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HomeMy WebLinkAbout09.20.04 Council Minutes COUNCIL MINUTES REGULAR September 20, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Fogarty, Soderberg Cordes, Fitch 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; Jim Atkinson, Assistant City Planner; Tina Schwanz, Planning Intern; Cynthia Muller, Executive Assistant David McKnight, Mike Zitek, Chad Rognlie, Anthony Pena, Mike Helgestad, Dale Aukee, David Pritzlaff 4. APPROVE AGENDA City Administrator Urbia added the following supplemental items: lOb) A revised Encroachment and Maintenance Agreement between the City and Farmington Lanes. lla) Great River Energy Power Line Routing Options - Community Development lIb) Consider Authorizing 208th Street to TH3 Feasibility Report - Engineering 12a) Farmington/Castle Rock Joint Planning Board - Community Development Councilmember Soderberg pulled 7m) Preliminary Tanker Truck Inspection - Fire Department for discussion. Councilmember Fogarty pulled item 7a) Council Minutes 9/7/04 Regular to abstain. MOTION by Soderberg, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. s. ANNOUNCEMENTS 6. CITIZEN COMMENTS Mr. Dick Graelish, 1020 3rd Street, donated a U.S. Flag to the City. 7. CONSENT AGENDA MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows: b) Received Information Parks and Recreation Commission Minutes - Parks and Recreation Council Minutes (Regular) September 20,2004 Page 2 c) Received Information Capital Outlay - Parks d) Approved On-Sale Beer License New Moon Buffet - Administration e) Approved Appointment Recommendation Solid Waste - Human Resources f) Adopted RESOLUTION R72-04 Scheduling Assessment Hearing Main Street Project - Engineering g) Approved School and Conference - Fire Department h) Adopted RESOLUTION R73-04 Calling G.O. Water Revenue Bonds of 1997 and G.O. Improvement Bonds of 1997 - Finance i) Received Information August 2004 Financial Report - Finance j) Adopted RESOLUTION R74-04 Scheduling Project Hearing Spruce Street Extension Project - Engineering k) Approved Extension of Fire Wise Dry Hydrant Grant - Administration I) Approved Application for Fire Prevention Grant - Fire Department n) Adopted ORDINANCE 004-518 Zoning Map Amendment - Rezone Property from A-I to R-I- Parkview Ponds - Community Development 0) Approved Bills APIF, MOTION CARRIED. a) MOTION by Soderberg, second by Ristow to approve Council Minutes (9/7/04 Regular). Voting for: Ristow, Soderberg. Abstain: Fogarty. MOTION CARRIED. m) Preliminary Tanker Truck Inspection - Fire Department Councilmember Soderberg understood the tanker was ready for inspection and there were four members going on the inspection. He asked why there were four people going for the inspection. Fire Chief Kuchera stated there were four people that went to the factory to inspect the pumper truck. Developing the specifications for the tanker truck was a very difficult task. This was done over two years. The bids were rejected the first time as they came in too high. The goal of the committee was to put together a vehicle that would carry as much water as it could with the money they had. They were successful in doing this. Not only is this a tanker, it is also a pumper. It is a vacuum type tank where water can be removed from various waterways in the townships they serve. Every committee member would welcome having the truck come here before painting for inspection, but that will not happen. They expect this truck to be used for 20 years. They need to have the expertise of four people to review the truck. They are going to the factory only once due to the budget. They have communicated by phone, fax, and e-mail. The cost of the trip is $1400. The original estimate was $1000 more. They were able to obtain reduced rates on airfare. Councilmember Soderberg stated he wanted to be consistent with the number of people going. MOTION by Fogarty, second by Soderberg approving the preliminary tanker truck inspection. APIF, MOTION CARRIED. Mayor Ristow noted the four members are donating their time to go on the inspection. Council Minutes (Regular) September 20, 2004 Page 3 8. PUBLIC HEARINGS a) Approve On-Sale Wine License New Moon Buffet - Administration New Moon Buffett has submitted an application for an On-Sale Wine License. All forms and fees have been received. MOTION by Fogarty, second by Soderberg to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty approving an On-Sale Wine License for New Moon Buffet, Inc. APIF, MOTION CARRIED. b) Approve Conditional Use Permit Garvey/Empey Properties - Community Development Mr. Colin Garvey and Ms. Judith Empey have applied for a conditional use permit to begin grading on properties in Castle Rock Township. The properties are south ofHwy 50 and east ofHwy 3. The annexation process for these properties has begun. There are several conditions listed with the permit: I. The CUP will not be effective and no grading shall occur until the entire annexation process has been completed. 2. The applicant must obtain final City approval of the rough grading plan from the City Engineer. 3. The applicant must pay any applicable fees and surety in an amount approved by the Director of Public Works, and comply with any other reasonable conditions imposed by the Director of Public Works. 4. All excavation and grading activities must be consistent with plans submitted to and approved by the Director of Public Works. 