool. Mayor Soderberg stated he is not an engineer and does not pretend to understand what those documents reflect without actually talking to engineering. For Council to say we can take two sheets of paper and make a determination based on that is foolishness if you do not understand how pavement management works and you do not understand those internal engineering tools. It was not meant to be a personal affront. Mayor Soderberg stated he understood Councilmember Pritzlaffwanted to leave to attend the School Board meeting which is your right, but had you stayed we could have gotten some of those issues resolved which Councilmember Pritzlaffhad identified. Each person around the table discussed the issues they had. His comments were not directed to Councilmember Pritzlaff specifically. Councilmember Pritzlaff stated when he had questions he did ask staff. He is not an engineer, but whenever he has questions on anything, he comes to staff to ask questions so he is comfortable. He was comfortable reading the sheets and using the numbers as a tool to make his decision. If he had them earlier he would have made a different decision. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Heritage Landmark Designations - 409 Spruce Street and 509 Oak Street - Administration The Heritage Preservation Commission has determined that the Cadwell House, 409 Spruce Street, and the Thelen House, 509 Oak Street are eligible for landmark designation. Staff received two phone calls from residents regarding the Cadwell House. The neighbors agreed with the designation, but were concerned with the timing as remodeling of the home is still being done. The historic consultant feels the remodeling does not have any affect on the historic significance. The designation is based on the form and shape of the home. Ms. Renee Auge, 409 Spruce Street, stated they are doing the work themselves and are well aware ofthe historical details of the home. They are trying to be as Council Minutes (Regular) January 16, 2007 Page 5 true to the original building as possible. They have had some setbacks with replacing the siding. MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by Fogarty to adopt RESOLUTION RI0-07 designating the Cadwell House, 409 Spruce Street and the Thelen House, 509 Oak Street as Farmington Heritage Landmarks on the official City zoning map. APIF, MOTION CARRIED. b) Adopt Resolution - Vacate Drainage and Utility Easement - Charleswood Crossing - Planning Centex Homes requested to vacate a drainage and utility easement for two single- family residential lots in the Charleswood division. This is for Lots 6 and 7 of Block 2. This was due to are-design of the grading plan and there is no longer a storm sewer in that location. MOTION by McKnight, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt RESOLUTION Rll-07 approving vacating the drainage and utility easements located on Lot 6, Block 2 and Lot 7, Block 2 of the Charleswood Crossing plat. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approve Development Contract for Farmington Area High School and Authorize Use of Eminent Domain for Flagstaff Avenue Improvements - City Attorney/Engineering City Attorney J amnik presented the Development Contract for the new high school. The district and the City are still pursuing modifications to the improvements including the interceptor to be built with the cooperation of the City of Lakeville that would require modifications to the dollar amounts. The Development Contract provides a mechanism to accommodate future changes with regard to the interceptor as well as the timing ofthe project itself. District and City staff and Council will be meeting regularly to adjust the schedule as necessary. As part of the improvements to Flagstaff Avenue, engineering has identified the need to acquire additional easements. Because of the timing of the proj ect, the road has to be built by the summer of 2009. Land acquisition of the easements to build the road is a primary goal. The resolution authorizing use of eminent domain would be used if necessary to keep the project on schedule. There is a total of 57 parcels. Sketch plans will need to be prepared to determine what property will be needed from land owners. If this action is necessary, it will be brought back to Council first. Eminent domain is a tool of last resort. Councilmember Wilson asked about approving the development contract now and then possible future changes due tb the Sportsplex. City Attorney Jamnik explained it would not change the contract, but it could change the traffic Council Minutes (Regular) January 16, 2007 Page 6 management plan. Any changes or additions to the site are not required as part of the development contract. Councilmember Wilson asked about the date of the sketch plan referenced in the development contract. He had a concern with the contract referencing an outdated exhibit. City Attorney Jamnik stated any subsequent changes to the site plans would be attached to the contract as part of the engineering and specification plans. Councilmember Pritzlaff wanted to make sure approving the contract does not tie the timeframes of 208th Street if a sportsplex is built. The agreement says 20Sth Street will be built either when the football stadium opens and when there are 1750 students and/or the construction of202nd Street from Lakeville to Farmington is completed. He wondered how much more traffic the sportsplex will add at the same time the students are there and there should be an emergency. He was concerned with adding more traffic than what was originally planned in the Settlement Agreement. City Attorney J amnik noted the Settlement Agreement states the school and the City shall share information for timely construction of208th Street. Nothing would preclude the City and the school district from building