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HomeMy WebLinkAbout07.07.03 Council Minutes COUNCIL MINUTES REGULAR July 7, 2003 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: Ristow, Cordes, Fogarty, Soderberg Fitch Joel Jamnik, City Attorney; Dan Siebenaler, Interim City Administrator/Police Chief; 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 Randy Pedersen, David Pritzlaff, Jeff Krueger, Paul Hardt, Randy Oswald Audience: 4. APPROVE AGENDA Councilmember Cordes pulled the June 23, 2003 Special Minutes to abstain from voting. Councilmember Soderberg pulled the June 16, 2003 Regular Minutes to make a clarification. MOTION by Fogarty, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Marilyn Speiker Marilyn Speiker retired from the position of Custodian effective August 17,2003. She was acknowledged for 27 years of service. b) Distinguished Budget Presentation Award The city has received the Distinguished Budget Presentation Award for the last SIX years. 6. CITIZEN COMMENTS a) Mr. Paul Hardt Mr. Paul Hardt, 1117 Bristol Lane, stated one of the best leadership mottos he ever heard was "Praise in public, reprimand in private." He has been volunteering for 40 years for various community projects. He wanted to compliment the staff Council Minutes (Regular) July 7,2003 Page 2 and in particular Community Development Director Kevin Carroll. As a member ofthe Housing and Redevelopment Authority, Mr. Hardt has seen first hand Community Development Director Carroll's professionalism and creativity. His presentations are clear, balanced, and help the HRA to do their job fairly and efficiently. He also complimented City Attorney Joel Jamnik, and Attorney Andrea Poehler for offering sound advice and clear thinking. Mr. Hardt stated it is a pleasure serving on the HRA with support like this. Mr. Dave Pritzlaff, 20255 Akin Road, asked Mayor Ristow and Councilmember Cordes to respond back to him in writing by the July 21,2003 Council Meeting ifthere are any additional people on their agenda and who the next person will be they will terminate and if there is such a list. His next question was for Councilmember Fitch stating knowing he would be on the Council for approximately 20 months, why would he agree to be appointed and to be part of ruining someone's professional and personal life? Mr. Pritzlaff stated it does not seem to him that someone should come in and be able to take in facts within such a short amount oftime and be able to ruin someone's life. According to Mr. Pritzlaff, Councilmember Fitch has stated previously he did not want politics and does not like it. Mr. Pritzlaff does not feel it was appropriate for Councilmember Fitch to step in just to be part of getting rid of someone. He would like Councilmember Fitch to also respond in writing before the July 21,2003 Council Meeting. 7. CONSENT AGENDA Councilmember Soderberg wanted to make a clarification on the June 16,2003 Council Minutes on page 4, the minutes should read "Our fire department receives a training beyond the scope of ALF Ambulance's ability." Councilmember Fogarty thanked Executive Assistant Muller for completing the July 3, 2003 Special Council Minutes over the holiday weekend. MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (6/16/03 Regular) (7/3/03 Special) b) Received Information Parks and Recreation Commission Minutes - Parks and Recreation c) Approved School and Conference - Parks and Recreation d) Approved School and Conference - Parks and Recreation e) Approved Park Name for Tamarack Ridge -Parks and Recreation f) Received Information Capital Outlay - Fire Department g) Approved Deduct Change Order - Main Street Project - Engineering h) Approved DNR License - Main Street Project - Engineering i) Approved Bills APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty to approve June 23, 2003 Special Council Minutes. Voting for: Ristow, Fogarty, Soderberg. Abstain: Cordes. MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes (Regular) July 7, 2003 Page 3 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Dahlco Vending Agreement - Parks and Recreation Staff requested Council approve a Vending Agreement with Dahlco Music and Vending. Proposals were received from Coke, Pepsi, and Dahlco. Dahlco could provide the best proposal and can sell both Coke and Pepsi products. There is a clause in the agreement where if Dahlco misses a payment it is an automatic out for the city. There is also a clause for Dahlco to provide state of the art vending and an item regarding service ofthe machines. MOTION by Cordes, second by Soderberg to approve the following: - The five-year exclusive beverage vending agreement with Dahlco. - Approve the purchase and installation of a new scoreboard at the ice arena and pay these costs from the proceeds received from Dahlco. - Approve the remaining proceeds, after