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HomeMy WebLinkAbout06.06.05 Council Minutes COUNCIL MINUTES REGULAR June 6, 2005 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; David Urbia, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Randy Oswald, Karen Neal, Greg Feely, Fred Melo, John Anderson, Mike Cox 4. APPROVE AGENDA Councilmember McKnight pulled item 71) Appointment to Heritage Preservation Commission for discussion. City Administrator Urbia added a supplemental item 7u) Adopt Resolution - Extension of MUS A to the Mattson Farms Property. Regarding item 12b) Cedar Corridor Transportation Infrastructure Group, more information was provided to Council. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Solid Waste Mr. Joe Hince was introduced as the new Solid Waste Operator. b) Swearing-In Police Officer - Administration Officer Matt Hendricksen was sworn in as a new Police Officer. His father, Corporal Barry Hendrickson pinned on his badge. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by McKnight, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (5/16/05 Regular) Council Minutes (Regular) June 6, 2005 Page 2 b) Approve Temporary 3.2 Beer License - Administration c) Approved Name of Park in Parkview Ponds Development - Parks and Recreation d) Approved Request to Waive Fees for Rambling River Days - Parks and Recreation e) Approved School and Conference - Parks and Recreation 1) Received Information Capital Outlay - Parks and Recreation g) Approved Capital Outlay - Liquor Operations h) Authorized Appointment Recommendation Detective Sergeant - Police Department i) Authorized Appointment Recommendations Patrol Sergeant - Police Department j) Acknowledged Retirement Police Department - Human Resources k) Received Information Capital Outlay - Information Technology m) Adopted RESOLUTION R69-05 Approving Gambling Premises Permit - Administration n) Received Information Downtown Traffic Study and TH3 Concept Update - Engineering 0) Adopted RESOLUTION R70-05 Middle Creek East 3rd Addition Development Contract-Engineering p) Adopted RESOLUTION R71-05 Mattson Farm Development Contract- Engineering q) Approved 2006 ALF Budget - Administration r) Approved DNR 50/50 Matching Grant - Fire Department s) Approved City Administrator Goals and Employment Agreement - Administration t) Approved Bills u) Adopted RESOLUTION R72-05 Extension of MUS A to the Mattson Farms Property - Community Development APIF, MOTION CARRIED. I) Appointment to Heritage Preservation Commission - Administration Staffhas received an application for a vacant seat on the Heritage Preservation Commission. Councilmember McKnight wanted to interview the applicant at the next Pre-Council Meeting just to be consistent. Staffwill contact the applicant. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - Accept Bids Fire Station - Administration Mr. Mike Cox, Wold Architects, stated bids were received for the Fire Station No. 2 to be located on the north Municipal Campus. Eleven bids were received. The low bid was from Lund Martin for $1,706,700. The budget was $1,755,331. The remaining amount will be used for contingencies. MOTION by Wilson, second by Pritzlaffto adopt RESOLUTION R73-05 accepting the total base bid and both alternates of Lund Martin Construction in the amount of $1,706,700 and Council Minutes (Regular) June 6, 2005 Page 3 awarding the project. APIF, MOTION CARRIED. Mr. Cox stated they will prepare a contract and schedule a ground breaking. b) Sanitary Sewer Televising Services - Engineering Quotations were received for sanitary sewer televising services. Hydro-Vac Inc. submitted the low quote of$26,175. The service is for a three-year period. Through this process, staff can find problem areas. The City is divided into 5-7 areas and they are done on a cycle. MOTION by McKnight, second by Wilson to approve entering into a contract for sanitary sewer televising services by Hydro-Vac Inc. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Request to Rename the Farmington Civic Arena - Parks and Recreation Staff has received a request from Mr. Keith Kramer to rename the Farmington Civic Arena to the Schmitz - Maki Arena. This is to honor two community members who were instrumental in starting and fostering the growth of hockey in Farmington. During the discussion with the Park and Rec Commission members, two questions came up. One was if the Farmington Civic Arena was renamed to the Schmitz-Maki Arena would it make it difficult to demolish the existing ice facility later if a new ice facility were built. The second question was if a new facility were built does this mean the new facility should carry the name Schmitz- Maki Arena. Mr. Kramer and others addressed these questions with the Park and Rec Commission and there are no strings attached to this. They just want to rename the facility in honor of both of these gentlemen. The park/facility naming policy states that a facility can be named after someone if one or more of the following is met: I. A long-time City employee, volunteer or supporter. 2. A citizen or family of the community. 