the road earlier than what was agreed to in May 2006. Councilmember Pritzlaffwould like to have more accesses than Flagstaff if the sportsplex is built. He recalled there was to be no other development in the area and the school would be out there by itself. Although the sportsplex is a portion of the school, it is actually an addition to development we said would not occur. City Attorney J amnik stated the Settlement Agreement covered several items including adjacent development. The school district made commitments to not propose additional conversion of non-high school property on adjacent property. The agreement does state the City and the school would continue to look at future community recreational needs to explore additional opportunities for recreational facilities on both existing and future public school and municipally owned sites. If comments are made that the sportsplex will provide an economic stimulus in areas immediately surrounding the high school adjacent to Flagstaff Avenue, that is a violation of the agreement. If the statements are an economic stimulus and community betterment on a community-wide basis, that is not a violation of the agreement. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R12-07 approving the Development Contract for Farmington Area High School and RESOLUTION R13-07 authorizing condemnation ofland for public purposes. MOTION by Wilson, second by Pritzlaffto divide the question. Voting for: Pritzlaff, Wilson. Voting against: Soderberg, Fogarty, McKnight. MOTION FAILED. Mayor Soderberg stated there is a motion to adopt the resolutions for the development contract and to authorize the use of eminent domain for Flagstaff Avenue. Councilmember Wilson stated he is supportive of the location of the high school site. His concern is not the changes within the site, but the fact the school board may be considering this next Monday. He would rather have the Council act on this after there is more clarity from the school district and if a sportsplex will be on the site. It will be up to the voters whether or not there will Council Minutes (Regular) January 16, 2007 Page 7 be a sportsplex. Councilmember Wilson stated he will not be making any public comments one way or the other. There is a substantial need for facilities and when the City identified the issue, the tax impact to residents was tremendous. The impact to the school district to look at a similar issue is much more favorable. It is to their credit they have taken the course to work with members of the athletic association to consider this. The Settlement Agreement states in recognition ofthe City's and the school district's mutual interest in and need for recreation facilities to augment the school district's existing future curricular, extra-curricular and community education needs and objectives as well as the City's existing and future recreational community needs, the City and the school district mutually agree to explore as appropriate opportunities for joint recreational facilities and programs on both existing and future public school and municipally owned sites. Councilmember Wilson stated the school district is not required to come to the City. The fact that there may be significant changes on the site is not inconsistent with the contract. He was mildly disappointed at the school board that ifthe sportsplex proposal has been developed and initially brought out in May that they wouldn't, given all the frustration with the Settlement Agreement, want to make the City aware and give us an opportunity to partner with them. Before receiving the development contract, it would have been nice to have a dialogue with the school board. He was discouraged we have not had the opportunity to do that. Voting for: Soderberg, Fogarty, McKnight. Voting against: Pritzlaff, Wilson. MOTION CARRIED. b) Approve 2007 Park Construction and Planning Projects - Parks and Recreation Parks and Recreation Director Distad reviewed the 2007-2011 Parks Capital Improvement Plan. Councilmember McKnight noted there is $45,000 budgeted for the park and rec master plan portion of the comprehensive plan update and asked what that would entail. Staff replied it would cover putting together a plan including all maps, future direction for parks, trails, and recreational programs, community input with public open houses, etc. It was proposed to work with Hoisington Koegler to package the park master plans with the overall development of the park and recreation chapter of the comprehensive plan. Councilmember McKnight asked how much we are paying consultants to do the major portion of the comprehensive plan. City Administrator Herlofsky noted we are relying on the planning staff for that. Councilmember McKnight noted that is his point. It was hard for him to support hiring a consultant on a small but important portion of the comprehensive plan when we have staff doing the work on a majority of the comprehensive plan. Councilmember Fogarty was looking at the consultant fees and noted the City would be spending $5,000 for a consultant for $35,000 worth of improvements. She asked at what point have we learned enough from the consultants that we can plan the parks on our own. We have a very talented Park and Rec Commission Council Minutes (Regular) January 16, 2007 Page 8 and staff. Parks and Recreation Director Distad noted an advantage to having a consultant is that they can listen objectively to residents. They have experience with graphically laying out the plan. Staff does not have that expertise. Councilmember Fogarty asked ifthere was a conference or software where staff could learn this. Staff noted the other part is the time it takes to do the work. Mayor Soderberg noted the City Administrator is very in tune to Council's concern about spending money for consultants. As park and rec moves