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HomeMy WebLinkAbout02.21.06 Council Minutes COUNCIL MINUTES PRE-MEETING February 21, 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, Pritzlaff, Wilson McKnight Joel Jamnik, 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 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty suggested moving item 11a) 195th Street Extension to TH3 Project to the consent agenda. Councilmember Wilson asked about an attachment for the comp plan amendment and rezone for the Regan property. He wanted to make sure the action tonight was to rezone from A-I to B-1 and that staffis continuing to discuss the road issue with Mr. Regan. Mayor Soderberg noted the attachment was written to the Planning Commission and was only information for Council. Attorney Jamnik explained the only conditions that will apply are those Council attaches to their actions. Councilmember Pritzlaff also asked about the item for the Regan property and the statement that this initial extension is proposed to be constructed with the development of the adjacent Perkins property. The last remaining section ofland needed to make the connection between TH3 and Cambodia Avenue is the former railroad right-of-way that is now part of the Regan property. He asked ifthis resolution sets that road in place. Staff replied no and explained that memo is for the Planning Commission and they did not make it a contingency. It was only for information. Council Minutes (Pre-Meeting) (DATE) Page 2 Councilmember Pritzlaff then asked about the preliminary 2005 financials. He asked questions about the revenues for licenses and permits. Staff explained licenses and permits are also issued by other departments and not just Community Development. He also asked about the year-to-date totals for revenues and expenditures. Staff explained the revenues in the general fund are about $109,000 short from the adjusted budget and expenditures are approximately $200,000 over the adjusted budget. The general fund has $6.8 million in revenue and $7 million in expense. Finance Director Roland explained revenues and expenditures for various funds. Councilmember Wilson asked to add another total line for Special Revenues and Enterprise Funds. City Attorney Jamnik added an Executive Session to discuss ISD 192 litigation update. Mayor Soderberg suggested moving the 2006 Mill and Overlay Project to Consent. Councilmember Pritzlaffwas wondering since Councilmember McKnight was absent if they should table accepting the study for the Community Center. Mayor Soderberg noted this is to discuss the location and the basic concept. Staff explained any further discussion will be postponed until after the goal setting session. Staff wanted to present background information to Council so they would have it prior to the goal setting session. It was agreed to have the presentation. 5. STAFF COMMENTS 6. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 6:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/? - ./Y?~ L-</ .," Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR February 21, 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, Pritzlaff, Wilson McKnight Joel Jamnik, 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 Karen Neal, Michelle Franke 4. APPROVE AGENDA Councilmember Fogarty moved item lOb) 2006 Mill and Overlay Project and item 11a) 195th Street Extension to TH3 Project to the Consent Agenda. City Attorney Jamnik added an Executive Session for discussion ofISDl921itigation update as a continuation of the discussion at the last meeting. Acting City Administrator Roland added a supplemental item for Appointment Recommendation - Administration. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (2/6/06 Regular) (2/13/06 Special) b) Adopted RESOLUTION R21-06.Approving Gambling Event Permit- Administration c) Approved Temporary On-Sale Liquor License - Administration Council Minutes (Regular) February 21,2006 Page 2 d) Set March 6, 2006 Interview Date for Rambling River Center Advisory Board - Administration e) Received Information School and Conference - Finance f) Approved Appointment Recommendation Police - Human Resources g) Approved Appointment Recommendation Parks and Recreation - Human Resources h) Approved Assessment Agreement - Ash Street Project - Engineering i) Adopted ORDINANCE 006-550 Approving Text Amendment Allowable Uses and Maintenance of Boulevard Trees and Reference to Street Trees - Community Development j) Approved Bills k) Approved Appointment Recommendation Administration - Human Resources I) Adopted RESOLUTION R22-06 Approving 2006 Mill and Overlay Project- Engineering m) Adopted RESOLUTION R23-06 Approving 195th Street Extension to TH3 Project-Engineering APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) NPDES Phase II Annual Report - Engineering Jen Collova, Natural Resources Specialist gave an update on the Storm Water Pollution Prevention Plan. The program needs to meet six requirements: 1. Public Education and Outreach 2. Public Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention/Good Housekeeping The report will be due June 30. With the new permit the City will need to get to 1988 standards for the amount of discharge. Also the width of the buffers will have to change for new developments. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Accept Summary Report Community Center Study - Parks and Recreation The Community Center Study Committee has completed their work. They addressed the following: 1. Develop a detailed construction budget and preliminary design and site plan 2. Explore sites and prioritize 3. Explore partnerships and make a recommendation Council Minutes (Regular) February 21,2006 Page 3 Bonestroo, Rosene, Anderlik was hired as a consultant to the committee. Ballard King was also involved with the partnership aspect. Mr. Jim Maland of Bonestroo presented the tasks the committee accomplished. The study identified a program based on the community's needs. The committee re-evaluated the program and went through space by space and rated them in order of importance to establish a phasing plan consisting of two phases. The committee looked at eight sites and chose the Newland Communities property. Diamond Path is to the west and north, 195th Street is on the south, and there are wetlands to the east. The Community Center would be located in the southwest comer of the property with parking and also baseball and soccer fields. This is a 55-acre site. Mr. Maland discussed what features would be included in phases one and two. The estimated cost is $16 million for phase one and phase two is $3.6 million. This also includes site improvements, but does not include the athletic fields. The financial scenario shows the most money the City would pay for phase one if it were to go out for referendum without any additional partners. The City needs to look at what the effect would be if the City added $16 million to their bonding if the referendum passed. The debt service would be for 20 years. This would be a market referendum which would mean the burden of the payment would come from residential properties, not commercial properties. If the referendum were approved, the earliest we could break ground would be in 2008. A $250,000 house would see an increase to their taxes of approximately $163 in the first year declining over a period oftime down to $74.51 in 2027. The land would be obtained through park dedication, so the City would not be paying for the land. MOTION by Fogarty, second by Wilson to accept the Community Center Summary Report, approve the Newland Communities site as the preferred site for a Community Center, approve continuing to explore Community Center financial partners, approve the Community Center concept plan that identifies the spaces and phasing plan for a Community Center, and postpone a decision on a referendum until after the City Council Goal Setting Retreat on March 10, 2006, but no later than April 30, 2006. APIF, MOTION CARRIED. c) Adopt Resolution and Ordinance - Comprehensive Plan Amendment and Rezone - Regan Property - Community Development Mr. Pat Regan has submitted applications to amend the comp plan from non- designated to industrial as well as a rezone application from A-I to 1-1. The property was annexed into the City on June 9, 2005 when it was given an A-I zoning designation. Mr. Regan has entered into a 10-year lease agreement with Mobile Mini Storage. This business would supply mobile storage units, offices, and trailers to various locations in the Twin Cities and perform repair and maintenance on site. They would utilize two ofthe three buildings on site. The Hometown Addition is to the north, TH3 is to the west, Dakota Storage is to the south, and Glenview Townhomes and Bristol Square is also to the south. The Planning Commission reviewed the applications at the February 14,2006 meeting. Staff recommended that the Planning Commission deny the comp plan Council Minutes (Regular) February 21,2006 Page 4 amendment from undesignated to industrial as well as deny the rezone application from A-I to 1-1 due to the property's proximity to TH3 as well as the various properties surrounding it that have a B-1 zoning designation or have that potential. Staff recommended a comp plan designation from undesignated to commercial and rezone the property to B-1. The Planning Commission agreed with this recommendation. Mr. Pat Regan stated he did not have a problem with the comp plan designation to commercial. He had asked for industrial because he understood that is what fit the property under its current use and going back to the original request for annexation, he was ofthe understanding they would be able to continue under their current existing use. He understood industrial was the most applicable zoning. After reading staffs comments about the long-term prospects for the property and the neighboring properties being zoned commercial he can agree with that. As far as the rezoning, he felt their current use more closely fits the B-3 designation rather than a B-1. He was concerned with having to go through a CUP process where all of their uses and setbacks and ability to operate like they have historically would come under scrutiny of a new CUP. In his letter of February 10, 2006 to staff, it is still extremely critical to him where he asked that any CUP conditions be based only on the current applicable conditions for property use in 1-1 zoning districts. After the Planning Commission meeting and talking to staffhe is willing to change that to B-3. Whatever B-3 requires that would be the terms of a CUP that he would be agreeable to. The B-1 zoning is fine as long as everyone understands Mr. Regan is agreeable to the conditions in a B-3 zoning designation as the terms for the CUP. This goes back to his historical request to continue to be able to operate his business or any business like the bus terminal. They have been able to attract one tenant that fits very well under those conditions