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HomeMy WebLinkAbout07.18.05 Council Minutes COUNCIL MINUTES PRE-MEETING July 18, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; 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; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by McKnight to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight asked about the Executive Estates Preliminary Plat and the two unresolved issues, the park issue and 225th Street. He asked if it was appropriate to have this on the agenda. Councilmember Wilson agreed. City Administrator Urbia stated this is the preliminary plat and issues can be worked out prior to final plat. Councilmember McKnight noted these issues have been outstanding as long as he has been on the Council. City Administrator Urbia stated those issues do not impact the preliminary plat. City Attorney Jamnik stated this will facilitate the meeting with Castle Rock regarding the access points. This is one of the contingencies of approval. The Township's legal counsel has been apprised ofthe plat and is evaluating the Township's position as well as capability of approving the connections or the access points. The processing of the preliminary plat does not mean it will be how the final plat looks. It will indicate what the City preliminarily believes is acceptable. Councilmember Wilson stated he had the same concerns. He wanted to make sure Council is not getting the final plat with unresolved issues. Regarding the area on the east side, he recalled the park master plan envisioned a park in the area. Parks and Recreation Director Distad stated it was a 4-acre park. Mayor Soderberg asked if the seven lots on the east side equal 4 acres. Staff replied it ends up being 3.4 acres. The Council Minutes (Pre-Meeting) (July 18, 2005) Page 2 developer would be required to dedicate 3.6 acres of parkland. Councilmember Wilson asked if it was risky to allow the building ofthose seven homes for a possible future park. Parks and Recreation Director Distad noted that is the issue. Without having control of the land which is outside of the City, the biggest issue is ifthe lots on the east side are given up, there is no way of requiring any future parkland in that part ofthe community because everything else is outside ofthe City limits. That is the position ofthe Park and Rec Commission. Mayor Soderberg asked ifthere was a reason this was looked at on the east side versus having a park on the northwest side next to the Tollefson property. Staff replied one of the things the Park and Rec Commission has looked at was trying to get parkland on the northeast corner with the idea that if the golf course did come in at a later date, they could add parkland to the park to make it a larger park and make it contiguous with the wetland. The issue the Park and Rec Commission is trying to address is to stay away from smaller 1 or 2 acre parks and try to get parks that are at least 5 acres in size. Mayor Soderberg noted the area is platted as homes and with the understanding that rather than being here it would be in some other location in the golf course. Staff stated if it is outloted they can swap it in the golf course development, provided the same developer develops the golf course. Mayor Soderberg asked ifit was pre-mature to have this before Council tonight with those issues unresolved. Parks and Recreation Director Distad stated the Park and Rec Commission has forwarded their recommendation and they are not going to go away from this. They wanted to go on record showing they need a park in this area. They feel they are doing their job by recommending a park in this area because the closest parks are across two busy highways for this development to access. The other issue is the distance from parks. The national standard states no resident should be more than half a mile from a park. The Planning staff is in agreement with the Park and Rec Commission as to what the outcome should be. Some direction from Council is what will allow this to move forward. Parks and Recreation Director Distad stated if this park area is not created in this development and the golf course does not develop, then the next closest parks are more than a half mile away in addition to having to cross busy highways. Mayor Soderberg stated ifthe golf course is developed by the same developer and he puts that same amount of parkland in that area and it moves further east, does that make the western portion ofthis development and the Tollefson development more than a half mile from the park. Staff stated they will have to make sure when the golf course develops, that it is not more than a half mile away. Councilmember Fogarty asked if Tollefson will be required to put any parks in their area. Staff stated they will not be required to put in a park because it is a small development and will take into consideration the ponding area. The City will be taking cash in lieu. Councilmember Fogarty asked how many units are in the Tollefson development. Community Development Director Carroll replied they originally were thinking about a single family development when they realized the impact the pond was going to have. Then they shifted to a multi-family plan. That plan has not been finalized yet. Mayor Soderberg stated it should be left on the agenda and a decision can be made during the regular meeting. Council Minutes (Pre-Meeting) (July 18, 2005) Page 3 Mayor Soderberg stated regarding the school issue, the school has requested an extension of the City's review of the comp plan. During the course ofthat item, he would like to address their request to extend it. There is the official extension of the review, which staff has administratively done and then there is Council's action oftabling it two meetings ago. He would like to honor their request by continuing the item and moving it from lla to after the public hearing. 5. STAFF COMMENTS 6. ADJOURN MOTION by McKnight, second by Fogarty to adjourn at 6:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, P~M~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR July 18, 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; Brenda Wendlandt, Human Resources Director; Lee Smick, City Planner; Cynthia Muller, Executive Assistant Doug Bonar, Jay & Pat Christensen, Brad Meeks, John Gilbertson, Grant Jacobson, Tom Ford, John Kapustka, Mike & John Devney 4. APPROVE AGENDA Councilmember Pritzlaff pulled items 7h and j for discussion. Mayor Soderberg moved item lla to follow the public hearing. MOTION by Pritzlaff, second by McKnight to approve the agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Wilson, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (7/5/05 Regular) b) Received Information School and Conference - Parks and Recreation c) Adopted RESOLUTION R85-05 Accepting Donation Safety Camp - Parks and Recreation d) Received Information School and Conference - Police e) Received Information School and Conference - Finance f) Received Information School and Conference - Human Resources g) Received Information First Half Building Report - Community Development i) Approved Quick Claim Deed - Cascade Drive - Engineering Council Minutes (Regular) July 18, 2005 Page 2 k) Authorized Expenditure of Funds to Remove City Hall Radio Tower - Police I) Authorized Department of Homeland Security Safer Grant - Fire Department m) Approved Bills APIF, MOTION CARRIED. h) Approve Joint Annexation Resolutions Devney Property and Winkler Property - Community Development Community Development Director Carroll stated there are two properties on the east side oftown. The property on the north is the Devney parcel and the one on the south is the Winkler parcel. There is a small strip of property on the far east side of each property. In 2000 the owners applied for annexation. At that time the City entertained annexations of60 acres or less regardless of whether the township opposed it or not. The township spoke in opposition to those annexations, but they were annexed anyway. The reason the parcels were split into two pieces was to meet the 60 acre requirement. That left a 13 acre piece on the east side of each parcel that have remained in the township since then. Staff has indicated to the Empire/Farmington Planning Committee that staff would not recommend those properties be annexed until a development plan came forward that had a likelihood of approval. Staff has received concept plans for both properties. Staff has spoken with the township and they are in agreement with the annexation. The development of these properties will result in construction of Biscayne Avenue that is needed to connect CR50 with CR66. Staff is discussing other traffic issues with the developer. A preliminary plat should be