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HomeMy WebLinkAbout04.18.05 Council Minutes COUNCIL MINUTES PRE-MEETING April 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 Andrea Poehler, 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 2. APPROVE AGENDA MOTION by Wilson, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember McKnight pulled item 7g) March 2005 Financial Report to receive comments from staff. Mayor Soderberg pulled item 71) approve Easement Acquisition - Ash Street Project. He asked if the City is still within budget and staff replied we are. There are 3 or 4 easement acquisitions left to receive out of 40. He will ask Council to reconsider minutes already approved from March 24 to read it costs $3 million to pave Flagstaff from 195th Street to the border, and the March 21 minutes under Roundtable, the policy committee should read PSAP. City Administrator Urbia added supplemental items 7p) Resolution Calling for Public Hearing on Issuance of Bonds and Capital Improvement Plan, and 7q) 2005 Leadership Retreat Executive Summary Additions. Community Development Director Carroll provided Council with background information on future building permits. Council Minutes (Pre-Meeting) April 18, 2005 Page 2 5. STAFF COMMENTS Staff reviewed the Centex plat as there are concerns with the solid waste pick up. In order to pick up the garbage on both sides of the roads between the townhomes the garbage trucks would have had to back up twice. Staff proposed having the garbage cans placed on the right side ofthe street, which would call for one back up movement. There are three turn-around areas where the trucks could use guest parking to turn around. There was a concern as to what would happen if there were cars parked there. After receiving concerns about trucks backing up, staff developed an alternative to install concrete pads along the main street. Garbage cans would be taken to these pads on garbage days and the trucks would pick them up from there. This will eliminate all of the backing movements except for one, where they could back in to a guest parking area to turn around. The developer would place a sign in the guest parking stating no parking on trash day. Council suggested installing sidewalks to pads that are a long distance away to prevent walking in the street. Staffhas informed the developer that tOwnhome buyers need to be informed of this issue. Councilmember Pritzlaffhad concerns with safety, setting precedent and being unfair to owners to have all garbage on one side. The homeowners association could hire someone to take the cans to the pads. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?ri~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR April 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 Andrea Poehler, 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 Kris Akin, Sarah Miller, Dreamcatchers 4-H Club, Erik Starkman, Nancy Anderson, Michael and Laura Pierce, Kari Brown, David Hoffineister, Monique Beal, Beverly Preece 4. APPROVE AGENDA Councilmember McKnight pulled 7 g) March 2005 Financial Report for staff comments. City Administrator Urbia added 7p) Resolution Calling for a Public Hearing on Issuance of Bonds and Capital Improvement Plan and 7 q) 2005 Leadership Retreat Executive Summary Additions. Police Chief Siebenaler added an addendum to item 5c) Swearing-In Police Officer. Mayor Soderberg added item llc) Reconsider March 21 and March 24,2005 Minutes. The reconsideration was to correct some typographical errors. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Adopt Resolution - Accept Donation Dakota Dreamcatcher's 4H Club - Parks and Recreation The 4H Club did a fundraising project for the Rambling River Center to raise money for 150 chairs. Their goal was to raise $9,000 prior to March 27,2005. They raised $13,118.25 which purchased 150 chairs, 6 computers and 1 printer for the Rambling River Center. The remaining money, $1,003.16 will go to the Rambling River Center. Rambling River Center Coordinator Missie Kohlbeck presented the club with a plaque in appreciation of the club's efforts. Mayor Soderberg noted there are 12 families represented in this club with a total of 18 Council Minutes (Regular) Apri118,2005 Page 2 members ranging in age from 5-16 years old. This is an amazing accomplishment and he thanked the club for demonstrating how all of us can make life better for everyone else with just a little effort. The club received thank you's from the entire Council. There will be a chair dedication on May 9,2005 from 3:30 - 5:30 at the Rambling River Center. MOTION by Fogarty, second by Pritzlaff adopting RESOLUTION R36-05 Accepting Donation Dakota Dreamcatcher's 4H-Club. APIF, MOTION CARRIED. b) ALF Ambulance 2004 Annual Report - ALF Ambulance Mr. Tom Kelly, ALF Ambulance presented the 2004 Annual Report. ALF was created 19 years ago. They cover Apple Valley, Lakeville, Farmington and three townships. Farmington is staffed 10 hours/day, 7 days/week. c) Swearing-In Police Officer - Administration Mr. Travis Sundvall was sworn-in as a new Police Officer. City Administrator Urbia administered the Oath of Office. Police Chief Siebenaler stated Travis Apple is a Cub Scout and entered the pinewood derby competition. The Police Chief saw his entry on the internet. He built an imitation of a Farmington Police car. The police department was flattered by what Travis has done. In appreciation Police Chief Siebenaler presented Travis with a shoulder patch and a pin. d) Proclaim Earth Day - Parks and Recreation MOTION by Pritzlaff' second by Wilson to proclaim April 22, 2005 as Earth Day. APIF, MOTION CARRIED. e) Proclaim Arbor Day - Parks and Recreation MOTION by McKnight, second by Fogarty to proclaim April 29, 2005 as Arbor Day. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS Mr. David Hoffmeister, 19605 Everest Path, stated the Charleswood Addition will be holding their second annual garage sale on Thursday - Saturday. They have 44 homes participating in the garage sale. Residents made some permanent signs to advertise the sale and showed them to Council. They had two sizes of signs. Ms. Monique Beal, spoke with staff about the sign ordinance. Their original size was 4 ft. tall and they reduced the sign to 3 ft. They wanted a nice-looking sign. They had 10 signs to locate throughout the City. Ms. Beal suggested the City issue permits for events like this. It brings a lot of traffic into Farmington. They wanted the Council to approve the signs or advise of any changes. Mayor Soderberg stated this would need to be placed on an agenda for discussion. Ms. Beal stated the sale is this weekend. They wanted to use these signs for this sale. They Council Minutes (Regular) April 18, 2005 Page 3 collected money from people in the association to pay for the signs. Council could not take any action as this was not an agenda item. Councilmember Wilson noted the garage sale sign regulation is in the code stating garage sale signs on private property not to exceed 2 sq. ft. in size and to be removed the same day. a) Response to Mr. John Ristow - Engineering Staff sent Mr. Ristow a response to comments made by his attorney at the last meeting. b) Response to Mr. Bill Fitch - Finance Staff sent Mr. Fitch a response to his comments at the last meeting. 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (4/4/05 Regular) (4/6/05 Special) b) Received Information Parks and Recreation Commission Minutes - Parks and Recreation c) Approved Temporary 3.2 On-Sale Beer License - Administration d) Approved School and Conference - Administration e) Received Information Customer Service Response Report - Administration f) Approved School and Conference - Fire Department h) Approved Appointment Recommendation Solid Waste - Human Resources i) Received Information City Hall Summer Hours - Human Resources j) Adopted RESOLUTION R37-05 Accepting Donation - Parks and Recreation k) Adopted RESOLUTION R38-05 Accepting Donation - Parks and Recreation I) Approved Easement Acquisition - Ash Street Project - Engineering m) Approved T -Mobile Antenna Lease - Engineering n) Received Information First Quarter Building Permit Report - Community Development 0) Approved Bills p) Adopted RESOLUTION R39-05 Calling for Public Hearing on Issuance of Bonds and Capital Improvement Plan - Finance q) Received Information 2005 Leadership-Planning-Team Building Retreat Executive Summary Additions - Administration APIF, MOTION CARRIED. g) March 2005 Financial Report - Finance The general fund budget is dominated by tax dollars which the City has yet to receive. Year-to-date the City has taken in roughly 4% of the general fund budget as compared to 8% last year when fines, building permit revenues and intergovernmental revenues were higher percentages than they are currently. Tax dollars are received in July and December. The City counts on cash flow from other pooled cash sources to pay bills over time until the tax dollars are received. It has been a slow first quarter for building permits. There are a number of plats Council Minutes (Regular) April 18, 2005 Page 4 and development contracts on-line. Expenditures are at 22.4% for the first quarter vs. 22.3% last year. The city can be on task for expenditures, but if revenues do not come in as planned, that is where a shortfall could occur. Finance Director Roland explained why some departments are above the 25%. Some ofthis is due to up front costs and training seminars. Transfers are on course at 25%. Transfers are made to supplement revenues in other funds. Some positions that were scheduled to be hired at the beginning of the year have not been hired. Council has not made some capital outlay purchases. Staff is very conscious of the money they are spending and are holding off on anything that is not necessary. Staff did a very significant shift in the 2005 budget when they shifted the revenue to taxes. In 2004 staff budgeted interest revenue at $320,000. That has been reduced by $100,000. That shifts percentages significantly. Staffwill not count on building permit revenues to carry the City through the year. They will count on tax revenue. Other revenues are performing at a reasonably expected level. MOTION by McKnight, second by Fogarty to approve the March 2005 Financial Report. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Order Feasibility Report 195th Street Extension to Hwy 3 -Engineering Newland Communities has submitted a petition for the City to initiate a feasibility study for the extension of 195th Street to TH3. Staff has met with the county to discuss capital improvement projects. Staff stated they would like to see this project move forward, however the county indicated they do not have the funding to program this for 2006. They did acknowledge there is an agreement between the City and the county that they would participate in this project ifit were to be extended to TH3. If the county did not have the funding an agreement would be prepared to allow them to participate after the fact. The estimated cost for the feasibility report is $25,000 - $30,000. Without the feasibility report completed, and knowing the numbers and environmental and design impacts, it is difficult to plan the Seed-Genstar property. Mayor Soderberg asked ifthe legal issues have been resolved. He did not want to spend money that would be tied up because of legal issues. Ms. Krista Fleming, Newland Communities, stated the legal issues are progressing very well, however they have not been finalized but they are optimistic. They need to keep moving forward. The developer has also sent a letter to staff requesting discussions on potential annexations for the next EFP AC meeting. They want to know how to go Council Minutes (Regular) April 18, 2005 Page 5 about it and the process used. The developer has the consent ofthe land owner to move forward. They plan to start development in 2006. MOTION by Fogarty, second by Pritzlaffto adopt RESOLUTION R40-05 ordering a feasibility report for the Extension of 195th Street to Highway 3. APIF, MOTION CARRIED. b) Adopt Resolution - Charleswood Crossing Final Plat - Community Development The area is located west of Pilot Knob Road and south of 195th Street. The plat consists of 43 single-family lots and 108 multi-family units on 62.98 acres. In November 2004 the Council approved a PUD to allow the developer to construct 56 ft.-wide single family homes. There will be a front yard setback of25 ft. and side yard setbacks of7.5 ft. The townhomes will consist of 12 buildings with 8- 10 units per building. The developer proposes one access from the development on 195th Street and two accesses onto Pilot Knob Road. There is a cul-de-sac with a 45 ft. radius, it needs to be shown as a 50 ft. radius. Regarding the waste disposal, residents on one side of the street would have to set their garbage across the street so the garbage trucks would have to make just one back-up movement. Council was concerned with this, so staff proposed installing pads in certain areas along the main street where residents would bring their garbage cans to on garbage day. In one location, the garbage truck would have to back up into a guest parking area to turn around. Contingencies include: 1. All engineering issues shall be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division shall be required. 2. All requirements from the Parks and Recreation Department and Solid Waste Division shall be met. 3. Comments from the Dakota County Plat Commission shall be met. 4. Execution of a Development Contract between the Developer and the City and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Councilmember Pritzlaff suggested placing a pad along Escalade Way with a sidewalk leading to it. This would eliminate the truck backing up into the guest parking. Councilmember Fogarty noted there are no sidewalks along the private streets. Residents will have to take the cans into the street and walk in the street to the pads. She felt it will be a terrible nuisance in the winter. Mayor Soderberg agreed it becomes a long walk and they need to consider public safety. He does not like the idea of trucks backing up and this does prevent that. It will be included in the Development Contract that the developer inform the homeowners association of the garbage situation. MOTION by Pritzlaff, second Council Minutes (Regular) April 18, 2005 Page 6 by McKnight to adopt RESOLUTION R41-05 approving and authorizing signing of the final plat for Charleswood Crossing with the above contingencies and contingent on placing a pad on Escalade Way to eliminate the trucks backing up. APIF, MOTION CARRIED. Council discussed extending the private street out to the main street. Staff cannot require the developer to extend the private street, but they could encourage him to do so. The no parking sign in the guest parking would go away ifthe truck does not need to back up. c) Adopt Resolution and Ordinance Amending Comprehensive Plan and Rezoning - K&K Auto Ranch - Community Development This is located on the corner of Ash Street and 8th Street. Mr. Janssen will be required to move the vehicles parked along Ash Street. At times his accesses on Ash Street and 8th Street will be closed. In 2004 Mr. Janssen combined three lots. Two of the lots are B-1 and shown as business in the comp plan. The lot to the north is R-2 and has a low-medium density designation. In order to move the cars to the north lot, it needs to be rezoned and the comp plan needs to be amended. In 2003 Mr. Janssen requested to have the zoning changed, but it was denied because of the drainage problem with the neighbors behind his business. Mr. Janssen proposes to pay for the construction of installing the storm sewer along 8th Street in front of his business and into the middle ofthe lots. If this is approved, a CUP will be required under B-1 for