3. An individual, family or organization supported the project financially. The policy also stated that the Park and Rec facilities should be named carefully and with permanent intent. The signage was not discussed at the Park and Rec Commission meeting. In 2004 the Park and Rec Department installed a new sign at the arena at a cost of $2, 1 00. This issue should be addressed. Mr. Kramer has indicated that if the facility is renamed they are willing to pay for the cost of a new sign. Mr. Keith Kramer stated the request was approved unanimously by the Park and Rec Commission. They would like to have the arena renamed the Schmitz-Maki Arena to honor Louie Schmitz and Al Maki. Mr. Schmitz started the hockey program and made a huge commitment to the program. He did everything necessary to see the program succeed. These gentlemen are in the state hockey hall of fame. He and others will commit to paying for the cost of the sign. These two gentlemen put a lot of time into the program. Council Minutes (Regular) June 6, 2005 Page 4 Mr. John Barger, stated he is a high school hockey coach in Burnsville and grew up in Farmington. He was also swayed by Mr. Schmitz to become a hockey player. These gentlemen are the icons of Farmington hockey and that tradition goes back a long ways. Mr. Schmitz was a community person and had the idea to give kids an opportunity at no cost, make them feel good about what they are doing, and send them on their way happy to have them come back again. Every kid got an equal opportunity to play no matter how good they were. Their family runs deep in the hockey tradition. Mr. Schmitz was one of the state leaders in developing girl's hockey. You would have to go a long way to match the record that Mr. Maki produced in Farmington. He was one of the first inductees into the high school hall of fame. They supported people on and off the rink. He felt this was an opportunity for the Mayor and Council to put their name on something that they can take a lot of pride in. Councilmember Wilson stated what is so neat about this opportunity is you can name something after a great hometown hero. He thought this was a phenomenal idea. He did not see the two questions being an issue. Councilmember Pritzlaff also thought it was a great idea. Councilmember Fogarty stated the fact these people put their money where their mouth is speaks volumes to their dedication. She finds this honorable. Councilmember McKnight stated he also played for Mr. Maki in high school and played for one of Mr. Schmitz's sons. MOTION by McKnight, second by Fogarty to rename the Farmington Civic Arena to the Schmitz-Maki Arena and work with the volunteer group to raise money for the signage. APIF, MOTION CARRIED. Mayor Soderberg stated it is fitting to honor two gentlemen that have made a difference to the Farmington youth. b) Dakota County 2006-2010 CIP - Engineering Dakota County is in the process of preparing their CIP for 2006-2010. They have solicited comments as to what the City would like to see in the draft CIP. Staff has met with the county to discuss which projects the City is interested in seeing. Projects include: 195th Street from Autumn Glen to TH3 - 2006 CSAH 31, CSAH 50 to CSAH 74 - 2007 CSAH 74, Denmark to CSAH 31 - 2007 CSAH 50, Division Street to TH3 - 2008 195th Street, Flagstaffto Cedar - 2009 Traffic Signals along Pilot Knob Road 208th Street - Cost Participation Policy Staff asked Council for any projects they wanted added or deleted. Councilmember Pritzlaff asked about the cost participation for 208th Street. This would be from the Middle School to TH3. City Engineer Mann stated a time frame has not been set in stone. The feasibility report was done to identify some costs that related to potential development in the area. Some of the issues related to the powerline. There is no set date for the project. Councilmember Council Minutes (Regular) June 6, 2005 Page 5 Pritzlaff asked if the project would be moved up to allow for the cost participation rather than waiting and possibly lose the county's participation. City Engineer Mann stated if the county decided they were willing to participate and they had some funds to spend on the project that would be a factor in the decision. Councilmember Wilson noted the future Diamond Path is not on the list, which is a county road. He asked if that is because it will be a developer built road. He thought by 2010 some segments ofthe road would be in. City Engineer Mann stated there have been some discussions as to whether Diamond Path or a portion of it should be a county road. The projects requested to be in the CIP are severely under- funded. Staff feels the section of Diamond Path north of 195th may be a county road someday. The portion south of 195th is another question. If that would become a county road, then the county would take back a portion of Akin Road which was turned back to the City several years ago. This is a unique potential staffis not sure the county is interested in following up on. To connect to 1 95th Street with Diamond Path as a county road and have it terminate as a county road at 195th Street will continue to be discussed. Councilmember Wilson hoped staff would let the Council know what is needed from the Council to see these projects become a partnership with the county. Once the county receives all the cities letters for the draft they will create their draft CIP. It will be sent out for review and in October they will want a resolution from the Council specifically asking for certain proj ects to be in the CIP. Councilmember McKnight asked staff to