available before the end ofthe year. MOTION by Pritzlaff, second by Wilson adopting RESOLUTION R86-05 approving the annexation ofthe Devney property and adopting RESOLUTION R87-05 approving the annexation of the Winkler property. APIF, MOTION CARRIED. j) Approve Change Order - Ash Street Project .;. Engineering The two items on the change order are for watermain offsets and a temporary water supply was needed for Sunnyside for fire protection. Councilmember Pritzlaff asked ifthere was a written response to the citizen regarding the fire hydrant. Staff replied there was. He spoke at the pre-meeting and some e-mails were exchanged and costs were obtained. Staff can verify who received the information and who was involved. Councilmember Pritzlaff recalled seeing the e-mails, but he did not remember seeing the actual response to the resident. City Engineer Mann stated it would be helpful to clarify how the protocol follows with a pre-Council meeting comment versus a citizen comment at a Council meeting, ifthere is a similar protocol or a different protocol, or if it is dealt with outside ofthe meeting, does that need to be brought back. Councilmember Pritzlaff stated the resident was asking if we were going to move the hydrant and asked if Council needed to vote on it. City Engineer Mann stated he will make sure the resident was informed. Council Minutes (Regular) July 18, 2005 Page 3 Mayor Soderberg clarified Councilmember Pritzlaff was asking if Council had to take action on whether to move the hydrant. Councilmember Pritzlaff stated the resident asked a specific question whether we would move the fire hydrant. Did staff tell him no, or is he going to come to Council for a decision. City Engineer Mann stated he will research how far it went with the staffthat handled it and they will bring it back. The cost to move the hydrant is estimated to be $5,000. He will bring that back to the next meeting. City Administrator Urbia stated regarding protocol, even if it is at a pre-meeting we will show what our response was with our recommendation, and then if someone on the Council wished to do something different than the recommendation they would have to take affirmative action. Ifno one took that action, then staff s recommendation would stand. Mayor Soderberg stated that was his intent to talk about the protocol of pre-meeting citizen comments that they would be identical to those during the regular Council meeting. Council reached a consensus. With regard to Councilmember Pritzlaffs question regarding the citizen, he wanted to see a response back to Council with staffs recommendation. Councilmember Pritzlaff stated it would be nice to see what was sent out. We have gotten them in the past. MOTION by Wilson, second by Pritzlaffto approve Change Order #1 for Ash Street reconstruction and utility improvements project in the amount of $20,090.80. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Ms. Nicole Krenzel has submitted an application for a therapeutic massage license. She will be operating out of Reach for the Stars Salon. MOTION by Wilson, second by Pritzlaffto close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Pritzlaffto approve a therapeutic massage license for Nicole Krenzel at Reach for the Stars Salon. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution and Ordinance - Comprehensive Plan Amendment and Rezoning Christensen Property - Community Development This item was tabled from a previous meeting. The school district has requested a 60-day extension for the review which staff has granted. Mayor Soderberg suggested continuing this item. Dr. Brad Meeks stated the district applied for a comp plan amendment on May 20, 2005. That 60-day time period is approaching. In the interim there was a meeting with the Council, school board, and staff to discuss the Christensen property and other options that may be available for the school district. As a result ofthat meeting, a letter was submitted on July 14, 2005 to Council for consideration of extending the 60-day period to allow Council, staff, school district and staff an opportunity to better explore those options discussed at that meeting. He asked for Council's approval to extend that deadline. Since the meeting, they have been Council Minutes (Regular) July 18, 2005 Page 4 trying to find a date to meet within the next two weeks. The earliest the school would be able to bring a recommendation to the Council and school board would be August 15 at the earliest. If a recommendation or consensus has not been reached at that time, he suggested they still give an update to both bodies. Councilmember Pritzlaff asked Dr. Meeks ifhe has explored anything from the last meeting from the school board's position. Dr. Meeks replied it has only been five working days since the meeting. They have been trying to schedule time to better explore the options. They want to be able to get the City, school board, architects, and engineers all in the same room to look at the property proposals and see how the school district's programs and site needs best fit each ofthe sites. As far as the district exploring those more, they have just been trying to organize the meetings. Mayor Soderberg agreed it would be best to have the City and the school district working together so the course taken is appropriate so when we talk to any developer the City and the school district are talking from the same page. It would be his goal in extending this is to make sure on August 15 City staff and school staffmake ajoint recommendation to both bodies. Councilmember Pritzlaff agreed on working together, but he asked ifthe school board members are willing to change and to look. He left the meeting with some expectation, he knows meetings have to be set and it has only been five days, but to come to me after five days and say there has not been a lot done, he expected the school would either have a special board meeting or have a sense on dealing with the issues as to whether this will work. Dr. Meeks stated it was his understanding they were to find some dates where collectively they could sit down together. He did not think the direction was for each body to sit down separately and explore the options. When they left the meeting, City Administrator Urbia was going to contact Newland to see when they would be available for a meeting, we were trying to find dates for a meeting with the architects to look at program issues so they are trying to organize at least two meetings and find multiple dates. Councilmember Pritzlaff stated he does not like extending this because his point of view is he will hear from the school board members that the City just made the timelines that much worse. He will not vote for the extension. Councilmember McKnight stated the extension is for 60 days and he does not want it to take that long. He hoped for a decision at the August 15 meeting. He is ready to move on this. Mayor Soderberg stated he and Dr. Meeks have discussed this and it is both oftheir goals to have some sort of resolution or at least an update jointly from City and school staff. Councilmember Fogarty stated there is a press release the school put on their website and she asked Dr. Meeks to take it off. The school can do with this request what they want, but she found it a little inaccurate as to the content of the meeting. She found it a little inflammatory and they want to work together. This Council Minutes (Regular) July 18, 2005 Page 5 is a request from her to the school board and the school district. She thinks it took us one step in the wrong direction. MOTION by McKnight, second by Wilson to table this to the August 15,2005 Council meeting. Councilmember McKnight stated we are working on this extension together. Mayor Soderberg agreed and it is both the goal of himself and Dr. Meeks to have a unified recommendation by August 15,2005. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against: Pritzlaff. MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Appointment to Facilities Planning Committee - Parks and Recreation Staff requested two Councilmembers volunteer to be on the Facilities Planning Committee. In the 2005 Annual Work Plan, a facility master plan study was identified. Part ofthat master plan is to analyze the existing facilities, determine current and future storage needs as well as look at existing facilities as far as what facilities need to be improved or replaced with a new facility. Staff would like to put together a committee to go through this study. There would be 2-4 meetings. The idea is to incorporate this facility master plan into the capital improvement plan. Councilmembers Wilson and McKnight volunteered. MOTION by Pritzlaff, second by Fogarty to appoint Councilmembers Wilson and McKnight to the Facilities Planning Committee for Parks and Recreation. