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HomeMy WebLinkAbout04.04.05 Council Minutes COUNCIL MINUTES PRE-MEETING April 4, 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; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight noted out of the four supplemental items he has had time to read one of them. He asked if staff could provide a summary of them, and if not, he would not approve adding them to the agenda as he has not had time to read them. City Administrator Urbia gave a summary ofthe supplemental items. 7m) Private Development Street Sweeping Contract - Engineering City Engineer Mann explained the City requires the developer to keep the mud off the streets during development. At times, the developer does not do this, so the City contracts with a street sweeping company to do the work and then the developer is billed for it. Streets are inspected twice a week and any streets that are not clean, are cleaned the next day. 7n) Waiver of Plat Request - 20210 Akin Road - Community Development City Administrator Urbia explained this lot split needs to be approved by Council because it is a metes and bounds description rather than a platted lot. Staff researched an alternative to having another access rather than onto Akin Road, but the owner would not agree to an alternate access. Councilmember Pritzlaff felt another entrance onto Akin Road would be a problem as there would be three driveways very close to each other. The owner is planning on having one house on the lot. Community Development Director Carroll explained the new entrance would be approximately 50 ft. from the Council Minutes (Pre-Meeting) April 4, 2005 Page 2 gravel entrance and approximately 60-70 ft. from the existing driveway to the Wefel home. There would be three accesses within 130-140 ft. 70) Fiber Optic Bids - Human Resources City Administrator Urbia stated this is an alternative to sharing the fiber optic system with the school. The City feels their charge of $3600 a month is excessive and only for two strands which will not serve the City into the future. The estimate for installing fiber optic is approximately $130,000. This can be financed through the cable communications fund and liquor store funds. Staffwas asking for authorization to advertise for bids for this proj ect. Council decided to move 7n) Waiver of Plat 20210 Akin Road to 10d) for discussion during the regular Council meeting. Councilmember Fogarty will be pulling items 7d) Capital Outlay - Parks and Recreation and 7e) Sign Marquee - Parks and Recreation. Item 7e) is asking for direction and that cannot be done under consent. Councilmember Wilson also wanted item 7e) pulled. Councilmember Wilson referred back to the Waiver of Plat issue. He would like to hear comments from the resident. Councilmember Fogarty asked ifthe two properties could share a driveway. Attorney Jamnik stated the Zoning Officer determines whether the application affects future development or abutting property owners. If it doesn't the Zoning Officer can recommend approval to the Council. 5. STAFF COMMENTS Parks and Recreation Director Distad stated regarding item 7e) Sign Marquee a representative from the Rotary Club will also be in attendance to discuss this item. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:46 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~/Y7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR APRIL 4, 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; 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 Bill Fitch, Jonathan Fruchtman, Julie May, Janie Tutewohl 4. APPROVE AGENDA Councilmember Fogarty pulled items 7d) Capital Outlay - Parks and Recreation and 7e) Sign Marquee - Parks and Recreation. Councilmember Pritzlaff pulled item re-numbered as lOd) Waiver of Plat Request - 20210 Akin Road - Community Development. City Administrator Urbia added supplemental items 7h) Approve Temporary On-Sale Liquor License Application - Administration, 7m) Private Development Street Sweeping Contract - Engineering, 7n) Fiber Optic Bids - Human Resources, 1 Oc) Consider Feasibility Study Flagstaff Avenue - Administration, 10d) Waiver of Plat Request- 20210 Akin Road - Community Development. MOTION by Pritzlaff , second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Community Development Ms. Tina Schwanz was introduced as the new Economic Development Specialist. b) Introduce New Employee - Information Technology Mr. Rob Boerboom was introduced as the new IT Specialist. 