explain the reasoning in including 195th Street from Flagstaff to Cedar. City Engineer Mann explained a couple years ago the Council asked that be included as a request. With the large amount of traffic from Farmington moving to the west and to the north, that was an important connection. The county agrees. Councilmember Fogarty stated when she started on the Council they were completing an east-west corridor study. She was surprised they have not started a north-south corridor study. City Engineer Mann replied right now they are still working with the east-west corridors. He has heard them talk about the potential for the next step to look at north-south. They are not as dire an issue as the east- west corridors. He felt eventually there will be a north-south corridor study. Mayor Soderberg asked if these were to get on the county's CIP in the time line identified, would we be able to afford to do these? City Engineer Mann replied that would depend on the combination of developer and county funding. If they occurred in areas where development is occurring, then the developer's would end up paying the City portion. It depends on the timing. Staff does not anticipate all these projects will go on the CIP. However, it is important to keep the county informed as to when they will be needed. There are a lot ofthings that are needed that do not get done until the funding shows up. Finance Director Roland noted there are a number of the projects that are identified on the City's CIP. Moving them ahead or behind a year would have an impact on the City's CIP. However, Council Minutes (Regular) June 6, 2005 Page 6 the numbers in the City's CIP also take into consideration the total commitment ofthe developer to pay their portion ofthe assessments for those particular projects. Mayor Soderberg noted there are a lot of things on the CIP that mayor may not get done. We need to do some prioritizing. He wondered if it would be better to focus on one project that we really want or are we putting out our Christmas wish list in hoping they will pick the right one. City Engineer Mann stated he asked the county a similar question. The project for CSAH 74 on the south edge of the Spruce Street project had not been discussed with the county and he asked if it would look bad to include it in the letter. The county wanted it included in the letter. They want to know what the needs are and to have them identified. Ifthey are not identified and the costs are not forwarded, then the funding will not be reviewed. c) Adopt Resolution and Ordinance - Hometown Addition Comprehensive Plan Amendment, Rezone and Preliminary Plat - Community Development The requested action is to approve the comprehensive plan amendment, approve the rezone and also approve the preliminary plat. There are three contingencies. 1. The property is approved for annexation into the City of Farmington by the Municipal Boundary Adjustment Office. 2. MUSA is granted by the City and the Met Council upon annexation. 3. The Met Council approves the 2020 Comprehensive Plan Amendment application. The property is located to the east ofTH3, 209th Street is to the north, the Farmington Townhome development is in the area with Tamarack Ridge Park located in the corner and Tamarack Ridge to the north as well as some single family residences. The American Legion is on the west side, with Zarbach Construction and Farmington Plumbing and Heating. The bus garage is currently at the Municipal Boundary Board awaiting approval of annexation. The area consists of7.64 acres. There are two properties, the American Legion and the Frandrup property. The owners of Hometown Inc., Ms. Kim Friedrich and Mr. Terry Mahoney plan to purchase the property. There are opportunities with potential intersections with 209th Street. However, the Corinthian Cemetery is on the east side. The curve causes a problem with trying to get an intersection there. The Planning Commission approved the Preliminary Plat on May 10, 2005. On May 24, 2005 the Planning Commission recommended approval of the Comp Plan Amendment and the rezone. They are proposing 28 single-family lots with two outlots. Outlot A would be a storm water pond. Outlot B was not an approved lot size for a home. There is existing sanitary sewer and water. The developer is looking at lots of 6,000 sq. ft. with a minimum lot width of 60 ft. This would be low/medium density. The comp plan amendment would be from non-designated to low/medium density residential to meet the land use proposed. The rezone would be from A-I to R-2. Council Minutes (Regular) June 6, 2005 Page 7 Regarding transportation, the traffic engineer felt the curve by the Corinthian Cemetery was too difficult of a curve and sight lines were not good enough to allow an access in that area. The major access is from 209th Street through the center of the property and will connect with a cul-de-sac on the north and the south. One cul-de-sac is 660 ft. in length and they received a variance for that. There is a 60 ft. right-of-way for the cul-de-sac and the north-south road. There is a 28 ft. width for the roadway. For this width of street, the code requires parking on one side and sidewalk on the other. A trail is recommended on the east side and leads to the south cul-de-sac. A sidewalk would be located on the north cul- de-sac. There is an existing