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. MOTION CARRIED. b) Adopt Resolution - Executive Estates Preliminary Plat - Community Development The property contains 47.8 acres. 22Sth Street runs along the south, hwy 3 along the west side and CSAH 50 runs along the north. Fountain Valley Golf Course is to the east. The Tollefson property is next to Executive Estates. The developer proposes 99 single-family lots. The City annexed the property in September 2004. The Municipal Board approved the annexation on November 10, 2004. MUSA was granted on August 16,2004 contingent upon annexation into the City. Both MUSA and the comp plan amendment will go to the full Met Council on July 27,2005. The comp plan amendment was from non-designated to low density residential and A-I to R-l zoning. All ofthe lots are 10,000 sq. ft. or more. The lots along the cul-de-sac are larger. The developer proposes two accesses along 225th Street. The City requests the developer pave 225th Street from hwy 3 all the way to the second access. Castle Rock Township would like to see the developer pave from hwy 3 to the Fountain Valley Golf Course lot line. However, staff believes wherever the property goes, is where the pavement goes. There will definitely be paving to the second access. The other access is to the north to the adjacent Tollefson development. Staff has also requested the Council Minutes (Regular) July 18, 2005 Page 6 developer make an east-west connection. There will be a need to do a wetland mitigation plan. There are proposed ponds so some of the wetland mitigation might have to go in that area to the south. There will be the need for a formal application to W ACA for approval. That will come at the final plat stage. Engineering has recommended approval of the preliminary plat contingent on the satisfaction of engineering requirements. The Planning Commission recommended approval of the preliminary and final plat contingent on engineering review and park and rec review. At their July 13, 2005 meeting, the Parks and Recreation Commission reviewed the trail and park plan for Executive Estates. Prior to the meeting, staff met with the developer to discuss trails, sidewalks and park issues. The developer and staff reached a compromise as far as trails and location. At the meeting the Commission agreed with those locations. However they also wanted to add a trail around the south side and the east side of the wetland connection to a trail coming out ofthe business park and a trail going to the future golf course area to potentially connect to a park in that development. The Commission also discussed park dedication. They recommended to have the area along the east outlotted for the potential to swap the land for the same park acreage within the golf course if that development occurs. The Commission feels that since the closest parks to this development are across two busy highways, they wanted to keep the park area option open with the idea that if development occurs in the golf course area, the lots would be able to be platted and the land could be swapped to create a larger park in the golf course development. The other issue with Executive Estates and the Tollefson development is the issue of having residents within a half mile of a park. If there is no park area in either development the closest parks would be more than a half mile away. This is a national standard the City tries to adhere to and to date they have been able to achieve that. If the golf course is developed and there is a park the two developments would be within a half mile ofthat park provided the park area in the golf course is towards the west side. The Park and Rec Commission wanted to go on record to show they support having the outlotted area to protect the half mile and to protect residents from having to cross over busy streets to access a park. City Planner Smick stated the Planning Commission recommended a trail around the wetland not be approved and they were interested in seeing the outlotted area developed and wait for the golf course to develop and that is where the park would go. Councilmember Pritzlaff stated regarding the outlotted area, there seems to be speculation that if the golf course will come in that Park and Rec plans for a trail going over there and plans for the development to come in so why outlot the area. Parks and Recreation Director Distad stated the Park and Rec Commission tried to leave the option open. If the trail does not go in when the development is built, it is hard to come back later and put the trail in. Whatever happens in the golf course area, trails will be needed to get into that development. There is also a Council Minutes (Regular) July 18, 2005 Page 7 plan for a trail to come along 225th Street. With the distance between the two trails staff feels it is appropriate to have a trail on the north side and the south side. Councilmember Pritzlaff feels the developer should be able to build the lots in the outlotted area. What if the golf course comes in and the park does not fit in that area of the golf course. Staff replied they want the developers to come in to the Park and Rec Commission prior to developing a concept plan and talk about the location of parks so they can plan their development around the parks. It all comes back to having contiguous parkland and being able to expand and have a larger park area contiguous to the wetland. Councilmember Pritzlaff asked what if the golf course park comes in further south. Then you are splitting parks. Staff was saying if they are able to swap the land they would like to have the park in the general location because of the distance from the development. If it is any further east, it becomes more than a half mile away. That is why they want the developers to come in early to meet with the Park and Rec Commission so they can articulate what they would like as far as having the developer meet the standards and also meet the plan map's intent. Councilmember Pritzlaff asked why one developer has to build a park for another development. He knows it is not a large piece of land, but does not think it is fair to say one developer has to have a park because another does not have a large enough piece ofland. Building a park within a half mile ofthe Tollefson development and making someone else do it is not fair. Staff stated given the size of the Tollefson development and the size of the Executive Estates development, they will be able to get more parkland in the Executive Estates development. The Commission is trying to get away from the 1 and 2 acre parks and have 5-7 acre parks or larger. Councilmember Pritzlaff stated at what cost. At a cost to one particular developer? Parks and Recreation Director Distad stated in both of these developments by requiring park dedication land in Executive Estates they can get more acreage. Park dedication land would be considerably less in the Tollefson development. Mayor Soderberg stated they are still requiring park dedication but it is cash in lieu rather than land. Councilmember Fogarty stated the park in Executive Estates is not larger because of Tollefson it is the same size regardless of what is required from Tollefson. Councilmember Pritzlaff stated a 1 acre park is better than none. It is better than forcing someone else to do it. The Planning Commission recommended taking cash in lieu for the seven lots and build a better park when the golf course comes in. He does not want to see the developer outlot that area and then 30 days later the golf course is annexed. The other issue is how many times has this changed for the developer. The map from the Planning Commission meeting shows nothing drawn around the outlots and nothing around the pond. The map now is totally different. Staff replied the plan from the Planning Commission meeting was another option to consider, it was not set in stone. Staff talked with the developer the following afternoon and they came up with a compromise as shown except for the trail along the pond and the outlot which the Park and Rec Commission continued to push for at their July 13,2005 meeting. Staff and the developer agreed on the remaining trails. Council does have the choice to go against what the Park and Rec Commission is Council Minutes (Regular) July 18, 2005 Page 8 recommending. Councilmember Pritzlaff stated the developer has also stated he would run the trail all the way along 225th Street if the golf course comes in. Councilmember Wilson asked about the 224th road and if Tollefson's were getting a road at no cost. City Planner Smick stated the road ends at the Executive Estates line and Tollefson takes care ofthe rest. Councilmember Wilson asked if the