auto sales. This would be discussed at the Planning Commission meeting. The City can draft a Waiver of Right to Object to Assessment for the storm water improvement. Mr. Janssen will have to agree to be assessed for the cost ofthe storm water project. Attorney Poehler stated this would be appropriate to do with the CUP. The storm sewer cost is included in the Ash Street project and Mr. Janssen is aware ofthe cost. The neighbors were concerned that any improvement of the north lot would block drainage from their lots. The storm sewer design along 8th Street would allow Mr. Janssen to also run a line into the lots to alleviate drainage from the neighbors' lots. Councilmember Fogarty asked if the garage is still on the lot and is the driveway non-compliant. Staffwill be addressing this with the CUP. Community Development Director Carroll was uncertain as to Mr. Janssen's plans as far as the garage. A garage is an accessory structure and he may be inclined to leave it at this time. Mayor Soderberg did not have a problem with the garage. Staff asked if Council wanted to direct staffto discuss with Mr. Janssen the potential removal of the garage and that Council's collective preference would be that it be removed when he does other improvements to the property. Council agreed with this and staffwill obtain more information from Mr. Janssen as to his plans for the garage. Staff noted paving the north lot will not happen quickly. Mayor Soderberg stated with the lot not being paved it becomes a non-compliant circumstance. He did not want it left as a gravel parking lot from which cars are sold for 15 years and the storm sewer does not get built for 15 years. Staff assured Council this will not happen. Council Minutes (Regular) April 18, 2005 Page 7 MOTION by Pritzlaff, second by Wilson to adopt RESOLUTION R42-05 approving the Comprehensive Plan Amendment for the northern portion of 1024 8th Street from low/medium residential to business and adopt ORDINANCE 005- 528 approving a rezoning for the northern portion of 1024 8th Street from R-2 to B-1. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Wetland Buffer Issue - Engineering On January 19, 2005 Council held a workshop to discuss an issue with wetland buffers on various properties. Previously, wetland buffers were allowed on private properties. The lots were platted with drainage and utility easements, but as the county does not allow buffer easements to be placed on plats there was no indication that there were buffers on those lots. Residents have expressed concern with having significant areas ofthe back yards containing buffers. Since then, the City has changed the ordinance to require that buffers be included in outlots and not on private property. The solution from the workshop was a compromise. On most lots there is a lO-ft. rear-yard drainage and utility easement. Some ofthese easements were up to 40 ft. deep to encompass the buffers. The proposal was to reduce the width of the buffers on all ofthe properties to 10 ft. which would equal the typical drainage and utility easement at the back ofthe lot. Staff surveyed the affected residents as to whether they would like to have the buffer reduced to 10 ft. or whether they would prefer to keep the buffer as is. 44 surveys were sent and 36 have been returned. Four owners were in favor of keeping the buffer as is and 32 owners were in favor of reducing the buffer to 10 ft. If the Council approves reducing the buffer to 10ft. the Council needs to decide whether the City would vacate the portions ofthe existing drainage and utility easements that were originally platted to encompass the buffers larger than the 10 ft easement. Ifthe easements are vacated staff recommended receiving a conservation easement over the 10ft buffer so there would be documentation for the future that there are buffers on the property. Future buyers would have the opportunity to review the title work that would indicate the conservation easements. The second issue would be for Council to decide if this should be applied across the board or for those residents preferring the wider buffer would the City allow them to keep the easement, or would the City vacate the easement to be 10ft wide and allow the property owner to do what they wish beyond that. If the easements are vacated it would involve staff time and a surveyor would need to write up the legal descriptions. Councilmember Wilson asked how the City manages the wetland buffers now. City Engineer Mann replied staff needs to ensure the buffers are not encroached into. Owners are not allowed to mow the buffer. Staffhas done burns, reseeding, and replanting. Councilmember Pritzlaff asked about who the surveys were sent to. The surveys were sent to Charleswood and Middle Creek. For those that want to leave the buffer as is, if the property was sold, would Council have to deal with it at that time, or would it be better to vacate all of the easements. Staff did not Council Minutes (Regular) April 18, 2005 Page 8 know if those property owners would want to do that. Councilmember Pritzlaff would prefer to see the easements across the board. Staff felt there is an advantage to that as far as enforcement. Mayor Soderberg asked about the process for the City to do a blanket vacation. Attorney Poehler replied