trail on the south side of Tamarack Park which provides for a connection. Because of the American Legion volleyball courts and the higher construction use buildings in the area, the developer proposed the pond to buffer three lots and the roadway to buffer the bus garage. Some Councilmembers are interested in seeing two of the lots removed. Council proposed turning the lots and to allow for a loop between the cul-de-sacs. The lots could be 63 ft. wide by 150 ft. in depth. There are three lots that comply with the 20 ft side-yard setback. With corner lots you are supposed to have 20 ft. on both streets. Staffwill have to review the front yards. This would mean the developer would lose two lots and possibly just one. Councilmember Fogarty stated the developer was encouraged to keep working on this project. This is leaps and bounds better. However, she would like to see if the end with the cul-de-sacs can be reconfigured for some circulation. Councilmember McKnight agreed. He felt the looping issue is important. Counci1member Fogarty asked if the volleyball courts are lit at night in the summer. There are no lights. Councilmember Wilson agreed with the looping. He was not sure ifhe liked the properties adjoining at a T on the east side as opposed to being all north-south. If there is a way to make the lots wider, he thought the value of the lots would increase and that would mitigate the loss of any lots. Council and staff discussed how the development could be designed to not lose the two lots. Councilmember Pritzlaff noted the comprehensive plan is being amended from non-designated to low/medium density. It is not being amended from not having any development on the property. City Planner Smick stated it is non-designated because the property was not in the City. Mayor Soderberg asked what prevents the corner at 209th Street from becoming a T intersection. City Planner Smick explained there is a driveway coming from the cemetery and another driveway from another property. Both come out onto the curve. City Engineer Mann explained the property that is available through the Hometown plat does not line up with the north-south roadway. It is offset. Either the home to the west would have to be acquired or property from the Corinthian Cemetery to make that type of a connection. The connection would have to curve into the curve. Council Minutes (Regular) June 6, 2005 Page 8 Councilmember Pritzlaff asked to hear what the developer would like to do with the loop. Ms. Kim Friedrich, Hometown Inc., stated they would entertain putting the lots further out. She would like to see the school buses be able to come in and did not understand why they can't. It is a 60-ft. circle. They did not intend for the buses to pick up the kids on 209th Street. She has lost lots beyond belief in this development and she cannot afford to lose one more. It becomes unfeasible. With putting in the loop, three lots will fit, so she is looking at losing one lot. She agreed it makes the lot a nicer size. At the time of final plat, Councilmember Wilson would like to see pictures of what the houses will look like. Ms. Friedrich replied the basements can only be so deep so they would all be split entries, no walkouts. Councilmember Wilson stated that is why the possibility oflarge lots may provide a diversity of housing styles. On the other hand, the most important thing is to have the loop. Ms. Friedrich replied getting bigger lots and more expensive homes would be a great idea if it were a better location and if you could have different style homes. They have done their best to buffer between the homes and the bus garage and the commercial. They will have to be really creative on housing so they do not all look the same. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R74-05 approving the Comprehensive Plan Amendment from non-designated to low/medium density residential, adopt ORDINANCE 005-533 rezoning the property from A-I to R-2 and adopt RESOLUTION 77-05 approving the Hometown Addition Preliminary Plat adding a fourth contingency that the street on the east side be redesigned. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Approve Final AUAR - Giles/Murphy Property - Community Development The property consists ofQ1, 8 and Q2 on the MUSA map. 195th Street is to the north, TH3 is along the east, and Akin Road to the west. The area is 350 acres. Property 8 was annexed into the City on November 10,2004. No comments were received on the AUAR during the 10-day review period from the agencies. MOTION by Pritzlaff, second by Fogarty to approve the Final AUAR and Mitigation Plan for the Giles/Murphy property. APIF, MOTION CARRIED. 