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HomeMy WebLinkAbout03.07.05 Council Minutes COUNCIL MINUTES PRE-MEETING March 7, 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, Pritzlaff, McKnight, 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 2. APPROVE AGENDA MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA City Administrator Urbia updated Council on supplemental items to the agenda. A legal review of the Angus property was added to Executive Session. Councilmember Wilson requested a brief history on the Ash Street project. Councilmember Pritzlaffhad a question on the bills regarding garage service. This was payment for repairs on the First Street garage. There was also a question on the Kwik Trip gas total and whether our own tanks get a better price. Staff explained Kwik Trip gave the City a .03 discount option when the Maintenance Facility was built to put in fuel tanks to buy fuel in bulk. At that time the concrete slab was put in for this reason. However, at the end of the construction contingency funds were not there to do so. It is now in the fleet maintenance fund for $90,000 - $100,000. 5. STAFF COMMENTS a) Set Council Workshop - Administration Councilmember Pritzlaffhas a list oftopics for the workshop he will provide to staff prior to the workshop to research and prepare. Councilmember Fogarty discussed the MVTA meeting and the affects it will have on Farmington. Farmington is the third highest out of the area users in the metro. Approximately April 15, 2005 permits would be required for residents to use this service. The Council Minutes (pre-Meeting) March 7, 2005 Page 2 workshop will be held on March 24, 2005 at 5 :30 p.m. Councilmember Wilson would like to discuss commercial and residential development that is upcoming. Council should provide information to City Administrator Urbia the week prior to the workshop. b) Aesthetic Options - Spruce Street Project - Engineering c) Alternative Review Format - Administration City Administrator Urbia proposed a new format for his performance review. Mayor Soderberg asked if Council wanted to take more time to define or refine the process. Councilmember McKnight was not a fan of either review. The first one looked like a rating of the job description. He could use the current one to look at future goals. Councilmember Wilson is open to either format. Councilmember Pritzlaff felt Council should do the review and the City Administrator should do a self-review. A 360 degree review was forwarded to Council from Harry Brull. Mayor Soderberg asked if Council wanted to delay the review. Councilmember Fogarty suggested using both formats as the old one gives more guidance. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:59 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~m~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR March 7, 2005 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:02 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 John Kapustka, Keith Molnar, David Schreier, Bob, Anita, Becca Doll, Howard Miller, Vern Herberg, Jon Einess, Randy Oswald, John Tonsager 4. APPROVE AGENDA City Administrator Urbia added the following supplemental items: 1 Oc) Adopt Ordinance and Resolution - Zoning Map and Comprehensive Plan Amendment - Farmington Business Park - Community Development 10d) Adopt Resolution - Farmington Business Park Preliminary and Final Plat - Community Development lla) Council Discussion of Sidewalk Placement on Ash Street Added discussion on the Angus property dump site to Executive Session. MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Fire Department Fire Chief Kuchera informed Council that Bob Doll will be retiring after 22 years of service. City Administrator Urbia presented Mr. Doll with a plaque in recognition of his service. 6. CITIZEN COMMENTS Mr. John Kapustka, 19482 Evening Star Way, stated he supported the funding for the referendum, but not the location of the new high school. He would like to see more residents attend meetings regarding the site. There is orderly development within the comprehensive plan. There were 30 possible sites for the new high school and then it Council Minutes (Regular) March 7, 2005 Page 2 became two sites. Only when the Castle Rock site fell through, the Flagstaff site came about. The school did not know 208th Street was going through the site, or they ignored it. He felt the school disregarded the comprehensive plan. He stated the school was negligent because they only showed a map of the City, not the school district boundaries. He wanted everyone to know it is not a done deal. Four things need to happen: approval of a change in the comprehensive plan, re-zone the area from A-I to R-l, approve a conditional use permit, and approval ofthe preliminary and final plat. He urged residents to attend meetings with him to find a location within the comprehensive plan. He also urged Council to work with staff on finding a new site. Mr. Keith Molnar, 18742 Englewood Way, he lives next to a City lot, which is a well site, and had concerns with weed control and treatment of City property. He was bringing this up as a preventative issue and encouraged the City to apply weed control this spring. 