the scoreboard has been paid off, be directed to the Park Improvement Fund. APIF, MOTION CARRIED. b) Approve Parks and Recreation Facilities Task Force Consultant - Parks and Recreation Staff requested Council approve hiring Ingraham and Associates to work with the Recreational Facilities Task Force to develop a written report in regards to recreational facilities in the city. Several firms were reviewed and Ingraham and Associates provided the best proposal. MOTION by Fogarty, second by Cordes to approve the hiring of Ingraham and Associates to work with the Recreational Facilities Task Force. APIF, MOTION CARRIED. c) Adopt Resolution - Preliminary and Final Plat Lot 1, Industrial Park 2nd Addition - Community Development The parcel is 9.37 acres and is the only remaining HRA-owned parcel in the Industrial Park. There is a pipeline easement running through the lot at an angle. This has made the lot difficult to sell. Staff recommended dividing the parcel into three lots, using the pipeline easement as the border for the lots, as has been done previously. At an April 30, 2003 joint Council/Planning Commission/HRA meeting, staff received consent to have the property surveyed. The Planning Commission has recommended approval ofthe plat. There is a future road that would run north and south along the eastern boundary oflot 3. For now access to this lot would be from 208th Street. Lot sizes are 2.5 to 3 acres. There has been significant amount of interest in lots of this size. Councilmember Cordes stated she is not opposed to the splitting of the parcel. She asked if it would make sense to keep the options open if someone were to look for a bigger area to start development at one end as opposed to the middle? Council Minutes (Regular) July 7, 2003 Page 4 She asked if the daycare could be located in lot 3, and keep lots 1 and 2 open if someone were looking for a bigger area? Staff replied Ms. Karrmann liked the access off208th Street. Staffhad discussed lot 1 with Ms. Karrmann, but it is a more regular shaped lot which would be more suitable for a more conventional industrial type business. Therefore, staff recommended lot 2 for the daycare. It is an irregular shaped lot, but would be suitable for daycare use. It is anticipated lot 3 would be sold to someone who does not mind being off 208th Street and is not concerned about not having access to the east. Staff feels lots 1 and 2 will be sold first, and lot 3 would be sold later. Councilmember Cordes stated with the splitting ofthese lots, will the lots be open to the public, and would those proposals be considered? Staff replied yes, they are looking at some now. A purchase agreement has been brought in for lot 1, which technically does not exist until Council approval. There has been ongoing contact with Ms. Karrmann for lot 2. The HRA has entered into an agreement to work with them exclusively with the possible acquisition of lot 2. This was a 60 day agreement. If a deal is not reached within that time the HRA would have the option of extending it or negotiating with other parties. Councilmember Cordes asked ifthat would constitute a formal agreement for a lot that does not exist? Staff stated it is an agreement to talk with them exclusively about that area. The conceptual plan has existed for a couple months. Staff has been talking with Ms. Karrmann about the area shown as lot 2 and also talking with other parties about the area shown as lot 1. All these discussions are tentative and hinge on Council action. Nothing has been finalized with anyone. If Council approves the plat, the plat will be signed, taken to the county for filing and at some point, the HRA will have the legal authority to talk with parties about buying these lots. Attorney Jamnik stated the HRA can move forward contingent on the filing. Mayor Ristow asked if someone wanted to buy all three lots, is that an option? Are we looking to have different types of businesses? Attorney Jamnik stated at least until the HRA agreement with Ms. Karrmann expired, the HRA would not have the authority to offer all three lots. Ifthat deal fell through, the HRA would own all three lots and can market them individually or collectively. If the plat is approved, and the HRA starts entertaining offers for individual lots, the HRA will deal with that however they want. The HRA was of the opinion that offers have not been received for the entire area and the best chance for selling all the lots would be to do the lot split. Councilmember Soderberg stated the HRA entered into an exclusive agreement in the anticipation that a lot split would not be problematic. They also entered into an exclusive agreement with Vinge Tile and Stone in the anticipation of a development agreement with the two lots along Hwy 50. This is an agreement between the HRA and the proposed developers to deal