and under the B-3 zoning requirements. He has one more building at 7800 sq. ft. that is available for lease and they anticipate someone will have a business where they repair vehicles or have to store vehicles inside and outside the building. When he looked at B-1, their use does not closely fit B-1 and he is not prepared to get into a detailed set of scrutinized circumstances having to do with a CUP. He wanted to make it very clear he intends, and they have asked for all along, to operate like a B-3 business. Mayor Soderberg asked if Mr. Regan brought this up to the Planning Commission, which he did. Mr. Regan wanted to make it clear that the CUP that he is willing to agree to would be based on the B-3 zoning requirements. Their setbacks do not fit in B-1. He has already planted screening around his property. If the City approves residential uses next to a B-3 use, they have been there since 1982 as a bus company and Dakota Electric was there prior to that. He wants to continue to operate like they have been. City Attorney Jamnik stated the Planning Commission would have to process the CUP. The Council cannot predetermine the outcome of that CUP application process. The Council does not have jurisdiction over that matter with the Council Minutes (Regular) February 21,2006 Page 5 Planning Commission unless it is appealed to the Council. Mayor Soderberg informed Mr. Regan that the City is intending on putting 210th Street somewhere in the vicinity of the old railroad right-of-way to make a connection. Mr. Regan stated he has been aware of that for a long time. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R24-06 amending the Comprehensive Plan from non-designated to commercial for the property located at 21054 Chippendale Court and adopt ORDINANCE 006-551 rezoning this property from A-I to B-1. APIF, MOTION CARRIED. d) Preliminary 2005 Financials - Finance Regarding the general fund, during the revised 2005 budget process, staff cut over $300,000 from the revenues anticipated due to less than expected building permit revenues. The anticipated budget for revenues was $6,902,864. The preliminary estimate as of December 31, 2005 shows revenues will arrive at $6,793,341, a difference of$109,523. Of that, approximately $84,000 is a further shortfall in permit revenues from anticipated. There is also a mark to market adjustment for the investment income. Staff holds all investments to maturity and does not sell them at market any time prior to maturity. Consequently we will capture all of the investment interest we have on the books. The adjustment amounted to $55,000. Regarding special revenue funds, the park improvement fund had a revised budget for revenues of $346,000. They almost doubled that revenue due to the significant amount of park dedication fees which were collected in 2005 due to the development ofParkview Ponds and Mystic Meadows. The Rambling River Center almost made revenue budget and the pool exceeded budgeted revenues. Revenues in the enterprise funds went from 79% of budget which is the sewer revenue and will change once the final analysis of billings is done and adjust the accounts receivable, to 136% of expected revenues in the storm water fund. This number is significantly increased due to corrections that were made in billing and some errors found from previous years which have been recouped. Liquor operations were at 92.99% of budgeted revenues and this is with the downtown store moving for two months out of the year instead of the anticipated four months. With regard to expenditures, staff attempted to reduce expenditures by the same $300,000 which amounted to revised expenditures of$6,886,189. At this point expenditures are at $7,061,417. Two departments exceeded budget, one was at budget and the rest were under budget with revised numbers. The Administration budget was over due to three months of salary and benefits that normally would have arrived in 2006 but was expended in 2005. The Police Department budget is at 106.96% due to two factors. One was the storm on June 24,2005 and the costs of cleanup are included under the Emergency Management Division budget under Police services. Also in 2005 we had significant costs due to two personnel issues. One was the school district requested a second liaison officer. However that officer was offset by 100% recoup on his salary and benefits from the school district. The other personnel issue"s were a couple of retirements where severance packages were paid out. Transfers out is not at the budgeted level and does not Council Minutes (Regular) February 21,2006 Page 6 need to be. This is due to the fact the Rambling River Center and the swimming pool did so well this year and do not require the level of transfer outlined. This may be reduced by $10,000 - $15,000 in expenditures. The Park Improvement Fund had a budget expenditure of $399,000 and they came in at $461,000, but they had the revenues to counter balance that. The Rambling River Center and swimming pool were both significantly under for their expenditures and therefore less of a transfer is necessary. Regarding expenditures for the enterprise funds, the liquor operations have not been adjusted for significant capital outlay costs. Sewer, solid waste, storm water, and water all were under budget for expenditures. The water budget has not been adjusted for any trunk fees. The expenditures for the upsizing in Ash Street have not been transferred yet. Mayor Soderberg noted the improvements in the budget