7. CONSENT AGENDA Mayor Soderberg pulled item 7a) Council Minutes 2/22/05 Regular to abstain. Councilmember Wilson pulled items 7i) Joint Powers Agreement Dakota County Drug Task Force and 71) Adopt Resolution Ash Street Project Agreement for discussion. Councilmember Pritzlaff pulled item 7m) Adopt Resolution - Authorize Eminent Domain Ash Street Project for discussion. MOTION by Fogarty, second by Pritzlaffto approve the Consent Agenda as follows: a) Approved Council Minutes (2/28/05 Special) b) Approved School and Conference - Fire Department c) Received Information Capital Outlay - Parks and Recreation d) Received Information Capital Outlay - Solid Waste e) Approved Appointment Recommendation Public Works - Human Resources f) Approved Appointment Recommendation Solid Waste - Human Resources g) Approved Appointment Recommendation Fire Department - Human Resources h) Received Information School and Conference - Police Department j) Adopted ORDINANCE 005-524 Amending Solid Waste Ordinance - Parks and Recreation k) Adopted RESOLUTION R20-05 Gambling Event Permit - Administration n) Authorized Easement Acquisition - Ash Street Project - Engineering 0) Adopted RESOLUTION R23-05 Dakota County Prohibited Noxious Weed List - Engineering p) Approved School and Conference - Council q) Approved Letters of Support for Federal Dollars for Public Safety Center- Administration r) Approved Bills APIF, MOTION CARRIED. a) MOTION by McKnight, second by Wilson to approve Council Minutes (2/22/05 Regular). Voting for: Fogarty, McKnight, Pritzlaff, Wilson. Abstain: Soderberg. MOTION CARRIED. Council Minutes (Regular) March 7, 2005 Page 3 i) Approve Joint Powers Agreement Dakota County Drug Task Force - Police Department Councilmember Wilson asked if we are informed of any deficit in the drug task force. Staff replied the City receives monthly and annual cash flow reports. MOTION by Fogarty, second by Pritzlaffto approve the Joint Powers Agreement with the Dakota County Drug Task Force. APIF, MOTION CARRIED. I) Adopt Resolution - Ash Street Project Agreement - Engineering Councilmember Wilson asked about some items in the Joint Powers Agreement. Staff noted that even though the project number is 74-04, it is historically accurate. There are discussions and documentation dating back to 1995. MOTION by Pritzlaff, second by Wilson adopting RESOLUTION R21-05 approving the agreement with Dakota County and authorizing the execution of the agreement. APIF, MOTION CARRIED. m) Adopt Resolution - Authorize Eminent Domain Ash Street Project - Engineering Councilmember Pritzlaff asked for an update on this project. There were 42 appraisals for easements so they did not come in all at once. Staffhas brought the eminent domain requests to Council as the appraisals were received to get the 90- day process started to obtain easements sooner rather than later. The appraiser is working from east to west which is the direction in which the work will be performed. As oftoday, 25 agreements out of the 42 have been reached. Even if some agreements are not reached until June, the project will still be on schedule. MOTION by Wilson, second by Fogarty to adopt RESOLUTION R22-05 authorizing condemnation of property for public uses with the quick take provision. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - 2005 Seal Coat Project Hearing - Engineering Staff provided Council with an outline of the bids received to illustrate the estimated lowering of bids to complete the project and lower estimated assessments of $68.58 per residential equivalent unit. Staff explained that seal coating helps keep the moisture out and extends the life ofthe streets. The pavement management program will help track the life span of the road and affects of the seal coat project. Ifroads are bad in sections, it is ajudgment call as to whether they are seal coated. Patching is not assessed. If a street is taken out of the seal coat program, those residents would not get assessed. A mill and overlay or reconstruction is done after 20-25 years. MOTION by Pritzlaff, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Pritzlaffto adopt RESOLUTION R24-05 ordering the 2005 Seal Coat project, approving the plans, and authorize the City to complete these improvements as part of the Joint Powers project. APIF, MOTION CARRIED. Council Minutes (Regular) March 7, 2005 Page 4 9. AWARD OF CONTRACT a) Adopt Resolution - Ash Street Project - Engineering (Supplemental) Nine bids were received. The low bid was submitted by Friedges Contracting Company in the amount of $2,312,616.58. There was an alternate which included a different method to install the water main which resulted in an adjusted base bid of $2,299,757.83. MOTION by McKnight, second by Fogarty adopting RESOLUTION R25-05 awarding the bid to Friedges Contracting Company for the Ash Street Reconstruction and Utility Improvement Project. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Veterans Memorial- Parks and Recreation Parks and Recreation Director Distad introduced Mr. David Schreier of the Farmington Area Historical Society and Ms. Bev Ersfeld of the VFW. Mr. Schreier is working with the VFW and the American Legion to establish a Veteran's Memorial. Attempts to establish a memorial in the past failed because Farmington was a village. They would like a memorial in a park and to re- establish a roll of honor with all veterans listed. Sample designs were provided to Council. He invited Council to attend the next meeting scheduled for April 21, 2005 at 7 p.m. at the VFW. He encouraged Council and the public to support this project. They would also like to include veterans who have moved to Farmington. Mayor Soderberg would like to see this become a community project and include clubs, parks and recreation, FAHS, high school students, etc. Council reached a consensus to support this project. Farmington will be celebrating its 150th Anniversary in 2008 and they would like to have this project completed for that celebration. Ms. Ersfeld thanked Council for their approval. Councilmember Wilson asked if the memorial could be placed in a new park according to the Park Master Plan. Staff replied as they go through the park planning process they would bring this to the Veteran's Memorial group. The design work needs to be completed first to identify the amount of space needed before selecting a park. MOTION by Fogarty, second by Pritzlaffto solidify the City's commitment to a Veteran's Memorial in the City of Farmington. APIF, MOTION CARRIED. b) Approve Park Master Plans - Parks and Recreation Mr. Paul Paige, Hoisington Koegler Group, Inc., gave a presentation on the proposed parks for Middle Creek, Vermillion Grove, Hill Dee, and Silver Springs. Regarding Hill Dee Park, Council requested a bench by the basketball court and better playground signage along the street. There was a request for 25 mph speed limit in the Hill Dee area at Upper 182nd Street. Staff did not recommend this because it would be too confusing to have varying speed limits. Regarding Silver Springs Park, the cost of the fence is $24,400. Council requested the Parks and Recreation Commission research other fence options rather than a metal fence. Regarding Middle Creek Park, staff requested Council's approval to allow the Parks and Recreation Commission to continue with the process. Mr. Paige noted this continues the trail alignment and they have received support from residents to Council Minutes (Regular) March 7, 2005 Page 5 the east. Council requested a sample or pamphlet of options in the future. Staff will provide pictures. Councilmember Wilson thanked Parks and Recreation Director Distad for his good work. He liked the resident participation and the whole process. It was a good idea to put trails in before development. Council agreed this was a good process. MOTION by Wilson, second by Pritzlaffto approve the Middle Creek, Vermillion Grove, Silver Springs and Hill Dee Park Master Plans. APIF, MOTION CARRIED. c) Adopt Ordinance and Resolution - Zoning Map and Comprehensive Plan Amendment - Farmington Business Park - Community Development Mr. Colin Garvey is proposing to rezone the area adjacent to Canton Court from A-I to a commercial PUD. He is also proposing to designate the property as business on the Comprehensive Plan Land Use Map. The PUD would be similar to the B-3 (heavy business) zoning district with minor modifications such as adding class II restaurants, changing the minimum lot size from 5,000 sq. ft. to 1 acre, the minimum setback requirement would change from 0 ft. to 20 ft., and the maximum lot coverage would change from 35% to 45% for mini-storage facilities only. The sexually oriented business-accessory use will be deleted. The design standards are as follows: 1. Exterior walls facing TH50 on block 1, lot 1 are required to be constructed with brick, stone, or other materials listed in the design standards. 2. Exterior walls other than those facing TH50 on block 1 lot 1 shall be constructed 50% brick, stone, or other compatible materials and the other 50% may be metal or similar material. 3. Mini-storage facilities shall be allowed 75% maximum lot coverage. 4. The setbacks for buildings shall be 20 feet in the front yard and 10 feet on the side and rear yards. 5. Businesses that abut TH50 shall not construct loading docks that front this roadway. This property was non-designated in the Comp Plan because it was in Castle Rock. When it is annexed into the City it comes in as A-I, then it would be changed to PUD. Councilmember Fogarty was concerned with the classification of fast food because of the traffic. Staff explained class 2 is a restaurant without liquor. Staff is working with the township on the issue of Canton Court. Castle Rock would consider transferring Canton Court to the City so it can be a City road, rather than a township road. Issues have been and are being discussed at the Castle Rock/Farmington meetings. Staff does not see any problems with the PUD. Attorney Jamnik did not see any problems with deleting the sexually oriented business in the short term. In the long term, as acreage is added, we will have to look at this again. MOTION by Wilson, second by Pritzlaff adopting ORDINANCE 005-525 rezoning the Farmington Business Park property from A- I to PUD and adopting RESOLUTION R26-05 amending the 2020 Comp Plan for the Farmington Business Park property located south ofTH50. A PUD agreement shall be executed between the City and the developer that contains the Council Minutes (Regular) March 7,2005 Page 6 provisions described above including the Farmington Business Park Design Standards. APIF, MOTION CARRIED. d) Adopt Resolution - Farmington Business Park Preliminary and Final Plat - Community