with them on an exclusive basis so they do not put a lot oftime and effort into a project that could be bought out from under them at the last minute. Council Minutes (Regular) July 7, 2003 Page 5 Mayor Ristow asked if 208th Street will be a collector if connected and would there be a problem with the intersection to the north and the entrances? City Engineer Mann replied the Traffic Engineer has looked at the lots and the location ofthe future north-south route that would connect with 208th Street. The issue has been resolved in his mind, as staff will be moving that road as far to the east as possible. He does not have any issues with the layout of the lots. Mayor Ristow asked if the 600 ft. setback from the intersection would be required? City Engineer Mann replied the physical proximity of the creek and other issues make the 600 ft setback difficult if not impossible. The Traffic Engineer felt it was adequate based on the circumstances. Councilmember Soderberg stated at the Planning Commission it was discussed that any access from 208th Street would be temporary and any purchaser would be made aware of that in advance. Once the north-south road is attached, their entrance would come from the east. Councilmember Fogarty asked if the HRA was prepared to approve a variance on the 100 ft front until the north-south road is created? Staff replied typically 150 ft is required, and the HRA did grant a variance for 100 ft. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R43-03 approving the preliminary and final plat for the replat of Lot 2 Block 1 ofthe Farmington Industrial Park Phase II addition. APIF, MOTION CARRIED. d) Proposed Resolution in Support of Metropolitan Council Livable Communities Act Demonstration Account - Community Development Staff received a $40,000 opportunity grant from the Met Council to be used for development of the Spruce Street Corridor. On July 16,2003 there will be ajoint City Council/Planning Commission/Spruce Street Corridor Area Task Force meeting to discuss a preliminary draft of a master plan for development ofthe area. Spruce Street will be extended from the T intersection at Denmark, across the river, to a future connection with Pilot Knob Road. The developers are asking when Spruce Street will be extended, etc. Staff has reviewed the Met Council's Demonstration Grant Program. One of the purposes for the opportunity grant is to help cities develop Master Plans that can then be developed in the future. Staff has compiled a grant application and obtained cost estimates. A grant has been requested in the amount of$1,597,000. The grant was submitted the end of June and is currently being reviewed. A resolution is required to show there is Council approval for the grant application. The final decision whether or not the grant will be issued will be made December 10,2003. The money will be used for the cost of extending Spruce Street to the river, building a bridge over the river, and then extending Spruce Street into the heart of the development area to connect to a north-south road which would connect with Hwy 50 to the north. The Met Council has received 36 applications totaling $48 million and there is $8 million available to award. The average request is $1.3 million per application. Council Minutes (Regular) July 7, 2003 Page 6 Last year the Met Council awarded 12 development grants in the total amount of $8.2 million. Staffhas discussed this grant with some ofthe property owners, particularly the Knutsen's and their developer, New Century. Councilmember Cordes asked if consideration was given to communities who had not received grant money in the past few years? Staff replied that is not an official criteria, but it is possibly an informal criteria. An advantage the city has is that the Met Council and the legislature have decided that a certain percentage ofthe money would go to developing communities. Councilmember Fogarty asked if when estimating the cost of the bridge and this project, is this the concept staffwas working with? Staff replied the figures reflect a standard bridge, but there was a separate section for enhancements. The design work will be done later, but staffhopes it will not be a standard bridge. Councilmember Fogarty asked with the opportunity grant for the master plan, was that a matching grant? Staff replied yes, but this grant is not a matching grant. Councilmember Fogarty stated it is a very well-written grant. Councilmember Soderberg asked if we receive the grant, are we bound to do the project? He was looking at the total cost ofthe project and trying to balance that with other projects. Staff stated the total infrastructure cost for this project is well over $6 million. Staff envisioned that expense being spread out over a period of time. The first phase would be to extend Spruce Street to the north-south road