5. The applicant assumes all risk involved with grading a site before final plat and street and utility plan approval. Any changes to the grading of a site, including any corresponding costs necessitated by the resolution of any design issues identified during the approval process for the final plat and street and utility construction plans, are the sole responsibility of the applicant. MOTION by Soderberg, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Soderberg approving the Conditional Use Permit to allow excavating/grading to begin on the Garvey/Empey properties with the above conditions. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Award Rescue Truck - Fire Department There were four bids received. The committee determined that E-ONE Manufacturing met and in a number of areas exceeded the bid specs and had the lowest bid amount. MOTION by Soderberg, second by Fogarty awarding the bid for the rescue truck to E-ONE Manufacturing. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Tamarack Ridge Carriage Homes Solid Waste Inquiry - Administration There was a request from the management of Tamarack Ridge Carriage Homes to opt out of solid waste collection. Staff provided a range of options, but Council Minutes (Regular) September 20, 2004 Page 4 recommended against opting out of solid waste collection by the City. Council agreed with staff's recommendation. b) Consider Maintenance Agreement - Farmington Lanes - Engineering City Attorney Jamnik stated Council had approved a special installation to allow angle parking in front of Farmington Lanes. An Encroachment and Maintenance Agreement has been drafted. The agreement combines the assessment agreement and waiver ofthe assessment for the improvement and cost of the special installation at the beginning of the agreement, as well as clarifies under what conditions the special installation would be removed and the street restored to the normal design standards. It locks down the assessment, guarantees the payment of the cost of the special installation in accordance with Council's previous actions, and specifies there is a maintenance agreement that requires the property owner to maintain the boulevard area and provides for the City to enter and maintain it and charge it back to the owner in the eventuality they do not do that. It will run with the land and future property owners. MOTION by Soderberg, second by Fogarty to approve the Encroachment and Maintenance Agreement with Farmington Lanes. APIF, MOTION CARRIED. c) Approve Change Order Southeast Area Utility Trunk Project - Engineering This change order would allow for the City to be covered in the case remaining negotiations with Castle Rock Bank would not be accomplished this fall. Staff wanted to have this approved in case it is needed. It is not in effect until it is signed. The cost to the City for remobilization and dewatering costs would be in the amount of $50,000. The City would then explore options regarding the acquisition of the property. The change order would require the utilities be done by June 1,2005. MOTION by Fogarty, second by Soderberg to approve, contingent on the failure to reach an agreement with Castle Rock Bank, Change Order #1 for the Southeast Area Trunk Utility and Pond Improvements in the amount of $50,000. APIF, MOTION CARRIED. d) Comprehensive Plan Amendment Regarding Existing and Proposed Park, Trail and Open Space Plan Map - Parks and Recreation Staff has reviewed the map based on MUSA allocations. There have been additional trails added in the Garvey/Empey properties and also a four-acre park. In the Devney/Winkler property staff proposes extending the trail around the periphery of the properties and tie the trails into the prairie waterway and into the Bristol Square development. A park will be located on both parcels. On the Murphy property trails are shown around the periphery of the property, crossing through the middle of the development and additional parkland. The final property is the Cahil1/Rother property. A trail is shown around the periphery of the property along with a three-acre park. A trail is also shown along the west side of Denmark Avenue. City Attorney J amnik stated this item requires 2/3 vote of the entire Council. As two Councilmembers were absent, the vote on this item had to be tabled to the Council Minutes (Regular) September 20, 2004 Page 5 next Council Meeting. MOTION by Fogarty, second by Soderberg to table this item and item 10f) Approve Thoroughfare Plan to the October 4, 2004 Council Meeting. APIF, MOTION CARRIED. e) Amend Section 10-6-4 of the Zoning Code to Include Commercial Vehicle Parking on Private Property in Residential Districts - Community Development Staffhas received complaints regarding commercial vehicles parking on private property in residential districts. There is a class I and a class 2 vehicle. The class I vehicles are vehicles with a gross vehicle weight rating of more than 18,000 lbs. The class 2 vehicles are all vehicles other than class 1 vehicles. Any vehicles over 18,000 Ibs will not be allowed to park any time day or night on a driveway in a residential district. There is a provision for allowing vehicles performing a service such as landscaping. This ordinance will give the police the ability to resolve these complaints. Councilmember Soderberg asked if 100% opaque for screening has been more thoroughly defined. He also noted the ordinance stated commercial vehicles shall not be parked within 150 ft. of a neighboring residential unit. If there is a 2.5 acre lot, you would have to park the truck in the middle. He felt this eliminates the provision