6. CITIZEN COMMENTS Mr. Bill Fitch, 5816 Upper 183rd Street, spoke regarding an item from the February 22, 2005 Council meeting regarding the budget shortfall for 2004. His concern lies in that the Council was told we had a $350,000 shortage. That number never changed throughout the remainder of 2004. Seeing the building permit reports, Council knew that Council Minutes (Regular) April 4, 2005 Page 2 number would be slightly higher, but did not anticipate double that number. Ifthat is added to the money transferred out ofthe franchise funds and some things Council authorized earlier in the year, that number is almost $1 million. We were almost $1 million short last year. One thing that concerns him is that he did not see one person on the Council ask one question during or after the presentation. How did we get from that leap to where we ended up? It is disappointing we are short $50,000 plus per month and the elected officials who are the liaisons or the taxpayers watch dog were never informed of that size of a shortage. Council approved a $1.2 million tax increase for 2005. With the way 2004 ended, he was worried we would be able to do 1/3 of the wish list. In particular, public safety was a huge concern at the time. He was worried we would not have the money to add three new police officers this year. He wanted to know, as a citizen, and it was not clear to him when he sat on the Council, whose job is it to monitor the budget? What happens when the shortfall occurs? Who is informed? The City Administrator? The Department Heads? Do the Department Heads inform the City Administrator? Or the Finance Director? Who decides if remedial action is necessary on the budget? When should the Council be informed of these shortages? And whose job, most importantly, is it to inform the Council? Some things he is concerned about going forward, are we really confident that the Council in place, that the numbers we are looking at for 2005 are doable? Are we going to be able to live within our budget? Is the City Council here now able to tell us that we will live within our budget this year? What is your game plan to ensure one ofthe other areas that is going to be of concern in the very near future and should be right now is our budget reserve fund. His math tells him we are at $750,000 plus in an under-funding state of the budget reserve. That $1.2 million is gone in no time. He wanted to know Council's game plan to make sure we replenish that money and that Council gets the information in a timely, correct and accurate manner. He realized Council's and staffs time constraints so ifhe does not receive an answer in 4-6 weeks he would be happy because we need to take time to think about where this is going and what really happened. In 2003 we ran into the same situation and there was a heavy push for a City Hall in 2003. In 2004 Council was notified of a $30,000 per month shortage for 2003. Was that timely? He did not feel it was timely. If Council had approved a new City Hall that year, the City would have been in really serious financial trouble this year without another huge tax increase. Weare going forward this year, and there will be a lot of pressure on the Council to approve a Community Center. He realized it was self-imposed by the taxpayers to build it, but the operational side, can we afford it? That will be the main question Council will have to answer. Even if the taxpayers say they will fund it from a referendum standpoint, can we actually afford it from an operation standpoint? Inver Grove and Rosemount run their arena and Community Center at a large operational cost to the taxpayers. a) Response to Mr. John Ristow - Engineering City Engineer Mann stated they responded to Mr. Ristow's attorney, Mr. Jonathan Fruchtman, regarding the trees. Staff talked with the expert that Mr. Fruchtman had spoken with. Councilmember Pritzlaff asked staff to review the expert's comments regarding the success rate of moving the trees. The attorney's information stated the expert had moved 1,000 trees, but then stated this would not be successful. Then why has he moved 1,000 trees? Staff stated the Council Minutes (Regular) April 4, 2005 Page 3 professional indicated the most important factors are the size of the tree spade and that they need to be watered appropriately following transplantation so the shock of the transplanting is mitigated. He recommended a tree spade of60 inches in diameter should be used. A 36-inch diameter spade is not successful. Staff spoke with a consultant who sent a quote and they use a 90-inch spade. This would lend that much more potential success to the transplantation of the trees. Staff asked the professional ifhe felt it would be better to trim the side ofthe trees that hang over the right-of-way and with the installation of utilities and the sidewalk there would be cutting of the roots. The professional said it would be preferable to properly move the trees than to cut offthe parts over the right-of-way. The mortality of moving the trees should be shown in 18 months - 2 years. It is not a fertilizing issue, it is definitely a watering issue. Mr. Jonathan Fruchtman, representing Mr. Ristow at 1014 7th Street, stated in the response by the City Engineer he made a selective reading of what was in Professor Johnson's material. If Council were to read the material more comprehensively, the age and size of the trees make a difference. The trees are over 10 years old and some are 20 ft tall or taller. There is a major risk considering the