Development Mr. Colin Garvey has submitted a plat for seven new commercial lots in the Farmington Business Park. The lots are located west of Canton Court adjacent to a proposed road that would extend to the west from the existing Canton Court. One existing commercial lot is included on the plat located to the southeast of Canton Court. The developer will be required to install parks and trails and provide a landscape plan and meet the engineering requirements. Mayor Soderberg asked if the Fire Marshal was aware of the length of the cul-de-sac. Staff noted he was and it was discussed at several development committee meetings. Councilmember Fogarty noted there were no sidewalks. The developer will put in a sidewalk on the south side. The trail to the south should be looped up to the residential area instead of the commercial area. Parks and Recreation Director Distad noted the idea is to do a loop around the large ponding area, much like the Minneapolis lake system. Mayor Soderberg did not like having one way in and out on the cul-de-sac. Staff should keep in mind if the parcel to the north comes into the City, would this be another access option. MOTION by Pritzlaff, second by McKnight to adopt RESOLUTION R27-05 approving the Farmington Business Park preliminary and final plat with contingencies. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Council Discussion of Sidewalk Placement on Ash Street Councilmember Pritzlaff asked Council to look at moving the sidewalk on Ash Street closer to the curb. Staff spoke with the County, and the Traffic Engineer said they were uncomfortable with putting it along the curb and it would have to be wider in that case. The bigger issue is that the utilities would have to be moved and re-planned. The concerns with the utility issues are the City could have to pay for this. Up to now the utility companies pay. Also, there would be a potential delay for the project. Staffhas been working with the utility companies to get done so as not to interfere with the Fair. There is a small window of where the poles can go and the County would consider it. The County has said the sidewalk needs additional width. The City would recommend 8 ft. vs. 5 ft. Mayor Soderberg did not see the cost savings. He is not interested in bituminous for a portion of the way. He does not want to delay the project and sidewalks were always in the plan. He was not in favor of moving the sidewalk. Councilmember Pritzlaff felt the utility companies should pay to move the poles regardless of where they have to be. City Engineer Mann cautioned they need to consider other utilities if the poles are moved. This could create a domino affect with poles, gas line, fiber optic line, etc. The costs could come back to the City. If we are breaking even or spending a little more, Councilmember Pritzlaff would like to look at the options and cost differentials. Councilmember Wilson wanted to find a win-win option on this and all projects. He was not interested in moving Council Minutes (Regular) March 7, 2005 Page 7 the sidewalk if it would cause delays or utility cost increases. Councilmember McKnight asked for an estimate for moving the trees and utility lines. City Engineer Mann estimated the cost to be $300 per tree and there would be four or five trees. He could not estimate the delay at this time without knowing all the ramifications. Councilmember McKnight stated this is not a one week a year sidewalk and agreed with Councilmember Fogarty. If the sidewalk is there, people will use it. Councilmember Fogarty had no desire to increase costs or cause time delays. There is a safety issue with having the sidewalk next to the road and saving trees are not worth jeopardizing the safety of a child. The residents have had more than enough time to come forward. She wanted to stay with the plan. City Engineer Mann stated staff is concerned with the trees and has researched moving the trees to keep them alive. There are ways to deal with the trees and staff is committed to working on this. Mayor Soderberg noted the survey indicates the trees are actually on the City right-of-way. The City can move them as part of the project. The sidewalk has always been a part of the project. He commended Councilmember Pritzlafffor his research. Councilmember Pritzlaff agreed the right-of-way makes a difference. There are other residents that also have issues with regard to a fence and bushes. He commended City Engineer Mann for getting the information packet together and sent to the property owner. Councilmember Pritzlaff asked staff to research the cost factors and delays. Councilmember Fogarty did not need anymore information. Councilmember McKnight does not want the process to stop, but would like a cost estimate. Councilmember Wilson concurred with Councilmembers Fogarty and McKnight, however he does not like the idea of altering the plan. Staffwill research the cost estimates and time delays resulting in placing the sidewalk next to the curb from 6th Street to TH3. Police Chief Siebenaler stated earlier there was a discussion about a fence separating a trail along English Avenue. This is a similar safety issue. There is also a maintenance issue including costs for removing snow as there would be no room for snow banks. He encouraged Council to not put the trail directly at the back of a curb for safety issues. Councilmember Pritzlaff asked about the snow issue and where the snow would go. City Engineer Mann replied it depends on the amount of the snowfall whether it would be put on the right-of-way or on private property. 