she was not sure ifthe City would want to do a blanket vacation. She suggested dividing the City up into parcels and then work with the residents in the areas to obtain a conservation easement and then do a vacation once the City has the conservation easement for that area. Councilmember Wilson felt this was a reasonable idea, however he was uncomfortable asking a homeowner to vacate a portion oftheir property which they believed was useable. Mayor Soderberg explained they are vacating the 30- 40 ft. buffer so residents will be allowed to use more of their property and in exchange, obtain a conservation easement so the City still maintains some protection for the wetland. Councilmember Wilson was not comfortable with changing the use ofthe land for the owner. He wanted the owner to have the additional 1 0 ft. as mowable area. Mr. Michael Pierce, 5137 203rd Street W, noted staff did not say three surveys requested all of their property back, and regarding the four who said they wanted the buffer to stay the same, there were also some that swayed the other way. Mayor Soderberg asked about the depth of his lot. Mr. Pierce stated it is 110ft. The Mayor then asked about the depth of the wetland buffer. Mr. Pierce stated 25 ft. He has 20 ft. as a useable back yard with the buffer in place, however, their deck is 13 ft., so he has 7 ft. for a backyard. With the change in the buffer he would have an additional 15 ft. of use able space in his backyard. Councilmember Wilson understood the markers for the buffer were placed after the homeowner purchased the property. To vacate the buffers is a reasonable idea, but he would prefer to allow the owners to use their entire lot. In other words, going beyond vacating the buffer. Mr. Pierce stated ifthe conservation easement is obtained from homeowners, now that their lot has been graded to the stakes, they need to replace the area with prairie grass, but there is a chance the City will burn off 10 ft. along the backyards on occasion? That would concern the homeowners. Mr. Pierce noted the City suggested they would take a strip of homes and ask them to sign off on the conservation easement and then vacate the property. Some owners will still have the question as to what the City will do with that 10ft. Mayor Soderberg noted as it is today that land is still a wetland buffer. The land is unuseable and would be managed by the City to protect the wetland. That is the idea behind the wetland buffer - to protect the wetland. Council is trying to reach a compromise to protect the wetland and to allow the owners more useable space. He understood it is frustrating but grading back to the stakes is a violation ofthe ordinance. Mr. Pierce noted all ofthe homes in their area were graded back to the stakes. When he signs off on the conservation easement, the question will still be does the City have the opportunity to do what Council Minutes (Regular) April 18, 2005 Page 9 they want with the materials he puts in the buffer. City Engineer Mann stated it has not been decided who will restore the buffer. It might make more sense for the City to do it to have consistency with the vegetation. Mayor Soderberg asked if the owners have any recourse against the builders for grading to the back of the property. Staff replied the time and cost involved would not be worthwhile vs. the cost to plant native materials. Councilmember McKnight felt vacating down to the 10ft. is the best solution. The agencies have given some by allowing just 10ft because the City is so dedicated to preserving wetlands. Mayor Soderberg noted the Attorney has suggested working with each home owner to sign off on the conservation easement before vacating the easements and Mayor Soderberg agreed that is what should be done. b) Flagstaff Avenue Traffic Study - Engineering At the April 6, 2005 special meeting Council directed staff to initiate a traffic study on Flagstaff Avenue due to the proposed high school. The cost is $4,700. This does not include any further meetings and the end result would be a report from the traffic engineer. If traffic counts are needed, City staffwill do that portion. Staff received information earlier tonight from the school district that they are planning on doing their own traffic study. If Council has a modification to their direction to staff, staff would need to know that. Mayor Soderberg noted the school is going to do their own traffic study and yet two of them said duplication of efforts was a waste of taxpayer dollars. City Administrator Urbia stated he attended the school's planning meeting. There were other issues discussed at that meeting that concerned staff as to how the school is proceeding. The school will consider this at their board meeting on April 25, 2005. Staff suggested arranging a meeting with the school. The school is also talking about doing their own feasibility study. This is not how things are normally done. There are things that will lead to duplication. There are a lot of technical issues in the feasibility study where the City Engineer would be needed. Mayor Soderberg asked ifit was unclear at the joint meeting that even if the school went ahead on their own with the feasibility study, it would still have to be reviewed by the City Engineer and they would have to pay for