age and size of the trees. He wanted the Council to be aware they are moving forward on trying to place a dollar value on the damage to this property. They are looking at two ways. There was a private investor interested in Mr. Ristow's property and he has since withdrawn his interest as a result of this project. They feel the damages there would be $50,000 or more in terms of what this person was willing to pay before versus what they would be willing to pay now. They are also moving forward in selecting an appraiser to value the property. He wanted Council to be aware the dollar figures will not be for the value of a couple trees, but it will be the value of the damage to the property. This will be a much larger amount than Council has been anticipating. He asked the Council to balance the litigation costs and risks with coming up with a solution that wins for everyone and saves the trees. Mr. Ristow wanted him to ask some specific questions and comments regarding this matter. Mr. Ristow understands that the City has gone out of its way in the past to not use its eminent domain authority, has gone out of its way to reach agreements with landowners in these types of situations and Mr. Ristow feels this has not happened in this case and this is not what has happened in the past. He is interested in learning more about that. One of the things the Council has expressed has been about safety, about having the sidewalk along the curb. Mr. Ristow noted the Akin Road project which goes past a school which is on a County highway with a higher speed limit that a sidewalk for over a mile is along the curb. Ifthat is appropriate to do there in a more dangerous situation, why isn't it appropriate to save the trees in this situation and place the sidewalk along the curb? Mr. Ristow would like to know who the County contact person is on this project. In terms of widening the street, Mr. Ristow is interested in why a middle turn lane is necessary in this particular location. Middle turn lanes are usually in commercial areas to allow entry into commercial parking lots which have a high volume of traffic. They see Council Minutes (Regular) April 4, 2005 Page 4 them less often in residential areas. Why is a middle turn lane appropriate on this stretch of road? Mayor Soderberg stated with regard to saving the trees that is the City's intent to try to save the trees. That is why the prospect of moving them. Ifthe trees were left there and the project moved forward, the likelihood they would die in their present position is much greater. The City is trying to save the trees. As far as the rest of the questions, staffwill research and respond. Mr. Fruchtman stated perhaps what City Engineer Mann looked at was trimming the trees with the sidewalk in its present location which is on the other side of the boulevard. The trees would be saved if the sidewalk were placed on the curb rather than having a boulevard between the sidewalk and the street. 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda pulling items 7d) and 7e) as follows: a) Approved Council Minutes (3/21/05 Regular) (3/24/05 Special) b) Approved Agreement with Hoisington Koegler Group Inc for Park Planning Services - Parks and Recreation c) Approved Agreement with Farmington Fastpitch Softball League - Parks and Recreation f) Approved Name Change - Therapeutic Massage License - Administration g) Adopted RESOLUTION R32-05 Approving Gambling Event Permit - Administration h) Approved Temporary On-Sale Liquor License - Administration i) Adopted RESOLUTION R33-05 Designation of Fund Balance - Finance j) Approved Appointment Recommendation Police - Human Resources k) Adopted RESOLUTION R34-05 Development Contract Middle Creek East 2nd Addition - Engineering 1) Approved Bills m) Approved Private Development Street Sweeping Contract - Engineering n) Approved Request to Advertise for Bids - Fiber Optic Cabling - Human Resources APIF, MOTION CARRIED. d) Capital Outlay - Parks and Recreation Councilmember Fogarty stated regarding the Community Center Task Force, they discussed reviewing the current facilities and their longevity. She was concerned with spending $50,000 on the ice arena if its longevity was in jeopardy. She would prefer to wait until they are sure of the status ofthe arena. Parks and Recreation Director Distad stated he agreed with waiting for the study of the facilities. Ifthe building will be good for another ten years, he can obtain new quotes. The remaining Councilmembers agreed. MOTION by Fogarty, second by McKnight to table this item. APIF, MOTION CARRIED. Council Minutes (Regular) April 4, 2005 Page 5 e) Sign Marquee - Parks and Recreation The school district has done some research as far as sign marquees. These signs would provide information to the public in a couple locations. The school is asking the City to partner with them. However, money is not budgeted in the 2005 capital outlay budget. Staff is asking if Council is interested in moving forward which would require budgeting