forward it will be filtered by the City Administrator to make sure it is necessary and that it could not be done in-house. City Administrator Herlofsky stated they wanted to make sure Council saw the numbers. He suggested working with some expertise as far as the mapping and break the costs down. We could also look at Dakota County for assistance with mapping. Mayor Soderberg noted the only concern he has heard is with consultants. He had faith in staff and the City Administrator to bring something to Council that is necessary. While we have planning staff working on the comprehensive plan in-house, he suspected eventually we will see consultants for other portions of the comprehensive plan. We have great staff, but when we have huge projects like this, we do need to contract some outside expertise. City Administrator Herlofsky noted we do not have a lot of staff. We have good staff who work very hard. Sometimes expertise is needed that is not available and we need to look at a better way to accomplish this. It is primarily the mapping portion that takes a lot of time. Staff will look at options and bring this back. If the money is not spent on a consultant, it stays in the park improvement fund. Councilmember Wilson asked about the status of a veteran's park. Staff replied it is now up to the veterans. They are looking at a piece of land that has not been brought into the comprehensive plan yet. Councilmember Wilson noted there are many young children in his neighborhood of Middle Creek. He would have liked to see that park developed and asked if it was scheduled for 2009 or is there a way to re-prioritize. He would like to see more of a defined park. Staff replied the biggest issue with Middle Creek park is that there is no street frontage. A portion of the park is privately owned. A lot ofthe amenities are identified for that area. There was also a concern with having a ball field and not having parking. Councilmember Wilson asked if the Park and Rec Commission could look at that area and at least have some of the more popular amenities in another area of the park. Councilmember Pritzlaff asked why $10,000 is allocated for 2007 for Newland's Fairhill park when it will not be built then. Staff replied they have submitted the documents for platting. The first phase of the development contains the park area so they would be deeding the park area to the City. The actual defined area of the park is still being worked out. Councilmember Pritzlaffwas also concerned with the $45,000 for consultants. He noted we are taking cash in lieu for parks that are coming in 2007 and using that money on old parks. He felt the money should be used to build the parks in the developments from which the money was received. Council Minutes (Regular) January 16,2007 Page 9 Staffnoted the parks needed to be upgraded for safety concerns and to be compliant with regulations. The cash in lieu can be used for other park areas as long as you are making improvements to the park that increase the carrying capacity of the park. There is no funding source for the older parks to develop. To continue to receive funding the City needs to look at whether they want to continue to use development fees or start levying money for park improvements. It was decided to have park improvements as a workshop topic and Council agreed to table this item for staffto work on it further. Councilmember Pritzlaff wanted to table this item until after a workshop. City Administrator Herlofsky stated staff will review the use of consultants and some of the park improvements based on comments made. Council was comfortable with the construction projects. Councilmember McKnight wanted staff to work on the area of using consultants. Councilmember Wilson agreed with the projects identified. There should be a discussion with staff, Council, and the Park and Rec Commission on future planning. He would prefer the City look at a large community park rather than neighborhood parks. Projects for Mystic Meadows, Newland, and ball fields are in the direction he would like to move. We should finish the projects from last year. As far as workshop topics, he would put strategic planning ahead of this topic. Councilmember Pritzlaff suggested looking at what features in the parks are not necessary. Mayor Soderberg noted the issue with consultants for the comprehensive plan update was the biggest concern. If that were to be taken out of the budget he asked if Council would vote on this budget so parks has some direction from Council. We have reviewed these in the parks master planning process and the Parks and Rec Commission has reviewed them. There was no motion, so this item will be brought back after a future workshop. c) Adopt Resolution - 2007 Seal Coat Project Feasibility Report - Engineering City Engineer Mann reviewed the streets included in the 2007 Seal Coat project. The total project cost is $209,800. The estimated assessment would be $79.30 per residential equivalent unit. Some of the residents included in this area were also assessed for Ash Street. These will be identified at the public hearing on March 5, 2007. Councilmember Pritzlaff asked what ratings will be used to determine where seal coating is necessary. Staff explained it is a judgment call by the Engineer and the Public Works Director. MOTION by Pritzlaff, second by Fogarty to adopt RESOLUTION R14-07 accepting the feasibility report, scheduling the public hearing for March 5, 2007 and authorizing preparation of plans and specifications. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Twin Ponds Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat and Wetland Conservation Act Permit - Planning Council Minutes (Regular) January 16, 2007 Page 10 The CDA is proposing to construct 50 townhome units for affordable housing and single-family homes. The comp plan amendment would be to change the area from medium-high density residential to low density residential and rezone the property from R-4 to R-I in the southern portion ofthe Twin Ponds addition. The CDA agreed to pay a park dedication fee for the private tot lot. The developer has been working to resolve the issue with traffic movement to the west and the north. They proposed to construct a 30 ft. wide roadway that would attach to the existing right-of-way on the front of the Tollefson commercial property. Tollefson is proposing to provide a 60 ft. wide easement for a temporary ingress and egress on the south side of their property. The CDA will also provide a right-of-way to allow access to the west either directly onto TH3 or traffic can take the frontage road to Centennial Drive to the north. The right-of-way will continue to be dedicated by the CDA going north, but there will be no road construction. It will be a dedicated backage road. Approval of the preliminary and final plat and the Wetland Conservation Permit is contingent on the following: 1. Execution of the temporary ingress and egress easement agreement by Tollefson Development. 2. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 3. Execution of a Development Contract between the developer and the City and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Councilmember McKnight asked if the frontage road is a City street. City Attorney Jamnik replied it is not dedicated and there is no formal easement, however the City has maintained it for many years so the City would have legal jurisdiction over the improved portion. Councilmember McKnight noted this is proposed as a temporary solution. He would like to see the Centennial Drive access as the permanent solution from the beginning. City Attorney Jamnik explained the easement is listed as temporary, but it is indefinite until such time as the backage road is constructed and full access is provided at Centennial Drive. Councilmember McKnight asked how they will close off the access to TH3 closest to Heritage Way. Staff replied that will be up to MnDOT. They want to close off as many accesses as possible to TH3, but keep Centennial Drive and 225th Street open. Councilmember Pritzlaff stated it is a temporary access that he is not in favor of. He wanted the road to go north to Centennial. He asked what communication has been done with this developer and the developer of Executive Estates as far as the issue of roads and a joint venture on the cost of 225th Street and roads leading into the south side ofthis development. Staff stated the concern at the previous meeting was that all ofthe traffic was heading south to Executive Estates. Now, the traffic will go west and north rather than south to 225th Street. Council Minutes (Regular) January 16, 2007 Page 11 Councilmember Pritzlaff suggested not having Executive Estates connected to this development. Staff explained that planning is done and the street is in in Executive Estates. Mayor Soderberg noted it is a policy for the City to have interconnecting neighborhoods. Councilmember Fogarty asked if Council could set a date where a permanent connection could be made. City Attorney Jamnik replied it could be placed in the City's CIP. Right now, the City would have to condemn additional right-of-way from the property owners at that intersection. City Administrator Herlofsky stated as far as a specific date, that is difficult. The cooperation received from Tollefson Development and their desire to develop the property along TH3, as well as the road belonging to the City, it does give the City some leverage in trading land if possible to encourage the developer to acquire the land north of their property. As the homes are built, that will cause additional pressure to develop the property along TH3 for services for that neighborhood. MOTION by Wilson, second by Fogarty to adopt RESOLUTION R15-07 amending the comprehensive plan from medium-high density residential to low density residential on the southern portion of the property subject to Metropolitan Council approval of the 2020 comprehensive plan amendment application. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. MOTION by Fogarty, second by Wilson adopting ORDINANCE 007-570 rezoning the property from R-4 (medium-high density residential) to R-1 (low density residential) in the southern portion of the Twin Ponds Addition. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. MOTION by Wilson, second by Fogarty adopting RESOLUTION R16-07 approving the Twin Ponds preliminary and final plat and the Wetland Conservation Permit with contingencies. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. b) Adopt Resolution and Ordinance - Fountain Valley Comprehensive Plan Amendment and Rezoning - Planning The area consists of commercial, medium density, the Biscayne corridor, low- medium density, low density, and a park. City Administrator Herlofsky noted Castle Rock township did not take action on this item at their meeting on January 9,2007. They will review this again later in the month. Therefore, staffis requesting Council take action on the comp plan amendment and rezoning and direct the City Administrator to initiate the dispute resolution portion of the Orderly Annexation Agreement if necessary. Mr. Gary Phipho, Castle Rock Town Board, stated a change in the comprehensive plan is a long-term decision and is permanent. He asked Council to not vote on this and to give the Town Board the opportunity to resolve a few more issues. He believed this would be resolved at'their January 23,2007 meeting. He was concerned this would be perceived negatively by Castle Rock residents. Council Minutes (Regular) January 16, 2007 Page 12 MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R17-07 amending the comprehensive plan from non-designated to low density residential, low-medium density residential, medium density residential, commercial, and park and open space subject to Metropolitan Council approval of the 2020 comprehensive plan amendment application. Councilmember Pritzlaff stated there were some compromises from the developer at the workshop and felt those compromises are not part of this. The township had a great deal going with the compromises the developer made. If it had been acted on by the Town Board, the residents along the east side might have had a better deal. That is not part of this. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to adopt ORDINANCE 007-570 rezoning the property from A-I (Agriculture) to R- I (low density residential), R-2 (low-medium density residential), R-3 (medium density residential), B-1 (highway business), and P /OS (parks and open space). APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to initiate the dispute resolution portion of the Orderly Annexation Agreement and proceed with contacting mediation services for assistance in resolving this issue. APIF, MOTION CARRIED. c) Elm Street Project - Boulevard Trees and Grass - Engineering Some trees have been identified that will have to be removed due to utility construction along Elm Street. Staff is still reviewing other impacts and how the sidewalk will affect the trees. Dakota County has indicated they would be willing to modify the sidewalk location in order to minimize tree loss. It is the plan to replace trees that are removed and to fill in any gaps. The second issue is turf establishment once the project has been completed. Staff has learned of a product that is a mulch compost mixture that has seed in it. This would avoid some of the issues with sod. Council agreed to use the new product. Trees will be a workshop topic. d) Discuss Workshop Topics -Administration Topics suggested by Council include: - Strategic Planning - Council communication and overall City communication - Parks and rec - Council's role - Complete engineering issues - Assessment policy Strategic planning and engineering issues should be discussed in the near future. Mayor Soderberg suggested keeping a running list of workshop topics. At the February 12,2007 workshop Council will discuss strategic planning and a date for the retreat could be set at that time. Councilmember Pritzlaff suggested adding Council's role to that workshop. Council Minutes (Regular) January 16,2007 Page 13 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked the firefighters for the invitation to their banquet. She attended the grand opening of the new Northfield Clinic. Councilmember McKnight: Thanked the Fire Department for the invitation to their meeting. Many firefighters received awards. He recognized Ron Lindstrom who was awarded Firefighter of the Year. He received a call regarding the lack of outdoor ice availability yesterday. Staff explained it is policy not to plow rinks on holidays or weekends so as not to incur overtime. Staff does clear trails and sidewalks on holidays and weekends because of a safety issue. Councilmember Wilson: Thanked Lee Smick for her work on the comprehensive planning. She has been very focused and engaged with the Met Council and other communities. Councilmember Pritzlaff: Thanked the firefighters for the banquet and recognized their service throughout the year. He talked with Parks and Recreation Director Distad regarding the snow on Sunday. He noticed the trail along Akin Road was plowed overnight. He was told that was overtime, but we do not plow hockey rinks because it is overtime. He asked if trails needed to be plowed on an overtime basis. Mayor Soderberg stated that would be a policy discussion and could be discussed in a workshop. Finance Director Roland noted the ice rinks are a recreational facility where it is a choice to participate on the ice. The trails and the sidewalks are City property and as such are subject to liability insurance issues with regard to accidents. Consequently, the policy was administered to avoid insurance nightmares. That is worth overtime as it keeps the City from a lawsuit from someone slipping on the City's trails or sidewalks. Councilmember Pritzlaffwondered ifpeople would be using the trail in the cold weather and not having school the next day. Councilmember Fogarty stated she is not interested in changing the policy. There are many people who depend on the trails as their form of transportation. Councilmember Wilson asked staff to determine how much it would cost to clear the rinks on holidays or weekends. City Administrator Herlofsky: A major project was accomplished without a lot of fanfare and that was the approval of the Development Contract for the high school. He thanked Lee Mann and Lee Smick for all the work they did. He suggested scheduling an event with the Council and the school and for the public to celebrate the event. Council agreed. Mayor Soderberg: Under the Consent Agenda there was an item where the Department of Homeland Security recognized John Powers, Fire Marshal, as a subject matter expert and requested his assistance: He acknowledged donations received from the Farmington Rotary Club and ZNR, Inc. He attended the ribbon cutting at the Council Minutes (Regular) January 16, 2007 Page 14 Northfield Clinic and noted it is first rate. Having Mayo system doctors coming to Farmington is a big deal. They are exploring having after hours urgent care which would be a huge step for Farmington. Plan Farmington visioning sessions are scheduled for January 31 and February 7 where residents can help plan the future ofthe City. Sessions will be held from 6 p.m. - 9 p.m. at the Central Maintenance Facility. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:59 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~m~ Cynthia Muller Executive Assistant