that. Council felt it was very clear. The school asked if there is an ordinance requiring the City Engineer do the work. In the end, the Council makes the decision. Attorney Poehler stated there is not an ordinance specifying that. It is part of the City's process in reviewing a development of any sort, that the City has the ability to require the work be done to support the City's review. The City has the ability to ensure it coincides with the City's specifications when it comes to public improvements. By statute, the City Engineer is required to do the feasibility report or another entity at the direction of the Council. Council suggested giving the school a copy of the statute. City Administrator Urbia felt there is a lack of understanding by the school. Mayor Soderberg recalled it was stated several times during that meeting. Attorney Poehler got the impression the school does Council Minutes (Regular) April 18, 2005 Page 10 not believe the City has the authority to make those requirements. City Administrator Urbia suggested a meeting with two Councilmembers, two board members and City and school staff. Attorney Poehler will obtain a copy of the statute. The school will consider the traffic study and the feasibility study at their board meeting on April 25, 2005. Councilmember Wilson recalled the school board requested the traffic study and they seemed agreeable to have the City do this. He recommended staff not proceed with doing the traffic study from the City's end. It is ridiculous to spend $4700 oftaxpayer money twice. Councilmember McKnight suggested waiting a week until the school took some action and Council had a chance to meet with them. City Engineer Mann believed the City has the authority to ensure that any connection made to the City system is done to City standards. Any connection to the sewer, water, street system is done to City standards. There are different ways for the City to ensure that. One way with developers is when a subdivision is built the developer is allowed to build all ofthe infrastructure. It is reviewed and inspected and ensured to be built to City standards by the City Engineer. As far as a traffic study, if the school does a traffic study and the City does not do their own, in order for the school district's traffic study to be validated it will have to be reviewed and somewhat more strongly analyzed by the City's traffic engineer to ensure it is objective and meets the City's standards. Any work the school does, opens the possibility to duplication of efforts on the City's infrastructure. Councilmember Pritzlaff asked if the school does a traffic study would the cost of the City to review it be less or would it incur the same cost reviewing the school's. Staff replied that is hard to project, we do not know who they would hire, what form it would be in, and what the parameters would be relative to the parameters the City has looked at. Councilmember Pritzlaff confirmed the school is under the understanding they would pay for the traffic study and the feasibility study. Councilmember Fogarty replied not the traffic study as that was ordered by Council. Staff noted it has been the City's policy that development pays for itself. The school would have to pay for the City's time to review the school's traffic study. Councilmember Pritzlaff noted at the last Council meeting, Council said the survey crew would be out there for just a couple days and it would not be a problem. That was with the understanding the feasibility study would be ordered on Wednesday. He had a problem with that now as they do not know what will happen out there. Councilmember Pritzlaff suggested pulling the survey crew. Mayor Soderberg asked if the school has made any formal request to determine what they need to develop. City Engineer Mann stated it has been discussed, but nothing has been in writing. The Mayor stated the City is trying to facilitate the school's timeline and issues keep coming up. He agreed with Councilmembers Fogarty and Wilson to pull this entirely, pull the survey crew and when the school makes a formal proper request for the feasibility study then we can move forward and if it screws up their timeline, it is their problem. The timeline is not Council's issue it is their issue. Council Minutes (Regular) April 18, 2005 Page 11 Councilmember Fogarty stated it may save the City $5,000 but as a taxpayer it is not a wise way to spend taxpayer dollars to duplicate this information. It is the taxpayer's money the school is spending. City Administrator Urbia stated the school could not take formal action at their planning meeting, but they would at their board meeting. As far as the feasibility study, the option the school recommended is to proceed with its own site and infrastructure study as it pertains only to the school project. The City could continue their work with their engineer to acquire information over and above the school project. Once the district's work is completed it would be part of the application for the Conditional Use Permit. To have one firm do the school project and another look at the oversizing, the information may not match up. Staffwould need further information to understand the scope of the school's project. Councilmember Pritzlaff stated the school left the joint meeting