this money in the 2006 budget. Members of the Rotary Club were also present. Ms. Janie Tutewohl, Rotary Club President, stated the Rotary Club has been planning this sign project for two years as their Rotary Centennial project. Their main objective is to increase the lines of communication between non-profit, City, school and civic organizations. The Rotary is planning on being a sponsor of all three signs. There would need to be discussions on future cost for programming. The Rotary has some contractors that would be interested in donating the labor and material for building the signs. Initially the Rotary was going to improve the HRA sign on Elm Street. A few months ago Mr. Doug Bonar suggested the Rotary pursue three locations if the school, City and Rotary work together. They could get better pricing and exposure. The HRA sign would be the third sign. The Rotary is open to other locations as well if there has to be three new signs. Councilmember Wilson preferred to table the item to work out issues as far as placement, and did not feel comfortable ear marking $30,000 at this point. Ms. Julie May, Rotary Club, stated this was started two years ago as their Centennial Project. They are committed to move ahead with what they thought was going to be an alteration ofthe existing sign. Involving the other two signs was just to increase the lines of communication and save the City and school money. They are committed to moving forward and do not want to stall too long. They wanted to bring this forward to make Council aware of this as they work through the details regarding specific locations and costs. They are looking at $90,000 total for the three signs and the Rotary Club is very committed in sharing a third ofthat cost. There needs to be some future discussion as far as programming and what messages would be appropriate. The Rotary would like to see the same message on all the signs, located downtown, by the school and by the Police Department. Councilmember McKnight was interested in partnering with the two groups contingent on the 2006 budget, but he was willing to start the initial steps. Initial steps would be identify an amount, potential site work, resolution on who would do the work, the maintenance costs, etc. Council would not have a final answer until December. Councilmember Fogarty thought it was a great idea and a great communicator. She confirmed this is an electronic sign with a roving message. However, Council needs to determine the budget and they have no idea where the budget Council Minutes (Regular) April 4, 2005 Page 6 will be. She was nervous to commit any money. Ms. May stated the Rotary would have to take that into consideration. Mayor Soderberg agreed it was a great way to partner. Bringing in the Rotary changes the dynamic ofthe project. Parks and Recreation Director Distad stated the school requested to get some direction from the City because they had some money left over from a capital project. There is a concession stand at the football field and this sign marquee were projects to use the remaining money. The school brought this to the City because they had the money available at this time to move forward. They received quotes from two electronic companies. Costs were $30- 32,000 for each sign and $15,000 for retro-fitting the HRA sign. The Rotary stated they would be willing to split the costs evenly. Community Development Director Carroll stated he spoke with Ms. Tutewohl and they agree there are issues to be discussed. He suggested forming a committee with representation from the Rotary, school and the City so the issues could be jointly explored. A benefit could be they would identify a cost savings that could result from donated labor or materials. Another thing that could be discussed is the possibility of not doing all the signs at one time. Perhaps it is easier to free up a smaller portion of money earlier to do the downtown sign first. If the school as money available now, perhaps they could do the next sign with the understanding the City would fund the remaining sign. Those details would be worked out in a committee. Councilmember Wilson stated he would like to partner with the school where it makes sense. He asked what information is desired to be put out there that is not conveyed now and/or is the information being put out there now. Being able to change the information from a computer and change it quickly is a benefit. Ms. Tutewohl stated the HRA sign poses more of a problem because it needs a line of sight. The other two signs would be computer programmed. She stated they would have to work with the City, school and Rotary to work out prime time for traffic levels and what would be programmed when. The messages would contain school and City functions, community events, Rotary events, civic organizations, probably not business advertising. Mayor Soderberg noted this would address one of their concerns which is communication with the public. It is looking at spending up to $30,000 to work on