goal of the outlotted area is to be held or be developed right away. Parks and Recreation Director Distad replied the idea was to provide up to two years for the developer to bring the golf course in and then do the land swap. With taking cash in lieu it is based on today's value. When the golf course comes in, that is on tomorrow's value. Staffhas seen land prices go up significantly. It is to protect the City is getting equal land for land they are giving up. Councilmember Wilson asked if all options have been explored to have the trails on the front of the homes as opposed to the back and wind up to the north. Staff replied because ofthe sidewalk, they thought it would be better to have the trails behind the homes, along a more scenic area with the wetland. There are some other issues with mitigation for a wetland that was filled in. Councilmember Wilson stated as an alternate could they look at starting at the western edge of the park and instead of going behind 10-12 homes, go in between two lots. Staff replied the idea was there is a trail coming out ofthe industrial park to make the connection. Councilmember Wilson stated that would still occur and go straight down as opposed to going west behind the homes. Staff asked for the Council to decide if they want the trail and the developer needs to speak in regards to the wetland mitigation and whether the trail is feasible. Staff asked Council to decide on the trail issue and the park issue separately. Councilmember McKnight stated on the southeast side there is a third leg connecting to 225th Street. He asked why the paving of 225th would not go to that point. Staff replied the developer is working out an arrangement that someone might purchase that piece. There is an existing driveway that someone has been using for a very long time. They are working on a purchase agreement. Councilmember McKnight commented on the trail and the fact he is not a supporter of trails in back yards. Councilmember Fogarty stated she likes the trails in the back but it seems that lot 13 is getting nailed with trails on three sides. She asked what if the trail continued north and did not cross behind the homes and continued past lots 12, 11, 10,9,8 and cross between 7 and 8 or 8 and 9 and then follow along the top still making the connection. Staff noted there is a berm extending into the back of the lots so by putting the trail there you would be infringing on the size of the lots. Councilmember Fogarty asked about going behind lots 8 and 9. Councilmember McKnight stated the concern is to run the trail more to the east to connect to the trail in the business park. Staff replied the issue is the berm and storm water ponding. There is not enough room for a trail. A part ofthe area will require a boardwalk. City Planner Smick noted the height of the berm is 8-10 ft. It is partially landscaped to provide screening from the industrial park. Mayor Council Minutes (Regular) July 18, 2005 Page 9 Soderberg asked ifthere was a storm water function or just landscaping. Staff replied it is mostly landscaping with some storm water function. Councilmember Fogarty stated she is in favor of setting aside the outlot. Until the golf course comes into the City she is not willing to let any parkland go. Mayor Soderberg stated ideally with the Tollefson development and Executive Estates with parkland development ifboth contributed land and those parcels adjoined we would have a greater than 4 acre park. Barring that holding the area as an outlot on a short term basis to see if the property to the east comes into the City ensures there will be some parkland somewhere close. He favored the outlotting. With regard to the trail, staff and the developer worked out an agreement and the trail is a last minute change he is not excited about. If it had been worked out before hand, great, but because it came in after the fact he would be inclined to let that go with the exception of making some connection to the trail in the business park either connecting it between two lots or moving it to the east. Mr. Colin Garvey stated as far as the outlot, that was discussed over a year ago. They would have put the park further to the west where there are less desirable lots. At that time they wanted bigger lots. They are almost 17,000 sq. ft. lots. Instead they put in the berm. This came up in April. At staff meetings they were recommended to have one entrance. At the April meeting a second entrance was required. All these changes become hard and difficult. They did do their work and would have put in the park to the west and put in a berm to divide the houses from the business park. They could have used the park as the buffer. As far as connecting the trails, Mr. Garvey showed on the map how various trails connect. There is a park on the other side ofhwy 50 that is within a half mile. He also showed an east-west connection for future development. He disagreed with running the trail out to the industrial park and dumping it into the cul-de-sac. There are a lot of trucks in the area. Councilmember McKnight noted Mr. Garvey stated he talked with staff about this a year ago and asked where that took place. Mr. Garvey replied at staff meetings. They discussed cash in lieu and at the September 15,2004 Planning Commission meeting they discussed cash in lieu instead of the park. Councilmember Pritzlaff stated he agreed with Mr. Garvey about dumping the trail into the cul-de-sac. He feels Mr. Garvey should be able to develop the seven lots and people can use the park across the road. He asked about the price of the lots that are proposed to be outlotted. Mr. Garvey stated they are 17,000 sq. ft. lots and one of them is his. The smallest lot is 10,000 sq. ft. in the development. Councilmember Pritzlaff agreed the trail to the south should be eliminated. He stated if it were not for this development Tollefson would have only one access into his development. Mr. Garvey has worked on this a long time. Mayor Soderberg asked about the wetland mitigation that will take place along the south. Mr. Garvey stated it will take place in the buffer zone and there is enough to do the required mitigation. Council Minutes (Regular) July 18, 2005 Page 10 Councilmember Fogarty stated it is also in the Parks Master Plan to have a 4-acre park in that area. It has been ever since the Parks Master Plan was adopted. Crossing hwy 50 to get to a park is not conducive to family life. Mr. Garvey stated he would have put the park to the west and not put in the berm. Now he has the cost in the berm and it will be landscaped and it provides drainage for storm water retention. He would have designed it differently. Councilmember Pritzlaff stated that is his point. He had an area slated for a park in the middle of the development. He did what he was supposed to do and put in a berm and now the park is forced to the east side. Mayor Soderberg stated ideally that would have been the best choice. What Park and Rec is trying to accomplish is not trying to prevent the developer from developing this area as homes, they are just trying to ensure that there is going to be this equivalent land just east ofthis as park. This is just delaying development on these seven lots for up to two years. If the land to the east is annexed into the City and starts to develop sooner, then the outlot becomes platted as shown and the park gets developed to the east. Councilmember Pritzlaff asked Mr. Garvey what that does to build the lots in two years. Mr. Garvey replied that puts a burden on him because they will have to bring in fill. They want to do all the excavating for sewer and water at the same time. All the lots have to be filled. Councilmember Pritzlaff stated Park and Rec has been saying if the golf course comes in, but still they have planned trails going to that area. He felt there could be a bigger and nicer park in the golf course area and not have Mr. Garvey have more cost to develop the area at a later date. Councilmember Wilson stated Mr. Garvey mentioned the area to the center and north. When that was discussed was there a possibility that could work or wasn't there enough acreage. Parks and Recreation Director Distad replied the Park and Rec Commission was trying to follow the plan map which was revised on September 10, 2004 and have a 4-acre park to the east. The idea was to create a larger park in the southeast part of town where you could put in a soccer field and one or two ball fields to serve the southeast part of town which does not have those facilities right now. Councilmember Wilson asked how many acres are in the central portion. Staff replied if the lots are 10,000 sq. ft. it takes four lots to make an acre. Councilmember Pritzlaff asked when the City adopted the half mile rule. Parks