12. NEWBUSINESS a) Adopt Ordinance and Resolution - Mystic Meadows Rezone, Preliminary and Final Plat - Community Development This item is regarding Ql and 8 on the MUSA map. The developer is proposing 243 single-family lots and 40 multi-family units on 152 acres. Most ofthe area is single-family with the multi-family in the northeast corner. The Comp Plan for the area to the north, the Seed-Genstar property shows medium density across from the multi-family in this development. The lots will be 75 ft. wide and 10,000 sq. ft. and over. This would be an R-1 zoning. In the northeast corner there would be medium density. As far as the rezoning, staff is proposing going Council Minutes (Regular) June 6, 2005 Page 9 from A-I to R-l and in the northeast corner it would be from A-1 to R-3. There are a number of outlots for ponds. The 100-year floodplain boundary comes onto the property and then swings out. It is allowed to mitigate the flood plain if it is below I ft. The developer is proposing to mitigate in another area. Outlot J is deeper than I ft, therefore two lots had to be removed. A roadway also had to be deleted because ofthe flood plain. This is a massive flood plain because there are culverts under the railroad tracks. The flood plain line will be altered once the mitigation is done and the lots will be outside ofthe flood plain. The townhome development has a private road 28 ft. wide. According to code a sidewalk is required on a 28 ft.-wide road, however this is a private road and there will be a number of driveways. Engineering is interested in seeing a sidewalk. Other streets are 32 ft. wide with a 60-ft. right-of-way. The developer will be constructing the two easterly lanes of Diamond Path. In the future Diamond Path may need to be four lanes. As far as Deerbrooke Path, it has a 70-foot right-of- way and is a minor collector, 38 ft. wide. Engineering is working on the alignment for 195th Street. The goal is that if Deerbrooke is brought straight through, there would be an intersection at a super elevation. The county will not allow this. The intersection would have to be further east. There would be a contingency to the plat on this re-alignment. There is a parking lot for the townhome development that will also have to be relocated. Another contingency is in the area of Deerbrooke Path and Delwood Avenue. They dead end with no hammerhead. They are 150 ft. in width and therefore do not meet the fire standards. A hammerhead is needed for the garbage trucks. Landscaping is required on double-frontage lots. There has to be 100% screening. Staff is looking for more shrubbery to provide this. Staff will meet with the developer to resubmit a landscape plan. Parks and Recreation Director Distad stated there were some differences of opinion as to where sidewalks and trails should be located. The Parks and Recreation Commission met with the developer and came up with a compromise for the location of trails and sidewalks. Originally the Commission wanted a trail around the larger pond. The developer did not agree so they came up with a compromise. He presented a map showing the trails in orange, and yellow shows the trails to be constructed in the future. The developer has agreed to put in the short connection that comes out of the Parkview Ponds trail system which will provide a connection to the trails in this system. A future trail will be along Diamond Path and 195th Street. The map also showed locations of sidewalks. The trail plain also calls for trails along North Creek in the greenway. The policy is to have 8- ft. wide trails in boulevards and in greenways or along open space or park space there would be 10- ft. wide trails. The developer also agreed to show 10-ft. wide trails along Diamond Path and 195th Street. Councilmember Wilson noted a Park and Rec Commission member was concerned about no sidewalk along Denali Way. He also felt a sidewalk should Council Minutes (Regular) June 6, 2005 Page 10 be located there. He asked why that was not proposed. Staff proposed a sidewalk, but the developer felt it was redundant with the trail along the back of the homes. Councilmember Wilson felt it seemed like we are not going very far with the trail on the west side of Diamond Path. Staff replied that is because they are unsure ofthe alignment ofthe westerly two lanes. There are also powerlines through that area. Councilmember Pritzlafftalked with the developer and agreed some of the lots are expensive and felt there should be more privacy. Staff stated they agreed some of the lots would have trails behind them and some would not. Councilmember Fogarty commented this is a storm water pond and it is not going to be stocked with fish and no one can canoe on it. She did not want any misunderstandings about what this is. She wanted it made clear they cannot put docks out there. City Engineer Mann stated this is a storm water pond and the policy for storm water ponds is they are not for recreational use. Councilmember Fogarty wanted to make sure the buyers understand this. Mr. John Anderson, Giles Properties, stated they are aware this is a storm water pond and there will be no docks. It will be an outlot owned by the City, it will not be private ownership. They are not marketing them as lake lots. Councilmember Fogarty did not want a communication breakdown between the developer and the builders and the people that sit at the model homes. Mr. Anderson understood. Having a trail in the backyard does affect the value of the homes, but he understood the City wanted trails around the ponds. They came up with this compromise. There are a lot of trails in front yards. As far as the sidewalk along Denali Way, they would be more in favor of the sidewalk than the trail. Parks and Recreation Director Distad stated the goal is to get the trails in before the building permits are issued. Councilmember Fogarty asked about the number of acres for parkland and realized it is being diverted to another section of the development for an adult sports complex. She asked ifthey