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HomeMy WebLinkAbout01.17.06 Council Minutes COUNCIL MINUTES PRE-MEETING January 17, 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, McKnight, Pritzlaff, Wilson Fogarty Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/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; Benno Klotz, Solid Waste Supervisor; Lena Larson, Administrative Assistant 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Wilson noted regarding the fire station, the 2005 bonds were issued higher than the adjusted budget. Finance Director Roland explained the calculation. Councilmember Pritzlaffhad a question regarding the solid waste ordinance and asked how many days a resident had to be gone. Staff replied if someone is gone 60 days or more, they would qualify for the exemption. There are approximately 35 exemptions and of those approximately 12 are for exemptions other than going south for the winter. Administrative Assistant Larson noted the exemptions are to not receive garbage service ever and they apply annually. Snowbirds are just for those that leave for the winter and that is a different form. Councilmember Pritzlaff wanted to clarify that for the snowbird exemptions we will pick up the cans and they will not receive the same can back. He had suggested changing the color of the lids. He did not see why we should pick up cans, take the numbers off, store them, and put new numbers on in the spring. He would still favor a policy that we use a different color lid for the snowbirds and when they return, change the lid back. Supervisor Klotz stated the issue is the neighbors use the can when it is sitting in the alley. They do not put numbers on the cans anymore, they use washers. Lids are $18 each. Council Minutes (Pre-Meeting) January 17, 2006 Page 2 Councilmember Pritzlaff then asked about the RFP for the community survey. He noted we conducted 400 surveys in 2001 and noted with the growth in population, he asked if the 400 would be increased. Acting City Administrator Roland anticipated two or three companies would come back with a survey of a certain size and a procedure. Councilmember Pritzlaff noted on the 4th quarter building permit report we are at 198 new residential permits and also some commercial. He asked what the revenue is versus expenditures. Finance Director Roland replied those numbers will be available in February. At this point, we cut $300,000 out of the revenues for building permits for 2005. With this number of permits, that will put us down another $90,000. 5. STAFF COMMENTS Acting City Administrator Roland noted there will be a supplemental item to adjust the legal description for an annexation. Administrative Services Director Shadick gave an update on the HA V A requirements. HA V A requires that all cities with any election after December 31, 2005 are required to provide accessible voting equipment for individuals with disabilities. Federal funds were allocated for this purpose. Dakota County has been guaranteed a grant for $967,137 to satisfy these requirements. State law requires the county adopt an equipment plan before any funds are allocated. On January 10,2006 Dakota County Board voted to approve a plan to purchase six ES&S Automark machines. The HA V A machines do not work with the current equipment. Because of this, the election judges may have to duplicate the ballots. Hopefully for 2008 or 2010 the current vendor will have another solution. The grant money will completely fund the HA V A requirement for 2006 to purchase machines, one per polling location. The county is in the process of submitting a grant for $411,000 to purchase additional optical-scan equipment, which is currently being used. Farmington will be adding precincts this year. Administrative Services Director Shadick reminded Council ofthe Counci1lHPC Workshop for January 18, 2006. The workshop will be video taped for use in the Preserve America program. 6. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 6:54 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~kJn~~ v Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR January 17, 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, McKnight, Pritzlaff, Wilson Fogarty Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/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 Ruthe Batulis, Tim Pietsch, Valerie Geurin, Mike Helgestad, Tarra Smedshammer, Randy Oswald, Krista Flemming, Trey Mewes, Chad Collignon, Alex Heetland 4. APPROVE AGENDA Acting City Administrator Roland added item lib) Adopt Resolutions - Minor Boundary Adjustment Abutting Executive Estates. Mayor Soderberg requested starting the February 15,2006 Park and Rec Commission Workshop at 5:00 p.m. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Ms. Ruthe Batulis, Northern Dakota Chamber Ms. Batulis, President of the NDC, stated the Chamber is dedicated to supporting business success. Last year the Chamber adopted an economic development initiative. They will be actively involved in any policy that impacts business. She brought forward a concept based on the Chamber's discussions with the City regarding collaboration between the business community and the elected officials and staff. The title of the concept is the Economic Growth Committee. The Chamber and the business community have identified economic development and redevelopment as a high priority. They are using a successful program from Burnsville that has been in place since 1987. The committee has offered, in an advisory capacity, information and recommendations from industry experts for Council Minutes (Regular) January 17, 2006 Page 2 transportation, retail development, strip mall development, City lighting, green space and brown space development. This is an advisory committee comprised of appointees from the Chamber and the City in areas of expertise including finance, development, land owner, business owner, utilities, education, Council, Chamber, and a staff member. The mission of the committee would be to receive input and provide recommendations, be a sounding board for redevelopment and development, do strategic planning and marketing, form task forces and special committees to deal with specific problems and take the pulse of the business community through retention calls and strategies. Their goals are consistent with the Council and the EDA. It is a proactive approach to economic development. It is a strategic approach to employment opportunities, job retention, and enhancement of the tax base. The group could also provide professional input on business park attractions through research and best practices, and provide professional input in research in development and redevelopment of our historic Farmington while maintaining and developing a viable and vibrant shopping district. She noted new members will be approved on the EDA tonight. This is a great start, but with the issues and initiatives we face in Farmington and the initiatives that are listed in the web site and the land use portion of the comp plan, it indicates that we need a very high level of professional advisory expertise. The committee will work in concert with the City staff, the EDA, and the Council to provide a strategic approach to the many issues we face in the community. Councilmember McKnight stated he is in full support ofthis and was very happy to see this group of business owners and volunteers step up and help us work on an issue that is important to all of us. Councilmembers Wilson and Pritzlaff were also in support of this. Mayor Soderberg stated economic growth and expansion of the business community has been a personal goal and a goal ofthe Council. We are expanding the EDA and would imagine the Economic Growth Committee would work closely with the EDA. The EDA's next meeting is February 27, 2006. He suggested working through this with the EDA. Ms. Batulis stated they would be happy to attend that meeting. She felt they should put a joint resolution together between the Chamber and the City and outline the duties as they are separated from the EDA. She sees the EDA being more tactical and the EGC being very strategic and futuristic in nature so that we are not dealing with things that are here right now, but things that need to happen and make sure we have the infrastructure and the things in place for 5-10 years. Mayor Soderberg stated we are starting to reshape the EDA and he sees one working strategically and one tactically, but it would be nice for those two groups to work very closely together. That is where it should start and then come to a Council level so we do not duplicate efforts or work at cross purposes. He liked to have the business community involved and it makes for an exciting future. 7. CONSENT AGENDA MOTION by McKnight, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (113/06 Regular) b) Approved Appointments to Boards and Commissions - Administration Council Minutes (Regular) January 17, 2006 Page 3 Mayor Soderberg read the names of those appointed to various Boards and Commissions. c) Approved Temporary On-Sale Liquor License - Administration d) Adopted RESOLUTION RS-06 Approving Gambling Event Permit - Administration e) Acknowledged Award Order and Authorized Payment Eminent Domain Proceeding - City Attorney f) Received Information School and Conference - Police Department g) Adopted RESOLUTION R6-06 Accepting Donation Rambling River Center- Parks and Recreation Donations have been received for the Rambling River Center from the Akin, Sypal, and Wicktor families. h) Adopted ORDINANCE 006-547 Approving Solid Waste Ordinance Amendments - Parks and Recreation i) Set February 15,2006 CouncillParks and Recreation Commission Workshop- Parks and Recreation j) Authorized RFP Community Survey - Administration k) Received Information Project Update - Fire Station #2 - Finance I) Received Information LMC Experienced Officials Conference - Administration m) Adopted RESOLUTION R7-06 Approving LELS Contract - Human Resources n) Approved Appointment Recommendation - Fire Department - Administration Mayor Soderberg congratulated Mr. Tim Pietsch on his appointment to Fire Chief. 0) Adopted RESOLUTION R8-06 Approving CDBG Allocation - Community Development p) Received Information 4th Quarter Building Report - Community Development q) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Ms. Valerie Geurin has submitted a license application to practice therapeutic massage at Hadler Family Chiropractic. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to approve a therapeutic massage license for Valerie Geurin at 625 8th Street. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - 195th Street Extension to TH3 Project - Engineering Staff presented the feasibility report for the extension of 195th Street to TH3. The annexation ofthe Seed property and the partnership with Newland Communities enables this project to move forward. This project will include a bridge which will span both the railroad tracks and North Creek. There will also be a connecting road between the north and south areas of the Seed property that will Council Minutes (Regular) January 17, 2006 Page 4 be split by this roadway. There are two intersections. One is 1100 ft. west of TH3 and the intersection with Deer Brook Path from Mystic Meadows. The City has been working with the DNR on North Creek. North Creek will be re- meandered into a more natural stream alignment. This will bring the creek further to the east which will allow a shorter bridge. The road will be two lanes. The intersections will be designed with turn lanes. The lanes will be on the north side of the right-of-way of 195th Street. As it comes to TH3, those lanes will shift to the south. The development on the east side of TH3 will build the southerly lanes of 195th Street. At this time there is an issue with the grades on TH3. The grade going north on TH3 would have to be lessened to allow for a signal at 195th Street and TH3. To allow for a signal, the intersection would have to be raised and the hill would have to be lowered. Those discussions are taking place. The cost of the project is estimated at $12,133,000. Councilmember Wilson asked about the difference in cost between an aesthetic bridge and a functional bridge. City Engineer Mann replied significant enhancements are about 15% of the cost of the bridge. This could be a difference of approximately $200,000 or more. Councilmember Pritzlaff asked ifthe railroad will be paying any portion of the bridge. City Engineer Mann stated the railroad does not need the bridge, so they are not interested in helping fund the bridge. Councilmember Pritzlaffthen asked about the right-of-way and ifthe county will want this to be a four-lane road. City Engineer Mann replied in 2001 the east-west corridor study was not completed to where 195th Street was identified as a four-lane divided. Up to now, it has been identified as a four-lane undivided. The county standard right-of-way for an undivided roadway is 120 ft. If the City wants it to be a divided roadway, the right-of-way will need to be 150 ft. Staff is planning for the 150 ft. right-of-way. Councilmember McKnight asked about the location of the intersection of 195th Street and TH3. Staff stated it is just south ofthe golf course. Mayor Soderberg felt the intersection at TH3 will have to be signalized sooner than the state allows. Staff noted the state stepped up quickly to identify what the grade will need to be. 195th Street continues through the development east of TH3 and will eventually connect with Biscayne Avenue. In 2001 the county stated they would participate in the construction of the final extension of 195th Street to TH3. The caveat is that they will not participate in a piece-meal approach. It had to connect all the way to TH3. This project meets that criteria. The county has a policy where they do not get involved in projects that are development driven. It is their opinion that this project is somewhat development driven. In an effort on their part to try to be consistent, they have indicated they will participate in the portion of the roadway between the two intersections. The county will pay 55% and the City 45%. The rest will be up to the City and Newland Communities. The funding does not include any work that would need to be done on TH3. Staff outlined how the county, City, and Newland will participate in the various costs. The county will pay $4,437,000, the City $1,947,000, and Newland $5,748,000. In 2006 the first phase will be the grading for the roadway and the water main. In 2007 the road, bridge and storm Council Minutes (Regular) January 17, 2006 Page 5 sewer work will be done. The re-meandering of the creek will be done in 2008. Part of it will have to be done when the bridge is built. The county will decide whether to enter into an agreement the end of January. The road should be open for traffic in 2007. Ms. Krista Flemming, Newland Communities, stated the staff has been very helpful in working through this process. She agreed with the report and the cost estimates. They are moving forward toward a concept plan. She sees the bridge aesthetics as being integral. There is a certain allowance of money for bridge aesthetics. Newland will be looking at this to see if there is a benefit to enhancing the bridge further. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R9-06 accepting the feasibility report for the 195th Street extension to TH3 project. APIF, MOTION CARRIED. b) Consider Tree Preservation Standards - Community Development There is currently a tree preservation ordinance in the City code which is general in nature and hard to enforce. Council has indicated an interest in enhancing the ordinance. Staff asked for more direction on two issues. The first issue is coverage. Should it be only for new large development proposals in undeveloped areas, or should it include this plus existing residential homes where home owners would have to apply for a permit to remove a tree. Mayor Soderberg noted the second option goes to land owner property rights. He is not in favor ofland owners obtaining permission for removal of existing trees. Councilmember McKnight asked if tree preservation is a problem right now. Staff stated it depends on your perspective. Some are concerned about trees that have already been removed and those that could be removed. Councilmember McKnight has not received any comments that this is an issue where we need to enhance the ordinance. Councilmember Pritzlaff also was not in favor of the second option. The big picture is looking at residential and commercial development where trees are taken down. He asked if there was any language requiring developers to replace a certain amount of trees. Staffnoted a developer submits a landscape plan with how many trees are on the lot and how many will be removed. There is an expectation that they will be replaced. Councilmember Wilson would like to see more specification for the first option. He would like developers to design their plans around the natural amenities. He would like to see specific replacement type ratio for new developments where significant amounts of trees will be removed. He does not support requiring a private home owner to obtain a permit to remove a tree, except where boulevard trees are concerned as they are required by the City. Staff felt there was not a strong interest in looking at tree removal on privately- owned, already developed residential properties. Community Development Director Carroll asked if there was any value in looking at acreage limitations. Council Minutes (Regular) January 17, 2006 Page 6 Mayor Soderberg stated as far as acreages, the land owners are responsible land owners. If they choose to clear cut a piece of woods, it is theirs. They should not have to get a permit. With regard to developments, developers will want to save as many trees as possible. They are required to put in trees as part of landscaping. He would agree with looking at that if something needs to be tuned up. He is reluctant to make it more oppressive. Staff noted there is always the possibility of land being sold to a developer who is less responsible. If a developer wants to remove trees to make more developable land, is that something Council will accept. Mayor Soderberg asked how much forested area is left. Staff would have to do an aerial view to determine this. There is a fair amount of expense to do a tree inventory. Councilmember Pritzlaffwas concerned about a developer removing trees and how it affects neighboring properties. Staff agreed this is a problem they are running into. Developers are required to plant boulevard trees. As far as trees on the lots, the home owner may want trees placed differently than the developer. Mayor Soderberg noted staffhas spent a considerable amount of time on this. He is not interested in doing a tree inventory and would like to receive comments from Councilmember Fogarty. He directed staff to bring this back to the next meeting to obtain her comments or comments from developers. Staff should not do any additional work until that time. MOTION by Soderberg, second by Pritzlaffto table this item to the February 6,2006 Council meeting. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Reconsider Liquor License Suspension - B&B Pizza - Police Department During the January 3, 2006 meeting, there was a public hearing regarding liquor license violations. During the hearing for B&B Pizza, Mr. Dave Eldridge stated he was the new owner and he had bought out the partners. He pleaded for leniency as a new owner. The Council granted that request. Information discovered the next day while reviewing the application, shows that while Mr. Eldridge is a new partner, he is not the sole owner, and one of the original partners remains with the business. As staffwas under the impression that Mr. Eldridge was the sole owner, staff felt Council may also have been under that misperception. If that is the case, and Council wants to reconsider the penalties amended at the last meeting, then Council should set a new public hearing. If Council understood that Mr. Eldridge was a partner and not a sole owner, then no action is necessary. Councilmembers understood Mr. Eldridge became a new sole owner and misrepresented himself. MOTION by Pritzlaff, second by Wilson to reconsider the public hearing for B&B Pizza liquor license violation. APIF, MOTION CARRIED. MOTION by McKnight, second by Wilson to set a public hearing for February 6, 2006. APIF, MOTION CARRIED. b) Adopt Resolutions - Minor Boundary Adjustments Abutting Executive Estates - City Attorney This is a minor boundary adjustment for the area abutting Executive Estates. There was an error in the legal description in the annexation. There is ajoint resolution for approving the annexation and resolution for the detachment of Council Minutes (Regular) January 17, 2006 Page 7 property. The detachment is for a driveway that serves the property to the east on the north side of 225th Street. MOTION by McKnight, second by Pritzlaff approving the JOINT RESOLUTION R10-06 for orderly annexation. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by Wilson approving RESOLUTION Rll-06 for detachment of property. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Consider Ordinance Amendment - Schedule of Presumed Penalties - Police Department At the last meeting, Council requested staff prepare a penalty schedule for liquor license violations. The matrix presented is used by Lakeville and was for Council's review only. Staffwill prepare a recommendation and bring it back to the next meeting to allow for Council to consider it and to receive input from current liquor license holders. Councilmember McKnight supported the violations being in place beforehand and wanted to invite the liquor license holders to the next meeting. Council suggested preparing the penalties according to the number of violations in a time period. It is staffs intention to increase the number of compliance checks. Staffwill prepare a draft of the penalties and provide this to Council and businesses. Staff pointed out 15 liquor license holders passed the compliance checks and many have never failed. Project Northland and the Police Department are sponsoring a seller's training. b) Consider Policy - Snow Removal on Sidewalks Along County Roads - Engineering This item relates to the Ash Street improvements. The City's current policy is to plow trails along county roads. The City does not maintain sidewalks adjacent to county roads and the property owners are required to maintain the sidewalk. The right-of-way along Ash Street is very narrow and the sidewalk is only 6 ft. behind the curb. Therefore, when the county road is plowed, the snow goes onto the sidewalk. Staff asked Council to consider a policy for the City to remove the snow from the sidewalk along Ash Street. The City would have to haul the snow away, or obtain a license from the property owners to put the snow on their property. The snow would be placed on the boulevard as much as possible. Councilmember Wilson was in favor of keeping the policy as is. Councilmember Pritzlaff asked about obtaining permission from the property owners. Attorney Poehler stated it would depend on if you obtain a license or an easement which would run with the land, not the owner. Councilmember Pritzlaff noted we might obtain permission from some owners and not others. Councilmember McKnight stated the Council wanted the sidewalk. It is a safety issue when the snow is not removed so he would be in favor of having the City remove the snow. Mayor Soderberg stated because of the reduced setback and the county plow throwing snow on the sidewalk, he would entertain the City cleaning the sidewalk if a license were received from all property owners. It is all or none. The City Attorney will draft a license and staff will contact the property owners. Staff will Council Minutes (Regular) January 17, 2006 Page 8 try to bring this back to the February 6,2006 meeting. Mayor Soderberg stated if we cannot get a license to do all the properties, then the current ordinance stays in place for property owners to clean the sidewalk and it will be enforced. Council agreed. Staff noted current policy is that snow must be removed within 12 hours after a snowfall. If a complaint is received, a notice is sent to the property owner. If the sidewalk is not cleared, the City clears it and the property owner is charged. 13. COUNCIL ROUNDTABLE Councilmember Wilson: Attended the Fire Department banquet and congratulated Justin Elvestad on being named firefighter of the year. Councilmember Pritzlaff: Also congratulated Mr. Elvestad on his award. Finance Director Roland: The State of the Region will be presented by Mr. Peter Bell, Executive Director of the Met Council on January 30,2006 at 10:00 a.m. at the MN History Center. March 4, 2006 is the proposed date for the Council Goal-Setting Workshop. A facilitator is not in the budget this year. This will be more of a specific goal-setting session. It might be held at the Central Maintenance Facility and should take 4-6 hours. The date will be set at the February 6,2006 Council meeting and a memo outlining items to be discussed at the session. Parks and Recreation Director Distad: The Community Expo will be held on January 28,2006 at the high school from 9:00 a.m. - 12:00. Councilmembers Wilson and McKnight volunteered to attend. Mayor Soderberg: Wednesday is the Chamber lunch. Thursday is the Dakota Communications Center Board meeting and Councilmember McKnight will also attend. A Special Council Meeting will be held January 23,2006 to discuss information on a new City Administrator at 5:30 p.m. He congratulated Justin Elvestad on being fire fighter of the year. He appreciated the good work the Fire Department does. 14. ADJOURN MOTION by McKnight, second by Pritzlaffto adjourn at 9:23 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~"'--' Jr7J~ Cynthia Muller Executive Assistant