and Recreation Director Distad replied it has always been a standard followed and believed it was in the comp plan as a requirement. This is a national standard. No resident should be further than a half mile from a park. Councilmember Pritzlaff asked how many times that happens in the City. Staff replied right now we do not have any areas outside the halfmile. Staffhas done a GIS survey and can provide that to Council. As the City was developing the previous Park and Rec Director, Jim Bell, was also very aware of that standard and followed it as well. Councilmember Pritzlaffwas trying to figure out where a park is in relation to Embers and 195th. Staffreplied there would be a park in Parkview Ponds that Council Minutes (Regular) July 18, 2005 Page 11 will be less than half a mile. Councilmember Pritzlaff stated when Embers was developed there was not park there and there still isn't a park there. Staff noted there is a large open space in Autumn Glen and trails around the ponds. Councilmember Pritzlaff stated trails is one thing, Mr. Garvey has all kinds of trails. Councilmember Wilson stated it is too late to start changing this, but if the developer is willing to lose that section in the center and build the homes on the east side, should the golf course develop in the future, there would still be parkland dedication to develop over there. In the absence of that option working, he wants to see the outlotted area reserved as identified by Park and Rec. Mr. Garvey stated he did not say he was willing to give up the center area. They had talked about if there was going to be a park at that time, that is where he would have put it. Instead they decided cash in lieu so they put in the berm with landscaping. Councilmember Wilson stated that area is identified on the Parks Master Plan and he did not feel it was unreasonable given there is not a park and he did not want kids to cross dangerous roads. He wanted to work with Mr. Garvey, but he firmly believes every child in a development should have safe access to a park and not cross a busy road. They cannot set a time line as to when the golf course will develop, but he would like to reserve the area to the east and at some time Mr. Garvey will be able to develop it. The City is not taking it away from him. Mr. Garvey stated right now they have 40,000 yards of black dirt they are dealing with from the Ash Street pond project. That was designed to go in that area to develop the lots. Councilmember Pritzlaff asked if the cash in lieu agreement was with the City. Mr. Garvey replied that was last summer and we agreed to cash in lieu. Mr. Garvey stated it was discussed at the September 15, 2004 Planning Commission meeting, the City needed to get going on the project, things have been rushed and he has been working on the proj ect ever since. He did not hear about this situation until April. Councilmember Pritlzaff asked staff if an agreement was made for cash in lieu why are we at this issue now. Parks and Recreation Director Distad replied there was not a written agreement. We had to wait until the land was annexed into the City. When staff met with the developer this summer it was prior to the land being annexed into the City. Prior to being annexed, staff revised the plan map knowing that land would be annexed. At that time they showed the park area. The former Assistant City Planner made a comment in his memo to the Planning Commission for the September 15,2004 meeting saying that "there are no parks or trails shown on the concept plan. Mr. Garvey has met with staff to discuss options regarding parks and trails. The area adjacent to the wetland located on the Empey property may be an appropriate location for a park. Another option discussed was to accept payment in lieu of park dedication and create a larger park to the east of the Empey property when it develops. Staffwill continue to work with Mr. Garvey on this issue as the preliminary plat is prepared." Councilmember Pritzlaff stated he agrees with the Planning Commission and Council Minutes (Regular) July 18, 2005 Page 12 would be willing to take cash in lieu for those seven lots and let Mr. Garvey develop the lots. An agreement was made before and he would have put a park in the center. To change it on him now does not warrant that kind of cost for him to build the lots later and run the infrastructure. The Planning Commission recommended cash in lieu and to eliminate the trail to the south and that is where he stands. Staff replied the issue is that the Planning Commission has a different feeling than the Park and Rec Commission. Normally it is a consensus between the two commissions. Their goal now is to get the developer in early before they go to the Planning Commission with a concept plan so they do not have these issues in the future. City Administrator Urbia stated it is not staff changing this. Staff advocated on behalf of what the Parks and Rec Commission put forward after that September timeline. It is not just an arbitrary change by staff. The road connection that came up would have been nice to know that straight away. As both ofthe plans come in you start to see how it fits and then emergency personnel make their recommendations. It was intended to be disruptive to developers. It was what is in the best interest of the City for emergency vehicles. These were not arbitrary changes by staff to slow development down. With areas that are annexing into the City it becomes a little tougher to manage. Mayor Soderberg stated with regard to the trail, he would want the trail to the south removed. It was after staff and the developer agreed on another plan. Councilmember McKnight agreed. Councilmember Fogarty would like to see something in there, but she cannot justify lot 13 with trails on three sides. If that trail is removed, she feels they need to go back to the Farmington Business Park and amend it and take out the piece that will dump into the business park. Mayor Soderberg agreed. Councilmember Pritzlaff agreed to take out the trail to the south. Councilmember Wilson agreed with Councilmember Fogarty. Mayor Soderberg stated with regard to the park outlot, Park and Rec has asked that this be done as an outlot to ensure there is some park there because there is no assurance otherwise and it is limited to a two year time period. He did not know if there was a workable compromise. There needs to be a park near there. He would prefer to have the park further east of where it is conjoined with parkland dedication from the adjoining land to create a larger park, but how do we ensure that happens without platting this as an outlot. City Attorney J amnik stated it would require some cooperation on the part of Mr. Garvey, but cities do have the authority to own parkland outside of the City limits. We could take an option or a deed for a portion of the golf course property in advance of its platting. If it is annexed or developed or comes into the City or if not, we acquire some acreage outside the City limits in that area for the park. Mayor Soderberg stated it would require Mr. Garvey to have fee title to it. City Attorney Jamnik replied correct. That is the only way he knows the City can secure an interest in the future parkland area with any certainty ifhe has title to that land to take an option or ownership interest and deed a portion immediately. Whether you take the outlot Council Minutes (Regular) July 18, 2005 Page 13 area and hold it for two years or you take an interest in the property to the east that the City finds acceptable for the same period oftime it is still an equivalent amount ofland. If Mr. Garvey has title and he is willing to convey that and give the City an interest we could do that. Mayor Soderberg stated that would be his concern to make sure the City has equivalent land to combine with additional land. City Attorney Jamnik stated they can work on that option between the preliminary and final plat. The third contingency could be modified to indicate that either we have that outlot or an equivalent amount of land deeded or optioned to the City to the east sufficient to meet the park needs. Mayor Soderberg stated he would want to see that secured so we have the acreage available to the east so it can connect to a larger piece of parkland. Councilmember Fogarty stated this is a preliminary plat and if we were to accept this as an outlot tonight and between now and final plat time we can come up with an agreement we could amend it at that point. City Attorney J amnik replied that is what he is saying. Mayor Soderberg stated this would be an outlot on the preliminary plat tonight pending some alternative negotiation. Councilmember McKnight supported the Planning Commission's recommendation to build the lots now and