will be getting the number of acres they would normally get. Staffnoted that is the goal. The future park area will serve this neighborhood. Councilmember McKnight stated he is not a big fan of trails in backyards, but he will accept this compromise. He asked about sidewalks along Dawson Lane in the townhomes. Staff noted that is the policy, but it is a private street. Councilmember McKnight noted with townhomes the setbacks are usually short. The setback is 25 ft. from the curb. He felt there are a number of safety issues with having a sidewalk there and cars parked in the driveways. City Engineer Mann stated the typical setback is 20 ft. from the right-of-way. This is 25 ft. from the curb, so it is closer. Councilmember Wilson stated he does want to see the trail on Denali Way moved to the street. He wants it to be in the front as opposed to the back. It does not Council Minutes (Regular) June 6, 2005 Page 11 have to do with a trail behind the homes. Option one is to leave as is and add a sidewalk or option two is to eliminate the trail in back and put the trail in front. Councilmember Pritzlaff asked how it is enforced if someone puts a canoe in the pond. He suggested placing signs that it is not allowed. Police Chief Siebenaler stated City ordinance prohibits the use of motorized water craft on any ponding facility in the City. It does not prevent the use of non-motorized water craft. It would be perfectly acceptable for someone to put a canoe on a storm water pond. From a recreational use of a storm water pond, we have that all over the City now. To preclude the possibility of a recreational use simply because it is a storm water facility, he felt is an under-use of that facility. There will be fish in this pond, it will happen naturally. It is a public body of water, owned by the City as an outlot. Right now, under City ordinance, it can be used for recreational use. Councilmember Fogarty disagreed with Councilmember Wilson and said that trail needs to stay behind Denali Way. At Denali Way and 195th Street, there is a small piece of trail and asked if there was any purpose to it. She felt that lot should not have a trail on two sides when it does not connect to anything else. Staff noted it brings the trail through a three-way intersection. Staff is researching whether that will be marked as a crossing. Staff did not feel it was a big issue if it goes away. Mayor Soderberg liked the trail behind the homes on Denali Way and it creates a safe walkway. Councilmember McKnight stated he agrees with the compromise staff and the developer have worked out. Counci1member Pritz1aff asked if at the intersection of Deerbrooke Path and Denali Way ifthere could be a stop sign with a crosswalk so people could cross safely. City Engineer Mann replied they would not make it a three-way stop until warrants are met. They would not put in a crosswalk without it being a controlled intersection. Where there is a trail crossing away from a controlled intersection, Police Chief Siebenaler suggested controlling it with signage. The stop sign would be for pedestrians and bikes on the trail to stop. The developer agreed with this. Mr. Randy Oswald, Chair of the Parks and Recreation Commission, stated regarding the small section of trail north of 199th Street, part of the purpose for that is from the center lot going either way the most distance you have to go to reach a trail is five lots. If you eliminate this you would have to cross 199th Street. Mr. John Anderson pointed out that the areas being filled in the flood plain are being filled substantially. Regarding the Deerbrooke right-of way going north they have looked at changing the curve and have a drawing that should make it work. They also talked about the hammerheads and can work on that. As far as the landscaping for the double frontage lots, that is not a problem. There will be no docks on the pond from their standpoint. They looked at other cities that have projects similar to this. Both cities allow recreational use on the ponds. They Council Minutes (Regular) June 6, 2005 Page 12 have another 200 acres to the south which will include park dedication. He is not in favor of having a sidewalk in front of the townhomes because of the number of driveways. Regarding the trail crossing, they can make that work. As far as Denali Way, the developer is in favor of more sidewalks than trail. However, putting a trail in back and a sidewalk in front is redundant. Councilmember Wilson asked if it would be unreasonable to look at a sidewalk on the east side of Denali Way from I 99th Street to the end ofthe road. Ifnot all the way to Deerbrooke, have it stop around lots 13-15. He thought the sidewalk could go in the right-of-way area. A lengthy discussion followed regarding the location of a sidewalk or trail along Denali Way. It was decided to put in a trail between lots 11 and 12 and along the back ofthe homes along the east side of Denali Way to 199th Street instead of a sidewalk in front. The L-shape on the trail along I 99th Street on the west side of Denali Way will be removed. Councilmember McKnight stated they asked staff and the developer to work this out and they did. That is why he has a reservation about changing this. Weare now adding a backyard trail to 11 lots and he has stated previously he is not a big fan of trails in the backyard. The developer will put in a temporary cul-de-sac on Deerbrooke Path at 195th Street until the alignment is worked out. The developer agreed to the proposed changes. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R76-05 approving the Mystic Meadows 1st Addition Preliminary and Final Plat with contingencies and adopt ORDINANCE 005-534 approving the rezoning of the property from A-I to R-1. Councilmember McKnight stated he supports the development, but he does not support the changes so he will be voting against it. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Voting against: McKnight. MOTION CARRIED. b) Cedar Corridor Transportation Infrastructure Group - Administration Dakota County Commissioner Will Branning has sent an invitation to the City for active participation in the work of the Cedar Corridor Transportation Group. The group would recommend a comprehensive transportation plan for the Cedar corridor that would include a plan for the Cedar Avenue Bus Rapid Transit. The regional rail authority will serve as the lead agency and the Cedar Group would serve as an advisory group. There are several cities and agencies involved in this project. Council was requested to appoint three members and one alternate. There is also a technical advisory committee which should be comprised of two staff members. The Cedar Group should be comprised ofthe Mayor or a Councilmember and an alternate, the City Administrator, and a business or community representative. City Administrator Urbia will check with the residents who attended the transportation workshop to see if they would be interested. For the Technical Advisory Group, he recommended City Engineer Mann and Community Development Director Carroll. For the Cedar Group he agreed with appointing City Administrator Urbia. Councilmember Pritzlaffwas interested in the Cedar Group and Councilmember Wilson volunteered to be an alternate. Council Minutes (Regular) June 6, 2005 Page 13 MOTION by Soderberg, second by Fogarty to appoint Councilmember Pritzlaff as a member to the Cedar Group and Councilmember Wilson as an alternate. APIF, MOTION CARRIED. c) Consider Revision Downtown Liquor Store Lease - Finance Mr. Tom Wartman, City Center Development LLC is constructing a building in the City Center. The downtown liquor store will be leasing a 5,000-sq. ft. space in this building. The Pilot Knob liquor store space has been expanded. Mr. Wartman has come back to staff and proposed a larger downtown store. He is so certain this will be a profitable expansion, he proposed the additional square footage be leased at a lesser rate for the first 24 months. If at the end of the 24 months staff and Council deemed it inappropriate to maintain the larger space, he would move the wall and modify the space back to the 5,000 sq ft. from 6,250 sq. ft. If the City wished to continue to lease the 6,250 sq. ft., the lease rate for the third year would be $19.00 per square foot. A financial analysis showed the downtown store should be able to generate $2 million in business. Finance Director Roland showed the two different layouts of the store. Council needed to decide whether to expand the downtown liquor store space to 6,250 sq. ft. at the reduced lease rate. This would require a budget revision, but this is an enterprise fund. Staff anticipates a growth in sales along with the expanded space. If staff sees this will not pay the City back, with 90 days notice staff can ask Mr. Wartman to move the wall and the coolers at his expense back to the smaller space. MOTION by Wilson, second by Pritzlaffto authorize revision of the lease with City Center LLC to reflect 6,250 sq. ft. of rental space for the downtown Liquor Store at a cost of$18.00 per square foot for the first 5,000 sq. ft. and $16.00 per sq. ft for the additional 1,250 sq. ft. for the first 24 months of the lease. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Regarding the school district issue and the school district site, she was aware an e-mail went out from Dr. Brad Meeks to several people in the community regarding the upcoming Planning Commission meeting and City Council meeting and looking at the Comp Plan amendment and rezoning. She feels it is the right time to let people know what her opinions are with this issue and her concerns with this site. She has prepared a lengthy letter to release to residents and will have Council review it first. It will be posted on her personal website. She wanted to comment on two issues. One is she is hearing a comment that the school district does not tell you where to build fire stations, don't tell us where to build a school. This is not relevant. It is not a comparison. The school is in the business of educating children and they are very good at it. The City is in the business of constructing cities. To say we should not have any opinion on where the largest building ever built in the history of Farmington is going to go is a silly comment. Council absolutely should have an opinion about this and we should have concerns about this issue. The other thing she hears is that the Comp Plan is not a big issue to deal with and the City amends it's Comp Plan all the time. Those are minor amendments. This is major. It is not to be taken lightly. This will have a huge Council Minutes (Regular) June 6, 2005 Page 14 impact on the City. She gave