to park in a 2.5 acre lot. If someone were to build with a minimum setback of 6-1 0 ft. from the lot line, it could push your requirement to the other side of the lot and take away your right to park. Staff stated the intention was if there were special circumstances to allow someone to park their vehicle on their property if they had a larger lot. Mr. Elsmer Hoeppner, 27 Walnut Street, stated the parking on the street is the biggest concern. His neighbor's truck is so high you cannot see over it. He fixes it and washes it in the street because his driveway is so small. Ifhis neighbor can still park in the street, he will do that because he does it 90% of the time. The truck is leased from a company in Lakeville and Mr. Hoeppner feels that is where the truck should be kept. Staff replied this ordinance would prohibit him from parking in the driveway, and if they cannot park on the street from 2 a.m. - 5 a.m. he might find another place to put it. Mr. Anthony Pena, 18906 Embry Avenue, stated several times a year there are motorcoaches in town that are fairly big and as it stands now you can get a permit to park. Will that still be allowed? You can park a semi-tractor trailer if it will not be there more than 48 hours. Staff replied that falls under the police ordinance. A vehicle under 15,000 lbs can apply to the police department if it is not to be parked for more than 3 days. The permit can only be issued with the written consent of adj acent property owners. Police Chief Siebenaler stated that pertains to on-street parking. This ordinance does not address on-street parking. Nothing will be changed as far as the authorized police permit. On-street parking is covered under separate ordinance. This covers parking in the driveway only. If Council Minutes (Regular) September 20, 2004 Page 6 it is licensed as a commercial vehicle, it would be restricted from parking on private property. Most motorhomes are not issued as commercial vehicles. Mr. David Pritzlaff, 20255 Akin Road, stated unless the on-street ordinance can be added to this, this will not help Mr. Hoeppner. He suggested adding on-street parking to this ordinance. Streets are not big enough for semi-parking. Community Development Director Carroll stated there is a notice issue involved. The notice did not include on-street parking. That change could be made at a later time. MOTION by Soderberg, second by Fogarty to adopt ORDINANCE 004-519 amending Title 10, Chapters 2 and 6 of the Farmington City Code, concerning off-street parking of commercial vehicles. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Great River Energy Power Line Routing Options - Community Development Great River Energy, Xcel Energy, and others are planning on putting in new power lines in the FarmingtonlEmpire area. The EQB will have to make the final decision on the routing permit. There were some alternatives suggested for a portion of the route. The original proposal from GRE was to come in from the east and go between the American Legion and the bus garage and continue up Hwy 3 and across the Rother property. Mr. Rother had the right to submit alternative routes to the EQB, which he did to see if the line across his property could be moved elsewhere. Staff proposed running the line along the railroad right-of-way down to Hwy 3 and then north. Mr. Rother proposed that instead of going north along Hwy 3, that the line continue to follow the railroad right-of-way to the west and go through the commercial district. He submitted two different concept plans. The line would come in from Hwy 3, go along the north line of the Dakota County Lumber Company, go down to Pine Street then across the parking lot of the Eagles Club, across the railroad tracks, between Pellicci Hardware and Econo Foods, go into the parkland and cross the river. Great River Energy has looked at this and decided some components would not work. They discussed modifying one of Mr. Rother's alternatives. Staff feels there would be a problem with the portion going through Pellicci Hardware and Econo Foods. Staffwas not certain about Council's position for the portion east of the railroad tracks going to Hwy3. Staffhas discussed this with Mr. Dale Aukee, of Great River Energy/Xcel, whether what has been proposed could be modified. Staff felt there would be less opposition if it went behind Pellicci' s which would move it along Pine Street, and avoid the Eagle's Club. Ifit follows Pine Street, to the railroad tracks, it could go straight west, have a new river crossing and hook up with the other proposal, or it could cut to the north. The two advantages are option 1 would address a problem with children coming from the middle school and walking along the railroad tracks and crossing the river. Staff indicated to Great River if they had to do some clearing for a line staff asked if they would allow for a trail to be installed Council Minutes (Regular) September 20, 2004 Page 7 along the cleared area and a bridge for pedestrian access across the river. They said a trail could be installed underneath the cleared area. They did not indicate they would be willing to pay for a bridge, but would be willing to talk about it. Staff asked Council how they felt about the idea of not going up Hwy 3 and across the Rother property, and instead going down the railroad alignment, crossing the railroad tracks and having some sort of connection across the river to the school district property and then west to Akin Road. Mayor Ristow did not like it. It takes in more residential and