have a larger park when Fountain Valley is developed. Mayor Soderberg stated that is also his concern, but how do we ensure that happens. Councilmember McKnight replied taking the cash in lieu for that property when it comes in and taking the park dedication for the golf course land when it comes in, putting it together and working with the developer. He is willing to let Mr. Garvey develop the lots now to have a larger park in Fountain Valley. He cannot see putting in the extra cost on coming back to put in services to the seven lots. Councilmember Fogarty stated we would lose almost 4 acres of parkland. Councilmember McKnight stated but you have the dollar equivalent. Mayor Soderberg stated that would be determined at the final plat. City Attorney Jamnik replied correct and there may be ways to finesse that particular equivalency issue. We can take an option for the acreage. Mayor Soderberg stated we could do this as an outlot tonight with the hope that something could be arranged so they can get the equivalent land amount to the east. Councilmember Pritzlaff felt Mr. Garvey should be able to develop the lots, take the cash in lieu and have a better and bigger park in the future. Mayor Soderberg stated the concern he has is the change in land values unless we can lock in the equivalency for acreage based on the dollar amount. Councilmember Pritzlaff stated he is willing to take the gamble. Mayor Soderberg replied he is not willing to take the gamble. Councilmember Wilson supported the outlot. Councilmember Fogarty supported taking it as an outlot. She is not willing to give up the acreage. Ifwe can ensure it by final plat in addition to making a larger park, but she is not willing to give up the acreage. Council Minutes (Regular) July 18, 2005 Page 14 Mr. Garvey suggested taking out a corner of the development and the City can work with him to get rid of the extra black dirt from Ash Street and eliminate two lots and make them go into the industrial park. This has changed so many times if he has to give up parkland, then let's use that corner. Councilmember Fogarty stated then we have two options to either agree on what we are going to approve tonight or table it and let them work more on the preliminary plat. Mr. Garvey stated he would like to get going on the proj ect or they will miss their season. Councilmember McKnight stated that was the basis for his question at the pre- Council meeting. Is it too early to be on the agenda? Mayor Soderberg stated there were two issues to work on with Castle Rock on 225th Street and he supported staff's recommendation on that. Councilmember McKnight stated there is nothing saying you cannot approve the preliminary plat tonight and then compromise before it comes back, but he would like to see it before that state in the future. Mayor Soderberg stated he cannot start grading or putting in utilities until the final plat, so he believed something can be secured for the future between now and final plat to guarantee the land equivalency somewhere to the east. Once that assurance is there, then there is no problem with removing the area as an outlot and allowing the development to go ahead at final plat. Councilmember Wilson stated he hates to see Mr. Garvey come in after the plat to develop seven lots after everything has been done. He asked Mr. Garvey when he planned on developing that cul-de-sac. Mr. Garvey stated everything would be done right away. As far as staff recommendations when he met with City Planner Smick and Parks and Recreation Director Distad he was recommending cash in lieu on Wednesday. It was the Park and Rec Commission's recommendation that it be an outlot. Councilmember Wilson stated his position is to see it as an outlot. But he hates to see the cost for the developer go up, because that means the cost for the homeowner goes up. At the same time we need to protect areas for parkland. There has to be a middle ground and maybe City Attorney Jamnik identified it. Park and Rec wants a rock solid assurance that we are not going to lose the 4 acres and we will have some ability to develop the area into a park. It is premature to be talking about what will occur in areas that are not part of the town right now. Parks and Recreation Director Distad stated the reason the Park and Rec Commission is recommending that is to create a situation where we are trading acres for acres versus taking cash and then not being able to buy an equal amount of acres. If there is some way to guarantee the same amount of land in a future park development, the Park and Rec Commission would be satisfied with that. Councilmember Pritzlaff stated Mr. Garvey said if the City will work with him on getting the black dirt out he will put the park in that area and alleviate this area. That tells him he does not feel confident he can secure the golf course property. Mr. Garvey stated rather than have that as an outlot he would rather work with Tollefson instead of cash in lieu. Councilmember Pritzlaff stated the other option is to try and secure land to the east. Mr. Garvey stated you cannot guarantee that right now. Parks and Rec Commission Director Distad stated if Council Minutes (Regular) July 18, 2005 Page 15 you took cash in lieu put something in the agreement that says the City can buy acreage in the golf course at the same price as the cash in lieu so they get acre for acre. It does not do anything as far as guaranteeing a park in the area, but it does allow us to get the same acreage in the golf course in addition to the park dedication requirements. Mr. Colin Garvey stated as far as acre for acre, if the golf course does come in that would be acceptable. He would work with that and not have the area as an outlot. Councilmember Pritzlaff stated with the speculation of that not coming in, are you more inclined to say forget the eastern outlot, keep the lots and put the park in the northeast corner. Mr. Garvey replied no, staffwas concerned about acre for acre in a future development. He said he would match it in the golf course when that is developed. Councilmember Fogarty asked if Mr. Garvey would be willing to not only give the City the park dedication that would be required for the golf course, you would also be willing to sell the City the 4 acres at the same price we took for cash in lieu so the City would have that 4 acres of park in addition to whatever is required in the golf course. Mr. Garvey stated when that gets developed, yes. Councilmember Fogarty stated if we pass this tonight with an outlot that can be worked out between now and when final plat comes in, you would be willing to work with staff to make that happen. Mr. Garvey replied yes. Councilmember Fogarty stated she is comfortable with that. Councilmember Wilson agreed. Community Development Director Carroll stated someone should point out that would work as long as Mr. Garvey ends up being the developer. Councilmember McKnight stated there is still a risk. City Attorney Jamnik stated not necessarily, as long as he is the owner when he gives us the option. He does not have to be the developer he has to be the owner. Councilmember Pritzlaffwas comfortable with that. Mayor Soderberg stated we will plat this as an outlot pending the details getting worked out between now and final plat. Mr. Garvey asked if they were saying the area would still be platted as an outlot. If this has to be an outlot and they cannot work something out with the golf course. . . Mayor Soderberg stated this is just preliminary plat. Between now and final plat all of the details of that arrangement will be worked out. Mr. Garvey asked if it could be worded as parkland rather than an outlot, because if it cannot be worked out, he would move the park to another area. City Attorney J amnik stated the recommendation from Park and Rec is to ensure as a contingency if we cannot guarantee land in the golf course that you have the land available in this development. This would be shown as an outlot for a City park sufficient to meet the needs unless we get a guarantee of the land to the east. Mr. Garvey stated he would prefer no outlot. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R88-05 approving the preliminary plat outlotting 3.4 non-specified acres with the rest of the contingencies. Voting for: Soderberg, Fogarty, Wilson. Voting against: McKnight, Pritzlaff. MOTION CARRIED. Council Minutes (Regular) July 18, 2005 Page 16 c) Adopt Resolution - Farmington Industrial Park 3rd Addition Preliminary and Final Plat - Community Development Airlake Development has submitted a preliminary and final plat that would create three new industrial lots and two commercial lots within the industrial park 3rd addition. CSAH 50 runs along the south and CSAH 31 runs along the west. The proposed alignment of208th Street runs along the north. The portion to the north is owned by Mr. Devney, however, there have been discussions between Airlake and Mr. Devney to purchase that portion of the plat. 2l0th Street stubs into the area. Outlot A has been rezoned to B-1. Outlot B is also a portion ofthe commercial area. The lots proposed for platting include lot 1 which is 2.15 acres, lot 2 is 18.01 acres and lot 3 is 9.72 acres which contains the existing Duo Plastics building which is vacant and is proposed for redevelopment by Marschall Bus Lines. A trail is proposed along the east side of CSAH 31. There is a proposal for a private road with a right-in, right-out along the north side of the MW Johnson building and running north along the east side ofthe commercial lot and connecting with 208th Street. The 208th Street extension is very important to this commercial area and to R&L Carriers. There is an access onto 208th Street for the proposed industrial outlot and there is a private drive into R&L Carriers. 2l0th Street is proposed for an emergency access into R&L Carriers. Engineering requirements have been approved. On the lot for Marschall Bus Lines there is an easement 135 ft in width. There are 24 inch and 16 inch gas pipe lines in the easement. Staff is requesting Airlake Development provide an encroachment agreement and obtain approval from Northern Natural Gas. On May 16, 2005 Council approved a bus and truck terminal for Marschall Bus Lines. The Planning Commission approved the conditional use permit. Marschall Bus Lines is relocating from Chippendale Avenue to the industrial park. Staff has also required they put in landscaping around the parking lot. They are proposing to relocate the pond to the north. They do meet the 40,000 sq. ft. requirement ofthe industrial park, and all parking requirements. 208th Street runs along the north side. At the access there is a guard shack and a fence will be required around the entire area. This is a truck terminal 990 ft in length and 100 ft. in width. There are 159 dock doors. This is for the loading and unloading of products. There is also a maintenance facility and a pump station. The agreement for the encroachment over the gas line will be very necessary because of all the truck traffic, water line, etc. The area off of 21 Oth Street will be utilized as an emergency access. The Planning Commission granted a 4.7% variance, 65% lot coverage with both building and parking lot. Contingencies to the preliminary and final plat are: 1. Northern Natural Gas approves an encroachment agreement with the developer to allow the developer access into the gas line easement for paving, parking of trucks, and the encroachment of a water line and concrete drainage ditch into the easement. Council Minutes (Regular) July 18, 2005 Page 17 2. A storm sewer easement to the north of the Devney property needs to be filed for recording before the Farmington Industrial Park 3rd Addition Preliminary and Final Plat is recorded. 3. The satisfaction of any engineering requirements including the construction plans for grading, storm water and utilities. 4. The satisfaction of any Park and Recreation Advisory Commission comments concerning fees and trails. 5. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. Councilmember Fogarty asked about the bus circulation. She thought they were going to empty out into the cul-de-sac and utilize both ends and now it sounds like they are not going to use the cul-de-sac. Mr. Pat Regan stated they discovered they are better served if they park the buses facing north and exit the building north bound. They have room for 40 large buses in the building. They will enter on a side door, turn inside the building and go out the north. Most of the passengers are situated to the north of the facility. They do have an agreement with R&L properties that they will grant them an easement so they have access to the north without having to put the buses out onto hwy 50. They will go out 210th Street, up Edmonton and utilize the new 20Sth Street and turn right. The maintenance shop will be close to the office and it will be cold storage of vehicles. Councilmember Fogarty clarified the buses will be empty so Mr. Regan does not see an issue with mixing with the truck traffic. Mr. Regan replied no, they tried to design this so the trucks go in and out of their property and the buses go in and out of our property and the other lots go directly onto public streets where they already have access. Councilmember McKnight asked about the construction of the building versus the extension of 208th Street to Pilot Knob. City Engineer Mann replied 208th Street will be built next year. City Planner Smick stated construction will start during the winter and they will open in the spring. Mayor Soderberg noted 21 Oth Street is a public street that terminates without a cul-de-sac. How do we deal with that? City Engineer Mann replied at this time we are planning on leaving it the way it is. Maintenance issues will have to be worked out between the property owner and the City as far as where the end of the snow will go. Whether there are any options to vacate that is something that could be explored in the future. Councilmember Wilson asked what kind of materials R&L Carriers will be hauling. Mr. Bruce Rydeen, R&L Carriers, stated it will be general freight. The trucks come in, unload the goods, reorganize, and go out again. This does not include hazardous waste. Council Minutes (Regular) July 18, 2005 Page 18 Mayor Soderberg stated he supports this and it helps with getting 208th Street accomplished. Mr. Pat Regan commented on the contingencies. 1. Northern Natural Gas does have an encroachment agreement and an easement agreement prepared and agreed to with Airlake Development and it is in the hands ofR&L Carriers. They are reviewing the agreements and do not anticipate any problems. 2. The storm sewer easement to the north on the Devney property is a stipulation in the purchase agreement with the Devney's and they have agreed to that. 3. The satisfaction of engineering requirements is moving along. There have been no problems. 4. He had a clarification regarding the stipulation of any Park & Rec Commission comments concerning fees and trails. He wanted to make it clear that their understanding of that today and in the future will be that they will provide a trail along Pilot Knob Road south of208th Street and they would prefer that trail be provided when the property develops. The main reason is they might risk a nicer design in the future if they put down a 10 ft. wide blacktop trail that goes from nowhere to nowhere. They would rather come to the City with a nice plan for the commercial development that says yes we have agreed to put the trail in and here it is. They will put the trail in, but they would like to see what it serves as far as their commercial property. They would like to turn it into a nicer amenity for their property as well as pedestrian and bicycle traffic. He did not want there to be any misunderstanding that they will be putting trails in around ponds and anything more than they have agreed to on the park dedication. There is a trail that deserves to go in along Pilot Knob Road south of20Sth Street along the property they own. 5. Most of the open items are directly related to what the storm ponds can handle. They have an agreement with staff on everything else. Mayor Soderberg stated he is not excited about running trails around storm water ponds especially along a truck terminal. He did not think there was any problem with doing a better trail later on. City Engineer Mann stated it is good to plan for the future and wait for the future development as long as everyone keeps in mind the trail needs to also work with Dakota County and a trail along a county road. It may not be able to meander into a particular development. Parks and Recreation stated when the outlot is replatted that is when they would require trails to go in. They have no intention of going around the ponds in the industrial park. The other idea would be to punch the trail out to the CR50 trail in the county right-of- way. MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R89-05 approving the Farmington Industrial Park 3rd Addition Preliminary and Final Plat with the contingencies. APIF, MOTION CARRIED. Council Minutes (Regular) July 18, 2005 Page 19 d) Adopt Resolution - Amend 2020 Comprehensive Plan from Industrial to Commercial for Property Generally Located at the Northeast Intersection of CSAH 31 and CSAH 50 and Northeast of Duo Plastics - Community Development Staff is requesting approval of a comp plan amendment from industrial to commercial. The contingency would be the Met Council approves the 2020 comp