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HomeMy WebLinkAbout10.17.05 Council Minutes COUNCIL MINUTES PRE-MEETING October 17, 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 Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked about the disposal of forfeited vehicles and asked ifit would be wise for the City to keep the vehicles as pool vehicles. Police Chief Siebenaler stated they only get rid ofthe vehicles they do not want to keep. There are some vehicles available for use. Councilmember Fogarty asked about the Executive Estates Development Contract. She noted the money for the park development fee will be going to Evergreen Knoll Park. She asked if the language was a concern if we wanted to divert that money to a different park later. Finance Director Roland stated no, that is an accounting function and those funds will be held in reserve when a park is developed in the area of Executive Estates. It will be set up as a payable to another park when that park comes on line. Councilmember McKnight asked staff to review the building permit issue with Executive Estates regarding 22Sth Street. Community Development Director Carroll stated there have been discussions with Castle Rock regarding 22Sth Street as far as how far to the east it should be paved. In the beginning Castle Rock wanted Mr. Garvey to pave it all the way to the southwest corner of the golf course property. Staff's position is that we can require him to pave to the easterly access to his property but not beyond that. That is more of an issue between Mr. Garvey and Castle Rock. The issue with regard to paving the portion that is not in dispute, staff's position is that building permits should not be issued until the road is paved. There is so much construction traffic when the houses are Council Minutes (Pre-Meeting) October 17, 2005 Page 2 being built, you do not want to have some houses built and people having to drive through road construction. Mr. Garvey wants building permits issued as soon as possible and do some of the road construction this fall and the remainder in the spring. Mayor Soderberg noted this is part ofthe Development Contract and if it needs to be discussed, it should be pulled for discussion. City Engineer Mann stated there is a caveat that allows for some deviation from the requirement of pavement based on weather related conditions. That option has not been exercised without coming back to Council. The recommendation is that pavement happens before building permits which is the same for any development. Mr. Colin Garvey had a letter from Castle Rock and stated he met with Assistant City Engineer Tim Gross to discuss the options. He spoke with City Attorney Jamnik who told him this should not hold up his project and that he should be allowed to get building permits. Mayor Soderberg stated he was not comfortable redrafting language in a Development Contract. Ifwe want to make changes, it would delay getting the Development Contract approved. Mr. Garvey stated Attorney Jamnik told him amendments could be made after it is approved. City Engineer Mann agreed amendments can be made in the future. It was decided to leave this on the Consent Agenda. Mr. Garvey stated 225th Street would not be tarred until spring. The interior streets would be tarred. Councilmember McKnight asked about the text amendment for screening for roof mounted equipment and what prompted this. He also asked the City Attorney about the language regarding except where the property owner can show it is not feasible. Staff replied it is an aesthetic issue and was prompted by the new building in the City Center and the fact the roof mounted equipment is not screened. As far as whether it is feasible, that pertains to larger buildings such as schools where it may not be possible to centrally locate the equipment on the roof. Attorney Poehler stated she has strengthen that language to what it is now and the screening is the biggest issue. Councilmember Wilson asked if the owners of the new building in the City Center would voluntarily screen the equipment even though the code is coming after the construction. Staff has not had direct contact with them, but could ask at a minimum it be painted a neutral color. It may be too late to put up any screening. Councilmember Wilson then asked about expenditures in the police forfeiture fund and where we would spend money in that category. Police Chief Siebenaler stated anything that comes up that is not part of the budget comes out of that fund. Councilmember Pritzlaff asked about the comprehensive utility plans. City Engineer Mann replied the plans for sewer, water, and storm water need to be updated because of development pressure. On the agenda is a proposed cost to update the sewer plan and the water plan to determine what can be served in the area east ofhwy 3 and south of Ash Street. 