with the understanding that the City would do the traffic study. He asked if Council felt it would be appropriate, without notice to the school, to say the City will not do the traffic study because of this information. Mayor Soderberg felt the City could send the school a letter. Councilmember McKnight stated Council could direct staff not to do anything until either after a meeting this week or until the school takes official action next week. He would like to meet with the school to know their reasoning. Councilmember Pritzlaff then asked about allowing the survey crew to continue working. City Administrator Urbia stated the school said they would not duplicate the survey work being done. Mayor Soderberg stated that work needs to be done as part of the feasibility study. Councilmember Fogarty suggested waiting until the next meeting, and if the school goes ahead with the traffic study, then withdraw the direction to staff at the next meeting. MOTION by McKnight, second by Fogarty to direct staffto set up a meeting with the school board and/or school staff to discuss the potential issue of the school district doing their own traffic study and staff can make a decision if this can start based on that meeting and potential action of the school board next week. APIF, MOTION CARRIED. c) Reconsider March 21 and March 24, 2005 Minutes - Council In the March 21, 2005 minutes, under Roundtable the policy committee should read PSAP. The March 24, 2005 minutes should read, staff estimated it would cost $3 million to pave Flagstaff from 195th Street to the border. MOTION by Wilson, second by Pritzlaff to reconsider the March 21, 2005 and March 24, 2005 minutes. APIF, MOTION CARRIED. MOTION by Fogarty, second by McKnight to approve the March 21,2005 and March 24,2005 minutes. APIF, MOTION CARRIED. Council Minutes (Regular) April 18, 2005 Page 12 12. NEWBUSINESS a) Adopt Resolution - Debt Management Policy - Finance This resolution was to adopt a formal debt management policy as recommended by Moody's. An established debt policy sets forth the parameters for issuing debt and for managing that debt portfolio. This ensures the government maintains a sound debt position and its credit quality is protected. The resolution outlines the steps the City currently takes. MOTION by Wilson, second by Pritzlaff adopting RESOLUTION R43-05 establishing a debt management policy. APIF, MOTION CARRIED. b) Notice of Summons and Complaint Angus Property - Finance This is a notification to Council that the City has received a notice of summons and complaint for the Alyn Angus property. The City is pursuing all appropriate avenues to respond to this notice including a consultation with Dakota County Environmental Management Department. 13. COUNCIL ROUNDTABLE Councilmember McKnight: He attended the Home and Garden Show and was impressed by the number of local businesses and the number of people attending. Councilmember Wilson: He also attended the Home and Garden Show and was very impressed with everything. He congratulated the Farmington Independent for their Chamber of Commerce award. As we enter into spring and summer and children are riding bikes, he encouraged drivers to slow down when driving through neighborhoods. Councilmember Pritzlaff: He attended the Chamber awards luncheon and congratulated the Farmington Independent for their award. He also attended the House Transportation Finance Committee meeting with City Administrator Urbia. On Saturday he attended the Boy Scout Troup 119 steak fry. He attended Congressman John Kline's Town Hall meeting in Lakeville and brought back information for Council. City Administrator Urbia: Coffee with the Council will be held Thursday. Councilmembers McKnight and Fogarty are scheduled to attend. As a follow-up to the House Transportation Finance Committee meeting he e-mailed information to the residents that attended the Council Workshop. The legislature spoke in favor of the bill with the 8-year phasing-in. Apple Valley will be implementing the permits for transit station parking on June 18,2005. Parks and Recreation Director Distad: The Arbor Day Celebration will be Friday, April 29 at Meadowview Park at 10:00 a.m. The Earth and Arbor Day celebration will be Saturday, April 30 at Rambling River Park from 12:00 - 2:00 p.m. Park and Rec is finishing the feasibility study for the community center and it will be presented to Council on May 2, 2005. Council Minutes (Regular) April 18, 2005 Page 13 City Engineer Mann: Pond Clean-up Day is April 30, 2005. Mayor Soderberg: He attended an Eagle Scout Court of Honor for Troop 118 for Thomas Engrave. Only 4% of those that enter scouting make it to Eagle Scout. 4.78% of Troop 118 since they started have made Eagle Scout and in the last 20 years 7% of all their scouts have made Eagle Scout. He attended the Dakota County Historical Society's presentation on Farmington during the Civil War. He also attended the Town Hall meeting with Congressman Kline. On May 9, 2005 there will be a chair dedication at the Rambling River Center. Council recessed at 10:08 p.m. and reconvened in Executive Session at 10:15 p.m. 14. EXECUTIVE SESSION - City Administrator Review Follow-up 15. ADJOURN Respectfully submitted, <~7 :J ~4cC )77e-<-Z~ / ./. ~. Cynthia Muller Executive Assistant