for the Rambling River Center, the pool, and the ice arena. He commended all of staff for holding expenses down. 11. UNFINISHED BUSINESS b) Adopt Resolution - Authorize Advertisement for Bids Spruce Street Extension Project - Engineering At the October 18, 2004 meeting Council ordered the plans and specifications for the Spruce Street extension project. The plans are ready for approval and to go out for bid. The improvements include the roadway, the bridge, street lighting and storm sewer from Denmark Avenue including improvements on Denmark as far as turn lanes, all the way to the center of Vermillion River Crossings. During the design process, landscaping was added to the median along Spruce Street, trunk watermain was also proposed to be added to this project rather than a private development project in the future. Those trunk facilities will be funded by the trunk fund. Also included are some gateway monuments and aesthetic improvements at Denmark and Spruce Street. Interpretive signage, etc. could be included in the monument. Staff gave Council the option of including this as an alternate in the process. If the bids come in favorably, then Council could decide whether to include this in the project. If the bids do not come in favorably, this could be added as a project in the future. The estimated budget is $3,350,000. The City has received a Met Council Livable Communities Development Grant in the amount of$955,000 specifically for the bridge and improvements. The trunk watermain costs are estimated at $400,000 and would be funded out of the trunk water fund. The estimated project cost for the gateway improvements is $490,000. Council agreed aesthetics will be very important to this project and supported including the gateway monument in the bid process. MOTION by Wilson, second by Pritzlaffto adopt RESOLUTION R25-06 approving the plans and Council Minutes (Regular) February 21,2006 Page 7 specifications and authorizing advertisement for bids for the Spruce Street Extension Project. APIF, MOTION CARRIED. c) Snow Removal Policy - Sidewalks on Ash Street - Engineering There are two property owners along Ash Street that will not grant the City the easements necessary to allow the City to remove the snow on the sidewalk along Ash Street. Previous Council direction indicated if complete cooperation was not received, staff would enforce the ordinance regarding snow removal on sidewalks as is. Mayor Soderberg stated it was his understanding it would be all or none. Therefore, the snow removal policy regarding sidewalks will continue according to City policy. To bring this forward again, property owners would need to bring a petition to Council. Staffwill inform residents who had agreed to the easement, that it will not be needed. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked Parks and Recreation Director Distad and his staff for the great Park and Rec programs offered. Councilmember Wilson: was hired. Stated he was glad to see a new Communications Specialist Councilmember Pritzlaff: Noted the website says we are still removing Christmas trees. Staff replied it was removed after the last meeting. He attended the Council and Park and Rec Workshop, the ribbon cutting at Round Bank, the MUSA Review Committee meeting, and attended the Experienced Elected Officials Conference. Finance Director Roland: The Goal Setting is scheduled for March 9 for Council and the Acting City Administrator and on March 10 for Council and the Management Team. The March 9 meeting will start at 5 :30 in the Council Room and Council should anticipate 2-3 hours. Supper will be provided. On March 10, the meeting will begin at 7:30 a.m. in the Police Facility conference room. The full Council will be present until 11 :00 a.m. After that we will be missing one Councilmember. Councilmember Fogarty anticipated needing the whole day. Staff will be working on the agenda for that workshop. It is staffs intent prior to that workshop to give Council all of the background information for the items to be discussed so more time can be spent talking about the projects themselves and issues related to them and not spend a lot oftime reviewing history and information already received. City Engineer Mann: The MN Office of Pipeline Safety along with the legislature put forward some legislation that requires Cities to locate within a distance of 2 ft. City sewer and water services in the right-of-way. We have not been required by law to do that up until this time. The water lines are not difficult to locate, however the Council Minutes (Regular) February 21,2006 Page 8 sanitary sewer pipe is plastic and there is no locating wire. Staff now has to locate them within 2 ft. or the City is liable for any conflicts that occur with small utilities that come through those areas. Staff is putting standards into place as far as sanitary sewer service construction is concerned that will allow staff to do that locating. Detail plates will be sent out to contractors and developers by the end of this week. Staffis obligated by law to start locating those services for anything built after January 1,2006. Council will also be provided a copy of this packet. Mayor Soderberg: He attended the reception for Round Bank and Thursday Round Bank will be hosting the Chamber's Business After Hours. They have a conference room that will hold 40 people. 14. EXECUTIVE SESSION -Discuss ISD 192 Litigation Update 15. ADJOURN Respectfully submitted, ~~. 7'Y?~ C/ . CynthIa Muller Executive Assistant