that goal of increasing communication. It does not seem like it would be overly burdensome especially with three signs. His desire was to explore it and move forward. There are a lot of questions to be answered. Councilmember Pritzlaff agreed with forming a committee. He asked at what rate does a delay affect this partnership. Ms. Tutewohl stated there could be some price increases in the near future, but if a committee could be formed she felt they could make progress fairly quickly. Community Development Director Carroll stated the downtown sign is the easiest of the three and felt it would be the logical one to start with. Councilmember Pritzlaff asked if there were not a lot of events Council Minutes (Regular) April 4, 2005 Page 7 going on, could it be used for businesses to advertise and charge for it to recover the cost. Ms. May stated it was not their original intent, but it could be discussed. The Rotary's intent was for a Centennial Project and to increase lines of communication between civic organizations. It is possible, but not the original intent. Councilmember Fogarty felt between the school, City and civic organizations, there are events constantly. Community Development Director Carroll cautioned with having a situation ifthere is a strong interest among businesses, how do we prioritize that. It could create issues that are more challenging. It was not envisioned as a fund raising project. Community Development Director Carroll noted the sign code does not have provisions that allow this type of sign. Staff met with another organization interested in putting up this type of sign along Hwy 50. Council will have to address possible changes to the code and circumstances under which to allow this. This will be discussed at the Planning Commission, and possibly a public hearing at the May Planning Commission meeting. It would then be brought to Council in late May. Councilmember Wilson wanted to support moving forward and forming a committee. Parks and Recreation Director Distad stated staff is looking for direction from Council whether or not to move forward with more research working with the school and the Rotary to further identify more information to be provided to Council at a later date without a financial commitment. MOTION by Wilson, second by Pritzlaff to move forward and continue looking at a partnership with the school on the marquee sign issue and for staff to inform the Council at a later point on the progress of the partnership. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS b) Adopt Resolution - Supporting Transit Legislation - Administration The transit issue was discussed at the March 24,2005 workshop. The parking lot at the transit station in Apple Valley is full. There is a concern by Apple Valley that there are so many non-residents parking there, there is not enough room for Apple Valley residents. Apple Valley has placed a large sum of money into acquiring the property so they feel they can implement a permit system for parking. If that is done, it would create a hardship for Farmington residents. Farmington was the third largest City not in the taxing district. A survey was done showing 143 license plates from Farmington at the parking lot. If the City wanted to join the taxing district, the money would be put into paying the debt service for the Met Council, it would not get the City additional service. So there Council Minutes (Regular) April 4, 2005 Page 8 is no incentive to join. Local legislators have introduced a bill to allow cities to voluntarily enter the taxing district through an eight year phase-in. This would provide a tool to the City to join in the future if we wanted. Staff prepared a resolution supporting the bill. Councilmember McKnight felt this was great legislation. He was concerned that Apple Valley does not support the bill for eight years, only two years. He spoke with an Apple Valley Councilmember who was very happy with the efforts Farmington was making. He would support the legislation. Councilmember Wilson was impressed by the residents who came to the workshop. The catch 22 is do we agree to voluntarily come in or do we agree to be forced to come in. This bill would enable additional taxes from residents for transit which is becoming a growing need. It is important for residents to be aware that the tax money being paid in would be going to debt service as opposed to actual transit operations. He felt it would be in the City's best interest to support this. Councilmember Pritzlaff stated he supported the legislation. As far as getting into the taxing district and not having any benefits, he asked ifthe City would see any benefit from the park and ride at 160th Street and Pilot Knob Road. City Administrator Urbia felt residents would be able to use that. One option would be to possibly contract with MVT A to bring a bus to Farmington, it would give them more resources as an alternative to the park and ride. This would be a short term solution. Mayor Soderberg stated the legislation allows us to negotiate with the Met Council to obtain services. The money would go to paying off debt service. This legislation gives us a favorable tool to negotiate with the Met Council. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R35-05 supporting legislation for voluntary entry into the transit taxing district. APIF, MOTION CARRIED. a) Council/Management Retreat Summary - Administration City Administrator Urbia reviewed additional ongoing goals and other goals not included in the top six. Ongoing goals include: 1. To ensure the continuing financial stability of the City. 2. To manage the City's growth to ensure high quality and diverse development. 3. To improve the City's aging infrastructure. 4. To expand the City's recreational opportunities and facilities. 5. To preserve the heritage and atmosphere ofthe past. 6. To utilize new technologies when and where appropriate. 7. To enhance the City's aesthetics. 8. To provide a positive work environment for employees. c) Consider Feasibility Study Flagstaff Avenue - Administration There have been discussions between the City and school regarding the high school site. Staffhas recommended the first step is to request a feasibility study. The school closed on the Christensen site last week. The school submitted a written request for a feasibility study. The request stated the scope of services would only entail the portion of Flagstaff, south of 195th Street to Hwy 50. If the Council Minutes (Regular) April 4, 2005 Page 9 Council chooses to expand the scope of the study, they would do so of their own volition. Because of this staff recommended not approving the request. There are a number of items that need to be included in the feasibility study: 1. The paving of Flagstaff Avenue from CSAH 50 to the Farmington/Lakeville border. 2. Installation of approximately 15, 500 feet of water main. 3. Installation of approximately 6,600 feet of sanitary sewer. 4. The 20Sth Street alignment needs to be coordinated with the site and with the City of Lakeville. 5. Coordination with Lakeville and the Met Council is necessary regarding the sizing of the sanitary sewer in Flagstaff to provide future service to Lakeville. 6. Determine if the site and roadway is in the Special Waters Trout Stream area and identify impacts of such. 7. Coordination of the timing of the public improvements with the building of the school. S. Determine ifthere is any cost exposure to the City for any infrastructure or increased service demands. The request from the school does not cover paving the entire length of Flagstaff Avenue. Staff feels there would be a safety concern with going from a paved portion to a gravel portion. Usually development would pay for a road, but the Comp Plan does not provide for development in this area. A survey crew has started surveying the area to do the preliminary work due to the school's timeline. Councilmember McKnight thanked staff for the checklist of items needed to be done. He requested staff forward this to the school. As far as the survey crew, if Council says stop to the feasibility study, what are we stopping ifthe survey crews are already out there. City Engineer Mann stated when staff learned the school would be submitting a request, a survey crew was available, and one days' worth of surveying could be done. Staff wanted to receive direction from Council as to whether to continue the work. This is preliminary work that needs to be done prior to the feasibility study. Regarding wanting the road paved to the border, he wanted to continue doing the work and the Council and school board will resolve the issue. Councilmember Fogarty asked how long the stretch of road is. Staff replied it is 3 miles from Hwy 50 to Lakeville. Councilmember Fogarty stated as far as the feasibility cost, how much more is it to include the portion north of 195th Street. City Engineer Mann replied staff would have to review that. There would be the survey time and make an estimate on the additional work involved up front. Staff could bring this back in the future. Councilmember Fogarty stated there is no way she wants to see the high school at that site without Flagstaff paved from pavement to pavement. There is no way she will approve it, so it would be ridiculous for her to approve a feasibility report without it. It is not that great a distance and even for maintenance it is ridiculous to go from pavement to gravel Council Minutes (Regular) April 4, 2005 Page 10 to pavement in such a short span. She will not approve the feasibility report without this. Councilmember Pritzlaff appreciated the checklist and agreed the entire road should be included in the feasibility study. Mayor Soderberg noted the survey work being done will remain valid whenever it is done. Staff added without any major changes the data should remain valid. Mayor Soderberg asked how much time the preliminary work takes before the feasibility study. Staff replied it could take up to a month. This is a significant part of