and get the bridge built. There might not be more infrastructure needed at that time. Ifthe grant is awarded, the city is not obligated to do anything, the city can turn down the grant. The grant could possibly be held for 9 months to 1 year. MOTION by Fogarty, second by Soderberg adopting RESOLUTION R44-03 authorizing application for a Development Grant through the Livable Communities Demonstration Program. APIF, MOTION CARRIED. e) Quarterly Building Report - Community Development In the second quarter of2003 the city issued building permits for 72 single-family homes and 50 townhouse units for a total of 121 new housing units. The average building valuation of the single-family homes was $192,206, and for townhomes was $150,620. The population as of June 30, 2003 is 17,477. t) Ordinance Amending Title 5, Chapter 5 Regarding the Sale, Possession, and Use of Consumer Fireworks and Resolution Amending Fee Schedule _ Community Development This ordinance is to become compliant with the State Law regarding the amount of permit fee allowed and the enforcement ofthe sale and use of fireworks. For establishments with mixed sales the fee will be $100, for establishments that sell fireworks only the fee will be $350. Councilmember Soderberg requested that in Council Minutes (Regular) July 7,2003 Page 7 the future, the language that is being changed should be shown on the ordinance. MOTION by Cordes, second by Soderberg to adopt ORDINANCE 003-491 amending Title 5, Chapter 5 of the City Code regarding the sale, possession, and use of consumer fireworks. APIF, MOTION CARRIED. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R45-03 amending the 2003 Fee Schedule. APIF, MOTION CARRIED. g) Adopt Ordinance - Fire Code - Community Development 1306 authorizes optional provisions for sprinkling occupancies that normally would not be sprinkled. During the workshop it was discussed to provide sprinklers in new construction as well as buildings that may be going through a change in use. If an owner were to buy a business that is operating as the same business, the use is not changed, so sprinklers would not be required. If the owner were to close a business and establish a new type of business, that may require it to be sprinkled. Councilmember Fogarty was in favor of adding this to the code due to all the new commercial construction that will be coming. Mayor Ristow noted the Chamber had not received any comments from it's members. Staff talked with Mr. Mike Burville, Chair of the Chamber's Community Development Committee. He was given copies of all the material the Council received at the last meeting. The Chamber sent a fax to it's members letting them know this was being considered and asking for questions or comments. No one commented in favor or against the revision. Mayor Ristow stated he talked to a Chamber member today, and they were unaware of it. He agreed with subpart 3, but does not agree with the occupancy change. Ifsomeone sells a building, and a new person comes in, it may restrict them from being able to put something in the building if it does not meet code. Fire Marshal Powers stated depending on the size and type of occupancy. Most buildings in the downtown do not have the square footage to require sprinklers even with an occupancy change. Councilmember Cordes asked if someone were to buy a building to put in a bar/restaurant would sprinklers be required? Staff replied bar/restaurants are unusual, it may not need sprinkling. Mayor Ristow stated it may not, but it may, was the problem before. It was too restrictive last time and people could not afford it. Fire Marshal Powers stated they are looking at a 2,000 sq. ft. minimum and most downtown buildings are less than that. Dueber's would be large enough if they were to change to a bar/restaurant. Mayor Ristow stated previously people could not afford the rent because it was so high to pay for the sprinklers. Fire Marshal Powers replied that is why we did not go with the retroactive option. We did not want to be restrictive or impose a hardship on existing business owners. Mayor Ristow asked if the change of occupancy provision needed to be in the ordinance? Attorney Jamnik replied there is no option to remove it. The revisions take care of some of the building permits issued to existing buildings and make it only applicable to new buildings, but they did put the occupancy changes into a classification the same as a new building or addition to an existing building. There is a better appeal process in the new rules at the Department of Administration and Fire Marshal's office. One of the issues Council Minutes (Regular) July 7,2003 Page 8 is there is now an awareness of the application of those rules and a better understanding of what the impacts are. If a new tenant presents a reduced occupancy rating, they will not be required to