5. STAFF COMMENTS Council Minutes (Pre-Meeting) October 17, 2005 Page 3 6. ADJOURN MOTION by Pritzlaff, second by McKnight to adjourn at 6:53 p.m. APIF, MOTION CARRIED. Respectfully submitted, /,7 -J~ r /r/~ ~.,,/~~ G/ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR October 17, 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 Andrea Poehler, City Attorney; Robin Roland, Acting City Administrator/Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Ken Kuchera, Fire Chief; Cynthia Muller, Executive Assistant Kara Hildreth, Troy Corrigan 4. APPROVE AGENDA Mayor Soderberg pulled item 70) Executive Estates Development Contract for discussion. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) 2004 Life Safety Achievement Award - Fire Department Mayor Soderberg presented this award to Fire Chief Kuchera. This is the second time the Fire Department has received this award recognizing the Fire Department for no fire injuries. Mayor Soderberg also noted the City received a Certificate of Appreciation for 32 years of continuous membership from the Chamber of Commerce. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Wilson, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (10/3/05 Regular) (9/28/05 Special) b) Approved Temporary On-Sale Liquor License - Administration Council Minutes (Regular) (October 17,2005) Page 2 c) Adopted RESOLUTION RU8-0S Approving Gambling Event Permit- Administration d) Adopted RESOLUTION RU9-0S Approving Gambling Event Permit - Administration e) Adopted RESOLUTION R120-0S Approving Gambling Event Permit- Administration f) Approved Disposal of City Property - Police Department g) Approved School and Conference - Fire Department h) Approved School and Conference - Fire Department i) Acknowledged Receipt of Grant - Fire Department Mayor Soderberg noted this is a very substantial grant. Fire Chief Kuchera stated this is the second year they have received this grant from the Department of Homeland Security. The money will be used to purchase additional new turnout gear, breathing apparatus and a new breathing air compressor. Mayor Soderberg noted the grant amount is in excess of$116,000. j) Received Information Capital Outlay - Parks and Recreation k) Adopted RESOLUTION R121-0S Accepting Donation -Parks and Recreation Mayor Soderberg noted the Farmington Rotary Club has donated ten benches to be placed throughout the City. This was part ofthe Rotary's Centennial project. I) Approved Solid Waste Exemptions - Parks and Recreation m) Received Information September 2005 Financial Report - Finance n) Adopted RESOLUTION R122-0S Approving Wetland Conservation Act Permit Executive Estates - Community Development p) Approved Updating of Comprehensive Utility Plans - Engineering q) Approved Change Order Main Street Phase II - Engineering r) Received Information Third Quarter Building Report - Community Development s) Adopted ORDINANCE 005-545 Text Amendment Screening of Roof Mounted Equipment - Community Development t) Approved Bills u) Adopted RESOLUTION R124-0S Approving Gambling Premise Permit - Administration APIF, MOTION CARRIED. 0) Adopt Resolution - Executive Estates Development Contract - Engineering Councilmember Pritzlaff asked when Mr. Garvey wanted to pave 225t Street. His concern was that is the only road leading to that development and the residents living on the north side ofthe road will have all the dust from the construction. Mr. Garvey stated if it is dusty they will put chloride on the road to keep the dust down. He plans on paving the road in the spring. Mayor Soderberg asked if a lot of work needs to be done to upgrade the road for paving. Mr. Garvey stated they have to totally rebuild the road. Councilmember Wilson noted the letter from Castle Rock indicates any concerns with the extension ofthe road to the golf course property have been alleviated. Mr. Garvey stated they still need to work out the length ofthe road. Council Minutes (Regular) (October 17, 2005) Page 3 MOTION by Wilson, second by McKnight to adopt RESOLUTION R123-0S approving the Executive Estates Development Contract. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Ash Street Project Special Assessment Objection - Engineering At the last Council meeting there was an objection to the Ash Street assessment from 816 2nd Street. Staff recommends the assessment stand as stated on the assessment roll. Councilmember McKnight noted in their letter they mention requesting from the Council a traffic study and a petition to the Council. Staff explained these requests were made of the previous Council and those requests were addressed at that time. MOTION by McKnight, second by Pritzlaff, that the assessment stands as presented. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember McKnight: Thanked Parks and Recreation Director Distad and his staff and community residents for coming to the sign unveiling at the Schmitz-Maki Arena. There was a large crowd and it was a good event. Councilmember Wilson: He also attended the sign unveiling and it left a lasting impression of the work Mr. Schmitz and Mr. Maki did for hockey in Farmington. He looked forward to the dedication for the Feely Fields. He wanted to look at future workshops with the HRA and the HPC before the end of the year to talk about things that are happening. He would also like to have a broader economic development workshop with the Management Team to discuss things Community Development is working on and discuss the direction Council would like to go with commercial and economic development. This could be done in early 2006 when we have a new City Administrator. Councilmember Pritzlaff: Also thanked everyone involved with the dedication ofthe Schmitz-Maki Arena. He also wanted to look at tree preservation and the amount of trees that are taken down in developments and the amount replanted. Recently there is a development of five acres on Akin Road. An adjacent property owner used to have trees outside his property, now he will be looking into a walkout basement in the new Council Minutes (Regular) (October 17,2005) Page 4 development. If we do not have a tree preservation ordinance, when a development starts we should require a developer to put in x number of trees for the development or per lot, etc. Councilmember Wilson asked if he was considering a formal tree preservation policy such as a two to one ratio. Councilmember Pritzlaff stated in the development on Akin Road, the trees were clear cut. Currently there is no enforcement for the developer to replace trees. Acting City Administrator Roland stated previous Council's have brought up a tree preservation ordinance. Unfortunately, it has been very difficult for Council to agree on how they want the ordinance written and how they will enforce it. Staff could revisit the issue and bring it back to Council. Mayor Soderberg stated it is to the developer's benefit to have trees. Sometimes the terrain does not make it possible. There is a requirement for developers to plant a certain number of trees on the boulevard, however there is not a requirement for screening on the lots. There is a requirement for screening in the industrial park between industrial and residential use. Acting City Administrator Roland stated a landscape plan is required of every development. Staff will have to look at the landscape plan for the five acres on Akin Road and bring it back to Council. Police Chief Siebenaler stated when screening has been required in the past it has been part ofthe Developer's Contract. With Cameron Woods a 50 ft. buffer was required between the condominiums and the residential development to the north. He was not sure if you can add requirements to a previously approved Development Contract. Councilmember Pritzlaff stated he may talk with the adjacent property owner to see ifhe wanted to contact the developer about splitting the cost for a buffer. He would like to institute a tree preservation ordinance for developments that have not yet taken place. Staffwill research the issue and bring it back to Council. Finance Director Roland: There will be a Chamber lunch October 19 at 11 :30. The Community Development Director and Economic Development Specialist will be giving a presentation about what they do and an update on commercial and residential development. October 20 at 7:30 a.m. will be Coffee with Council. Councilmembers Pritzlaff and Wilson will be attending. Acting City Administrator Roland will be absent for a couple days and Community Development Director Carroll will be Acting City Administrator. Community Development Director Carroll: A packet for the Joint Council/Planning Commission Workshop was given to Council for the meeting on October 19 at 5:00 p.m. A lot ofthe information is regarding the City's housing goals, what progress has been made, areas for improvement, how to process concept plans, and background information. Police Chief Siebenaler: He will also be absent for a few days. Parking restriction warnings begin November 1 and tickets will be issued November 15. A phonemaster message will be sent out as a reminder. City Engineer Mann: Regarding the Ash Street project, they started placing curb today and will finish this week. Paving will be done next week. Council Minutes (Regular) (October 17, 2005) Page 5 Mayor Soderberg: Saturday he went to the river with the DNR to observe their surveying of the river where they shock and count fish. He could not believe the size of the fish. The Vermillion River is a world class river. He learned a lot about the river. He received a call today from Mr. Frank Madden, the attorney representing the City in contract negotiations. Because of notification requirements, he could not be here tonight. We need three days notice. Mr. Madden has some information for Council that would take no more than 15 minutes. Mayor Soderberg encouraged Council to have a Special Meeting with Mr. Madden on October 24, 2005 at 5 :30 p.m. This will be an Executive Session for contract negotiations. 14. EXECUTIVE SESSION -ISD 192 Litigation Matters Council recessed into Executive Session at 7:36 p.m. 15. ADJOURN Respectfully submitted, 57wd.;- P7~ Cynthia Muller Executive Assistant