plan amendment. MOTION by Wilson, second by McKnight to adopt RESOLUTION R90-05 amending the Comprehensive Plan from industrial to commercial for the above area. APIF, MOTION CARRIED. e) Temporary Signage 195th Street - Police Last week the Assistant City Engineer pointed out a situation developing on 195th Street that had the potential for disaster. The speed limit on 195th Street east of Akin Road is 55 mph. For quite some time some of the developers of Mystic Meadows and Parkview Ponds have been hauling a large amount of fill into the area. There is frequent truck traffic along that stretch at 55 mph. As long as that was the only traffic in the area it posed no threat. Over the past week residential construction has begun in Parkview Ponds. At the same time the final fill for the streets is being hauled in. At that point we have a situation of conflicting traffic which is a combination of very large dump trucks as well as contractor's trucks and smaller commercial vehicles in addition to the pre-existing residential traffic out of Autumn Glen. Add to that the dry conditions and even though dust control has been applied frequently it has created large dust clouds so these trucks are appearing out of nowhere. Police Chief Siebenaler stated in order to ensure visibility he had the Engineering and Public Works division install no parking signs on the south side of 1 95th Street. This allows a clear field of vision for traffic entering onto 195th Street. He also ordered a reduced speed limit of 40 mph on 195th Street. Since that time the situation has improved dramatically but it is temporary. He does not have the authority under his own power to order this for long term. He asked the Council to institute these measures for the duration of this major construction ofthese two developments, 40 mph on 1 95th Street and no parking within 300 ft ofthe intersection of Embers Avenue and 195th Street. Mayor Soderberg asked ifit was 300 ft either side of the intersection. Police Chief Siebenaler replied that is correct. The trucks are proceeding past the intersection into the Mystic Meadows development and will be for quite some time. Councilmember Wilson asked if this would be until the last home is put up. Staff suggested it remain in place until the large development issues are taken care of, such as the large dump trucks. That is where the major issues arised. The parking on 195th Street is only necessary because they are trying to do the finish work on the streets in Parkview Ponds. The developer is constructing an off-street parking area for the workers. Council Minutes (Regular) July 18, 2005 Page 20 Councilmember Pritzlaff asked how the no parking on the south side of 195th Street is affecting the sight of the people coming out of Embers Avenue. Staff replied there was no parking on the north side and he has encouraged they pay attention to where they are parking. The contractors now have parking closer to where they want to be and he has suggested if they see a problem developing on the north side that will also be posted. That has not been an issue yet. The reason staff chose 40 mph is it makes a consistent speed limit from Pilot Knob to the east. Councilmember Pritzlaff stated some developments tell developers to run a street sweeper once a week. He asked if that would help the dust clouds. Staff replied these developers sweep the streets every day. The dry conditions have created the dust issues. They are doing frequent dust coating. MOTION by Pritzlaff, second by Wilson to authorize the installation of temporary speed and parking limitations in the area of 1 95th Street and Embers Avenue as indicated. APIF, MOTION CARRIED. f) Ash Street Project Update -Engineering (Verbal) The Sunnyside lift station has been abandoned. Another one was abandoned earlier with the Middle Creek development in Pine Knoll. Regarding the schedule of the street construction and the Fair, it was staffs hope to get the paving done before the Fair. Due to the de-watering issues on the project, they will not be able to meet that goal. Dakota County has met with the fairgrounds and it has been decided that Ash Street will be open for the Fair from hwy 3 so there will be full access during the Fair. The road will be graded and dust coated and there will be personnel on call to take care of any issues that may arise during that week. The fairgrounds have done some improvements to their site and helped some access issues. The Third Street entrance has been paved and the ticket booth area off of hwy 3 is being widened. There is another meeting on Thursday with Dakota County and the fairgrounds to discuss any potential mitigation factors they may employ in order to make sure things go smoothly. Councilmember Wilson asked when paving will commence. City Engineer Mann replied we are a month out of where we hoped to be so paving should be in September. Councilmember Pritzlaff asked if there are any updates on the sewer line. City Engineer Mann replied the sewer should be finished this week as far as getting all the way down to the end of where they need to go. Once that is completed they will work on services and bring the watermain up. The pipe work is moving quickly. Mayor Soderberg asked ifthe sidewalk will go in after the blacktop goes down. Staff replied correct. City Engineer Mann clarified he looked at the minutes from the pre-Council meeting and it states staff will respond regarding the fire hydrant issue in regard Council Minutes (Regular) July 18, 2005 Page 21 to the cost. Staffhas responded regarding the cost in an e-mail. He asked Council for some clarification as to how to bring this issue back to Council in the public forum. He asked if Council wanted just the cost at the next meeting, does Council want a recommendation, he wanted clarification from Council. Mayor Soderberg asked how it would have been handled ifthe citizen had come to a regular Council Meeting. He was not sure if staff would have given a recommendation or a cost estimate, but however staff would have responded. He believed the recommendation was not to move it. Councilmember Pritzlaff stated if a resident speaks during pre-Council meeting with an issue, those responses from staff have always been sent to the resident and put in the Council packet. With other issues on Ash Street, Council has always had the information staff sent out. In this particular case, we can all make a decision on what to do because of the cost, but it would not hurt to put the recommendation in, although the answer would have been the same. On the aspect of the response, it should be treated the same way as if it would have been a normal Council meeting and the response would have been in the packet. Mayor Soderberg asked if Council wanted staff to bring a recommendation to the next meeting. Councilmember Pritzlaff stated he is not suggesting changing it, so it could be looked at for the future. To save staff time on this particular issue he is not looking at changing it, he was looking at the procedure. Mayor Soderberg stated based on the cost he was not interested in moving the hydrant. Councilmember Wilson stated it sounds like staff is just looking for how comments during pre-meeting should be treated. He felt they should be treated similar to the regular meeting. Mayor Soderberg asked with regard to this particular issue, do we want to see it next time. Councilmember Wilson stated he does not need to see it, Mayor Soderberg stated he does not need to see it either. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE City Administrator Urbia: The Fire Department has one engine out for 4-6 weeks. This means we are with one engine for the near future. Coffee with Council is Thursday and Councilmembers Pritzlaff and Fogarty are on the schedule. Councilmember Pritzlaff cannot attend so Mayor Soderberg will attend. Tomorrow staffwill meet with the school to work out scheduling issues with the alternate sites. There is an open house on Tuesday from 4:30-7:30 regarding the east-west corridor at the Central Maintenance Facility. The ground breaking for fire station #2 will be held next Monday at 6 p.m. Parks and Recreation Director Distad: On Wednesday the next round of master planning meetings will be held. The Council and community is invited to give input on the three parks planned for this year. It will be held at 6 p.m. at the Central Maintenance Facility. Council Minutes (Regular) July 18, 2005 Page 22 Mayor Soderberg: There was a donation from Dakota Electric and he thanked them for their contribution. Council recessed at 9:36 p.m. to go into Executive Session. They reconvened at 9:45 p.m. 14. EXECUTIVE SESSION - Collective Bargaining 15. ADJOURN Respectfully submitted, ~~ /:Y7~ Cynthia Muller Executive Assistant