examples of Comp Plan amendments. They did not change the design of where the City was going to go. The road is a symptom ofthis Comp Plan amendment change and it is important the Council look at this seriously. The second issue is that Councilmember Wilson talked about doing a dodgeball team and suggested Council make him team manager. The Council will be part of a dodgeball team for Rambling River Days. Councilmember McKnight: Reminded everyone Rambling River Days is coming up June 24-26,2005 and urged people to buy a button and support this event. Councilmember Wilson: there is another big event with Rambling River Days. Mr. John Kapustka put together a bike tour called Tour de Farmington. This will be a bike tour throughout the City. He congratulated the Farmington seniors on their graduation. Regarding the school site it is a tremendous issue and consumes a lot of thought and deliberation. He invited any resident to call or send him an e-mal with their thoughts. It is a larger issue than Flagstaff Avenue. Councilmember Pritzlaff: He submitted a letter to the editor on his issues with the school site. He will let the letter speak for itself. He felt the Tour de Farmington is a good idea. There will be ajoint CouncillPark and Rec Commission meeting on Wednesday. He will try to be back in time to attend. Councilmember Wilson mentioned setting a workshop to discuss several topics and he would like an update on the Spruce Street area and the powerline issue and wondered ifthat could be done at a workshop. Finance Director Roland commented that Council will have before them on June 20, 2005 a variety of information regarding the Spruce Street project as well as the bridge project. Staff is currently in discussions with the developer as well as the City's financial advisor. The Final Plat will be brought to Council in 2-4 weeks. Community Development Director Carroll stated there have been several e-mails regarding this project and he can copy Council on them. The City Attorney is working on the powerline appeal. A meeting is scheduled for later in the week with the 21 oth Street residents that have also appealed. City Administrator Urbia: Coffee with Council will be June 16,2005 at 7:30 a.m. Mayor Soderberg will be out of town. Councilmembers McKnight and Fogarty will be attending. Mayor Soderberg: Regarding the high school site, he had a good discussion with Superintendent Meeks and the school board chair and a board member. It resulted in scheduling more meetings to have more discussions. At the meeting he asked them if my neighbor decides to build a sprinkler system for their yard and they expend a great deal of time and energy to design and build this, but one ofthe caveats is that they have to hook into his well to make it work and they fail to talk to him about that before they spend the time and the money, is it his problem. Does he have some obligation to let them hook into his well? Is he being arrogant or an obstructionist to say wait I want to Council Minutes (Regular) June 6, 2005 Page 15 know what the implications are of you hooking into my well? Wouldn't it have been more prudent of you to talk to me before spending this money or designing the sprinkler system? Especially if along the way he asked what they are doing and the neighbor says, it is a secret and can't tell him. When he finds out they need to hook into his well, he says wait, we should talk about this, there are some problems, and the neighbor continues to spend money, it seems that is a foolish approach to things. When the system is built and he still wants to talk about hooking into his well, it is only prudent and reasonable. The City does have a role in site selections. The State ofMN Board of Education has a document on their website entitled, Guide for Planning School Construction Projects in Minnesota. The guide talks about involving local officials, parks board, planning, etc. and having them on the site selection team. Unfortunately, this did not occur. Hopefully this will be corrected in future circumstances. The City does have a role in site selection. At this point in the game, he wants to know what the implications are. He wasn't asked if they could hook into his well. At the budget workshop, they talked about the CIP and the financial implications to the City and what it could mean as far as other projects, parks projects, street projects, etc. 195th Street is a major project we need to be prepared for and also the Spruce Street corridor. A lot ofthese projects could be placed in jeopardy. Or we might have to raise taxes substantially. It is only right for him as the Mayor and as a representative of the people to say he will take the time, whatever time it is, to make sure those implications are addressed. There are other implications beyond financial. There are policy implications and implications with the ordinance and what direction we are developing in. Every member ofthis Council has deliberated on this for months and spent many hours and unknown quantities of energy weighing this situation. It would have been nice to have done this two years ago when we should have been invited to the party. He enjoyed the Trinity Golf Classic today. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 10:17 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ :h7~ Cynthia Muller Executive Assistant