have a sprinkler. There has not been much criticism of new buildings. It is the surprise they get when they fill a vacancy, have a tenant and remodeling concept in mind that is estimated at X dollars, and because ofthe higher occupancy, you have to have it sprinkled. The approach might be to have better education. Fire Marshal Powers stated staff is not in the business to create a hardship, we are trying to provide safety for the businesses and the firefighters. Weare not looking at trying to force businesses to not come to Farmington. Weare trying to encourage them to come here and create an atmosphere where they will be here for a long time. Mayor Ristow stated we are trying to be business friendly. Fire Marshal Powers stated 1306 applied the right way is business friendly. Councilmember Soderberg asked when talking about change of occupancy, we are talking strictly about a change of classification of occupancy, not a change of tenant A vacates and tenant B moves in. A change of occupancy in the fire code means an office turns into a daycare. Those are the types of things that mayor may not trigger the sprinklers. Attorney J amnik stated the Council can reserve their right at a later date to repeal the section as it did previously. Councilmember Soderberg stated when we run across those situations where it is a hardship, staffwill work with the owners by perhaps phasing it in to make it feasible. MOTION by Soderberg, second by Cordes adopting ORDINANCE 003-492 adopting Chapter 1306 ofthe Minnesota State Building Code with the recommended options. APIF, MOTION CARRIED. h) Adopt Ordinance - Zoning Code Text Amendment - Camping; Garage/Yard Sales; Setbacks Along Minor Arterials; and Zoning Officer Designation - Community Development In May 2002 the zoning code was revised and it has been discovered a few things were inadvertently omitted. Staff would now like to put those items back in the code. The first one has to do with recreational camping. Previously the code read, "No person shall be allowed to camp overnight in a recreational vehicle for three consecutive nights without first obtaining a permit from the Zoning Administrator. Such vehicles will not be permitted to connect to the City sanitary sewer or water system." The amended language reads, "No person shall be allowed to camp overnight in a recreational vehicle without first obtaining a permit from the Zoning Officer. A permit shall be allowed for no more than three consecutive nights of overnight camping within a residential or agricultural district only. Such vehicles will not be permitted to connect to the City sanitary Council Minutes (Regular) July 7,2003 Page 9 sewer; but may connect to City water." In the past a warning has been issued and the visitor advised as to how they can get a permit. Permits are available at the Police Department. This allows the officers to know that someone will be parked on the street that is not normally there, so a ticket will not be issued. The second issue was garage/yard sales. The text remains the same which reads, "Unless otherwise regulated, garage and yard sales within residential districts shall be limited to no more than 3 garage or yard sales per year, lasting no more than 3 consecutive days." The next issue was regarding minimum front yard setbacks adjacent to minor arterial streets. The text remains the same and requires that there be a minimum front yard setback adjacent to minor arterial streets such as CSAH 50, Pilot Knob Road, 195th Street, and TH 3 except in the downtown area of the City in Section 31. The last issue was regarding the Zoning Officer designation in the code. The code previously indicated the Planning Coordinator be the Zoning Officer. That title has been changed to City Planner. Section 1-7-3 (k) will be deleted from the code. This section indicated the City Administrator shall act as the Zoning Officer. MOTION by Fogarty, second by Cordes to adopt ORDINANCE 003-493 amending Section 10-6-25, Camping; adopt ORDINANCE 003-494 amending Section 10-6-26, Garage/Yard Sales; adopt ORDINANCE 003-495 amending Section 10-4-1 (1), Minimum Front Yard Setback Adjacent to Minor Arterial Streets; adopt ORDINANCE 003-496 amending Section 10-3-1, Zoning Officer and delete Section 1-7-3 (k). APIF, MOTION CARRIED. i) Council Discussion on Hiring Process for New City Administrator Mayor Ristow suggested this be discussed at the July 16, 2003 workshop. Councilmember Soderberg stated past practice has been that a search firm has been hired. There may have been some dissatisfaction with the last search firm, but he did not think it would be proper for the Human Resources Director to be screening applications for her own boss. He felt it would be in the city's interest, although it involves expense, to proceed as in the past. Councilmember Cordes stated there are search firms