12. NEW BUSINESS a) Consider Expansion of Pilot Knob Liquor Store Lease Area - Finance Schwiness LLC has offered the City the space adjacent to the recently constructed Pilot Knob liquor store location to expand the store at our current lease rates. Due to demographics, staff chose to build a smaller downtown store even though the developer suggested a larger store. Finance Director Roland showed an illustration of the expansion. One example of the need for expansion is the Wine Club. Ten people have signed up at the downtown location and 100 at the Pilot Council Minutes (Regular) March 7, 2005 Page 8 Knob location. Wine sales carry the Pilot Knob store. There have been slightly lower than anticipated net profits for 2005 due to the expansion. The worst case scenario is $0 net profit. Councilmember Wilson felt this was a good opportunity and we should take it. He appreciated the illustration ofthe worst case scenario. Councilmember Pritzlaffwas concerned with what would happen if a liquor store was built on 160th Street and Pilot Knob. Staffhad no knowledge of that. There is a seven year lease so if sales drop, the store can move in seven years. She did not believe Lakeville and Farmington liquor sales are at the saturation point. Any net profits would be transferred to parks in 2006. Councilmember Fogarty felt this was a great opportunity. Mayor Soderberg agreed, but asked if we are growing too big, too fast. Staff replied at this point we are catching up. Councilmember Pritzlaff felt this was a great opportunity to expand our market. MOTION by Fogarty, second by Wilson to authorize expansion of the Pilot Knob liquor store leased area to include the additional 2,062 sq. ft. at the current lease contract rates. APIF, MOTION CARRIED. b) Appointment of Representatives to ISD 192 Facility Project Team- Administration The Farmington School District Facilities Project planning is ready to begin. The school is seeking community involvement including appointing a Councilmember and the City Administrator to the Executive Committee. Council agreed to appoint Councilmember McKnight and City Administrator Urbia to the committee. A schedule for meetings has not been prepared at this time. City Administrator Urbia will explore other ways that other Councilmembers can be involved. MOTION by Fogarty, second by Pritzlaffto recommend appointment of Councilmember McKnight and City Administrator Urbia to the Executive Committee and recommend authority for City Administrator to appoint as deemed necessary to appropriate committees, focus and work groups, including the land acquisition subcommittee. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Abstain: McKnight. MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: The first Council/School Board meeting went well. She congratulated Jared McCarthy on his state wrestling championship. She congratulated Mayor Soderberg on the Mayoral Ball and thanked Councilmember Wilson for his work on it. Councilmember Wilson: He echoed Councilmember Fogarty's comments and stated the Mayoral Ball was a fun event to plan. City Administrator Urbia: Coffee with the Council is March 17. Mayor Soderberg and Councilmember Wilson are scheduled to attend. The goal setting retreat will be March 11 at 5 p.m. and March 12 at 8 a.m. at the Central Maintenance Facility. Council Minutes (Regular) March 7, 2005 Page 9 City Engineer Mann: Gave an update on the wetland buffer issue. Staff received barely over 80% response rate to their survey. They will be following up with phone calls to get better data. Next he discussed the Spruce Street bridge aesthetics. The west end of the bridge is a straight forward landscaped median. He directed Council's attention to the easterly end at Denmark Avenue. The design brings in the elements of the Exchange Bank building. The cost of the feasibility study would be $3,046,000 for the bridge, roadway, etc. as illustrated. The cost of monuments and pillars is quite substantial. Councilmember Fogarty was an advocate of the aesthetics as they are critical to this gateway. Councilmember McKnight stated it looks nice, but cost is a concern. Councilmember Pritzlaff agreed with Councilmembers Fogarty and McKnight. Mayor Soderberg liked the arch aspects of the Exchange Bank building. He is interested in the funding options. Mayor Soderberg: Language is inadequate to express his gratitude for the Mayoral Ball. It was a culmination of an incredible number of volunteers and they had a great time. Over $5,000 was raised to date for Community Action Council and it is going up. CAC got a lot of exposure and Dakota County is aware of the good that they do. MOTION by Fogarty, second by McKnight to adjourn into executive session at 10:05 p.m. APIF, MOTION CARRIED. 14. EXECUTIVE SESSION - Power Line Appeal - Angus Property Council went into executive session at 10:11 p.m. Councilmember Wilson left at 10:33 p.m. 15. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 11 :23 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~Jr7~ Cynthia Muller Executive Assistant