the cost of a feasibility study. Mayor Soderberg asked if Council can take action at the joint Council/School Board meeting. Attorney J amnik stated this is listed on the agenda, so Council could take action on Wednesday. Mayor Soderberg felt the request is for half a study. The City has made it clear they want it paved to the border. With the high school site, the traffic will be students, parents, and staff. So why shouldn't the taxing entity gaining the benefit pay for it. Council has made it no secret there are costs involved and the school will have to be responsible because the City cannot. Rather than deny the request, he wanted to take action at the joint meeting. Councilmember Fogarty stated a new request would be required. She asked if it can be tabled and then change the request. Attorney Jamnik stated a request is not needed to order a feasibility report. The action tonight is you do not want to proceed based on the current request. Ifthe school wants to revise the request as part of the joint meeting, it is a non-written modification to the request. Councilmember McKnight stated the Council talked at length about wanting the road all the way to the border, so why not back up what was discussed and get this feasibility study going to the border and work out the financial issues with the school. He did not want to lose a couple days of work. Councilmember Wilson referred to the school's request that the scope of services would only entail south of 195th Street to Hwy 50. Ifthe City wants it north of 195th, it is up to the City. Staffhas identified the major engineering issue of paving Flagstaffto the border. He agreed with the need to do that. He does not want to stop the school, but if Council approves feasibility request as is, Council is saying it is okay to stop at 195th. Councilmember McKnight stated he was not saying to stop at 195th Street. Mayor Soderberg felt by tabling this they are not stopping work because they have a month of preliminary work to do. There is no question as to whether the feasibility study will go to 195th Street, that is what we all want. MOTION by Pritzlaff, second by Soderberg to table until April 6, 2005 at the Joint Council/School Board meeting. Voting for: Soderberg, Pritzlaff. Voting against: Fogarty, McKnight, Wilson. MOTION FAILED. MOTION by Fogarty, second by Wilson to deny the request for the feasibility study. Councilmember McKnight asked if this means we do not do the study at all. Councilmember Fogarty stated she wants it asked the way Council needs it asked. She wanted it re-worded. Voting for: Soderberg, Fogarty, Pritzlaff, Wilson. Voting against: McKnight. MOTION CARRIED. Council Minutes (Regular) April 4, 2005 Page 11 d) Waiver of Plat Request - 20210 Akin Road - Community Development Mr. Erick Wefel requested a waiver of plat for his property in order to split his lot into two lots. Staffhas been researching a different access for the new lot other than Akin Road. The property owner to the south, Mr. Murphy, was not willing to allow an access from his property. Councilmember Pritzlaff asked if approving a waiver of plat automatically gives access to Akin Road. Attorney Jamnik replied yes. The property to the south is owned by Mr. Murphy, but the City may have an easement for roadway purposes as a condition of future development. Staff does not have a proposal for the property south of the gravel road. Councilmember Pritzlaff stated 203rd is scheduled to go across Akin Road, south of Mr. Wefel's property. Ifthis happens, there would be a road farther back that goes to the left which would serve as an access to the homes in the back. With the lot split, there would be a house on the gravel road. Everyone would have to access that street to 203rd Street and then come to Akin Road, therefore eliminating the gravel road. Having another access on the turn lane will not work out. He felt there is future development planned that would warrant determining where the access for the property would be rather than allowing access to Akin Road. Staff stated Giles Properties has submitted a concept plan showing possible roads and lots in this area. The Planning Commission and Council have not taken any action on that portion. Most of their development will occur in the northern portion off of 195th Street. Any type of development in this area is conceptual. There is a private property owner that owns the property just to the south ofthe gravel road. To the south of that property is where 203rd Street will go through. If that occurs, that is the most logical access point for properties there now and for properties in the future. The Payne property and Mr. Wefel's property were discussed in the early stages of the discussions. The owner of the Payne property was interested in developing. Mr. Wefel's property is located within MUSA, the Payne property is not. When the original Payne property was discussed some ofthese access issues arose at that time. Councilmember Pritzlaff asked if the second lot