you can hire, and create your own process. Mayor Ristow suggested we could have staff get a list of firms. Councilmember Fogarty felt they should not wait a week to discuss this. She agreed, that having the Human Resources Director screen applications is not a great idea. A search firm would be able to help Council widen the range of applicants. Council instructed staff to obtain a list of search firms prior to the July 16 workshop. Interim City Administrator Siebenaler cautioned that using a search firm would take about six months. He stated if Council elected to use the in-house HR resources, and if Council set the criteria for minimum qualifications, the Human Resources Director would be able to go through the list and provide Council with a list of Council Minutes (Regular) July 7, 2003 Page 10 qualified applicants. In recognizing the concerns raised, it would be the Council's decision to take those qualified applicants and narrow it down to a list of finalists. In that scenario, the Human Resources Director would not be selecting a candidate only providing Council with a list by your established criteria. If Council does want to go with a search firm, staff will provide Council with a list of those types of firms and recommendations. Councilmember Fogarty stated if Council establishes the criteria, she would be comfortable with having the Human Resources Director do that, but she is concerned Council may not be able to agree on the criteria. Councilmember Cordes stated the criteria would be established before the ads were published. Interim City Administrator Siebenaler stated the qualifications are not the subjective opinion of Council. They would be an objective group of criteria such as education, training, experience, extra curricular involvement, etc, as opposed to management style and more subjective criteria. Mayor Ristow stated in the past the search firm interviewed each Councilmember to obtain the criteria. Staff will provide whatever information Council would like. Councilmember Soderberg asked if the minimum criteria was available that was used previously. Human Resources Director Wendlandt stated the previous profiles are available which contains a list of minimum qualifications and job duties. She expected Council would want to review that whether a search firm is used or not. She is willing to assist Councilor provide a list of search firms. Councilmember Fogarty asked if a search firm would be able to find applicants that Human Resources might not be able to. Staff stated they would do things similar to a search firm, such as contacting ICMA, which has publications and lists, a direct mailing could be done to cities in the region, staff could place an ad in different publications and newspapers. Staff would not have the capability of knowing someone who is looking that would be a good fit for Farmington. A search firm would have that capability. One of the advantages a search firm would have would be a list of candidates from out-of-state. If that is important, then staff would suggest using a search firm. If that broad of a search is not that essential, then the process could be done in-house. Councilmember Soderberg felt the larger the pool the greater the chances of getting an excellent candidate. He would like to think about this, and have staff prepare a list of search firms that could be used as well as have the profile available to Council that was used last time. He recognized the interest in finding a replacement as soon as possible. His initial feeling is that he would prefer a search firm. Staff will provide a list of search firms and a copy of the profile prior to the July 16 workshop. This will be discussed at the July 16 workshop. It is important to find a firm that will specialize in municipal government. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council Minutes (Regular) July 7,2003 Page 11 Councilmember Soderberg: He noted in the Star Tribune there are designs for the state quarter. There are two entries from Farmington. Both are very good. He wished them the best ofluck in the state's search. Councilmember Fogarty: She wanted to make a clarification regarding the Special Council Meeting of July 3. The City Attorney did not tell any member ofthe Council to not speak to another Councilmember. The audience was given the impression that the City Attorney had told Councilmember Fitch not to give her any information. City Attorney Jamnik did not do that. Some people left the meeting wondering whether or not there was complete support for Police Chief Siebenaler. Councilmember Fogarty completely supports him serving in the Interim position. She could not have picked anyone better. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:50 p.m. APIF, MOTION CARRIED. Respectfully submitted, L~,.~cL, 7Y7~ 7 Cynthia Muller Executive Assistant