park area. He would like to keep it out of the residential area. The Rother property is currently farm land and as it is developed, they could see the power lines are there. Councilmember Soderberg did not like the southern route and agreed with Mayor Ristow. Councilmember Fogarty agreed it made sense to put the lines through an area that is not developed. City Administrator Urbia suggested Great River Energy have a meeting with affected residents prior to the hearing. Mr. Dale Aukee, Great River Energy, stated land owners have not been notified at this point. The application contains a list of alternatives to the original route. On Friday, the alternative routes will be assessed by the EQB. Their report will have a feasibility portion and a comment portion. People along the routes will be notified by a letter from Great River Energy. The alternative routes have been on the EQB website for two months. The EQB will assess the alternatives and this will lead to a determination of the route. An Administrative Law Judge will hold a public hearing. The judge will have 30 days to present the findings and then make a recommendation based on the findings and the proposed routes. This recommendation will be given to the EQB. The EQB staffwill then present it to the EQB board. The City's comment will be taken into account in the final determination. The right-of-way needed for the line would be 70 ft, 35 ft. on either side of the line. There is a span of 350-400 ft. between poles. Councilmember Soderberg stated his preference would be the route up Hwy 3 and then west through the Rother property and along Akin Road. He did not like running the line through the commercial area. Staffwill submit a letter to the EQB preferring the original Great River Energy route as modified by the City which proposed running the line down the railroad right-of-way to Hwy 3, west through the Rother property, to Akin Road. b) Consider Authorizing 20Stb Street to TH3 Feasibility Report - Engineering The estimated cost for the feasibility report is $27,650 which would be funded from the Road and Bridge fund. Staff also received a letter from Jerry Rother and Kay Cahill in support of the feasibility report. Councilmember Soderberg stated he still has difficulty on going forward with a feasibility study on a property where the land owners are not sure what they want to do. If they were unanimous on their decision to come into the City, he would not have a problem. There is obviously a split between the land owners. This property was included in the MUSA review. Councilmember Fogarty also wanted to have a unanimous Council Minutes (Regular) September 20, 2004 Page 8 decision from the land owners. Staff noted the land owners do not want to make a decision about annexation until they know what the cost will be and how it will be shared. After further discussion, Councilmember Fogarty stated she could see where the information obtained from this study would be useful on many levels. MOTION by Fogarty, second by Ristow adopting RESOLUTION R7S-04 authorizing the preparation of a feasibility report for the extension of 208th Street to Trunk Highway 3. Councilmember Soderberg stated this would easier if the land owners were in agreement one way or the other. If the feasibility study is done and it is time to move forward with the road, will this Council or any other Council start an aggressive annexation process and eminent domain process to complete this project. That is another tough question, but that is the direction this points us. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Farmington/Castle Rock Joint Planning Board - Community Development At a previous meeting Council discussed beginning a series of meetings with Castle Rock representatives. Castle Rock has designated two of their Town Board members to serve on the committee and will also appoint a Planning Commission member from the township. Representing the City would be Community Development Director Carroll and City Engineer. A representative from the Planning Commission will also be appointed and staff suggested a Councilmember should also be on the committee. MOTION by Soderberg, second by Ristow to nominate Councilmember Fogarty to the Joint Farmington/Castle Rock Planning Board. Voting for: Ristow and Soderberg. Abstain: Fogarty. MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Tuesday, September 21, will be the kick-off for the Community Center Steering Committee and encourage people to come. Councilmember Soderberg: The Farmington Lions and Rotary had a sporting clay shoot. It was a great event and a lot of people attended. St. Michaels held their fall festival and a new church in town had a festival. Anchor Bank held a celebration for 110 years. He congratulated all those organizations. Parks and Recreation Director Distad: Meetings are currently being held with the consultant for the community center. There were 14 interviews with various organizations today and there will be 12 more tomorrow with the consultant. City Engineer Mann: As far as the Main Street project, utilities are completed on the west side and they are approaching completion of utilities on the east side. There are 5-7 crews on the job. Council Minutes (Regular) Septernber20,2004 Page 9 Mayor Ristow: Noticed there is a large catch based lying along Ash Street by 4th Street. Staffwill follow-up. 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 9:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~:~fr7~~ (// Cynthia Muller Executive Assistant