could access the driveway used by the Payne property to the gravel road. Staff stated if the Payne property is sub- divided you have to provide access to the lots. The question is whether access is provided on a long-term basis by the gravel road or by an improved road or by a new road. Mr. Wefel's difficulty is all the options that exist for access are speculative. He has made it clear he would prefer to proceed with the sub- division of his lot now. Mr. Wefel's intention is to sell the lot to someone who will build on the lot. Mr. Erick Wefel, 20210 Akin Road, stated he is intending to sub-divide his parcel and sell it to anyone who wants to build a house and he wants access onto Akin Road. He has been over the easement issue numerous times. Mr. Murphy is not interested in interfering with his transaction with Giles Properties. That should be closing in late summer 2006. Councilmember Pritzlaff stated if Giles buys the property, the gravel road to the Payne property would be accessible. Mr. Wefel stated they discussed this with Mr. John Anderson, Giles Properties, and they Council Minutes (Regular) April 4, 2005 Page 12 could only grant him a temporary easement. Mr. Wefel was not interested in that. He was lead in this direction by staff and he has already had his survey done because he followed the advice of City staff. Councilmember Pritzlaffwas concerned that the driveway will be very close to the gravel road. Mr. Wefel stated according to Mr. Anderson that road will be a cul-de-sac so that access will not be there. New houses have been built along Akin with an access to Akin Road. Councilmember Pritzlaffwas concerned with the safety aspect. Mr. Wefel stated he has gone over these issues so many times he is past frustrated. Councilmember Wilson thanked the property owner for coming and was comfortable with approving the lot split. Councilmember Fogarty asked if the driveway could share an access. Mr. Wefel replied not with the way the split has been done. Councilmember Pritzlaff asked if there could be a driveway behind the spruce trees and turn right off Mr. Wefel's driveway. Mr. Wefel wanted it totally separate from his lot, he did not want an easement. Mayor Soderberg stated eventually the gravel road will go away and that will solve the issue. 203rd Street has been identified as an east-west connection that has been a concern. With 203rd Street continuing to the east from Akin Road, he has seen plans that align it with the existing 203rd Street which would work with some concepts Giles Properties are proposing that will facilitate eliminating the gravel road. Mayor Soderberg understood Mr. Wefel has been working on this for two years. If Council approves a lot split, he has to have an access. Councilmember Pritzlaff asked if Mr. Wefel would consider a temporary access offhis driveway until203rd Street is extended. Mr. Wefel stated there are too many uncertainties. Mr. Wefel felt it was comparable to other driveways. MOTION by McKnight, second by Wilson to approve the waiver of plat located at 20210 Akin Road, splitting the existing lot into two lots. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember McKnight: Reminded everyone the planning for Rambling River Days continues and it is planned for June 24-26, 2005. If anyone is interested in volunteering or for donating, the business owners will be receiving letters, residents can contact City Hall for volunteering. He suggested staff send the checklist for the feasibility study for Flagstaff to the school prior to the meeting on Wednesday. Council agreed. He attended the Rambling River Center Open House and viewed their exercise equipment. They also have their new chairs and they are very nice. Council Minutes (Regular) April 4, 2005 Page 13 Councilmember Pritzlaff: He attended the LMC State of the Cities Conference and it was very interesting. He obtained copies ofthe powerpoint presentation for the rest of Council. He and City Administrator Urbia met with Senator Pariseau and Rep. Garofalo. City Administrator Urbia: Reminded Council ofthe Council/School Board meeting on April 6, 2005. April 9, 2005 is the Home and Garden Show. April 13, 2005 is the ALF Board meeting at 4:30. April 14, 2005 is the NDC Chamber Luncheon Awards. City Administrator Urbia and Councilmembers Pritzlaff and Wilson will be attending the awards luncheon. Mayor Soderberg: Attended the Chamber's Business After Hours at Bugaloo' s and there was good representation from Farmington as well as other members from the Northern Dakota County Chamber. There was a ribbon cutting today for the fitness center at the Rambling River Center. A gentleman who heard about the fitness center and has some knowledge and background in physical training has volunteered to give instruction on the equipment. Council recessed at 8:56 p.m. and reconvened into Executive Session at 9:05 p.m. 14. EXECUTIVE SESSION - City Administrator Performance Review 15. ADJOURN Respectfully submitted, ~)r?d~ Cynthia Muller Executive Assistant