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HomeMy WebLinkAbout07.21.03 Council Minutes COUNCIL MINUTES REGULAR July 21, 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: Audience: Ristow, Cordes, Fitch, Fogarty, Soderberg None Joel Jamnik, City Attorney; Dan Siebenaler, Interim City AdministratorlPolice 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; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant Brian Wellman, Beverly Preece, David Pritzlaff, Bob Curtis, Jim Schmitz, Mike Olson, Charlie Weber, Missie Kohlbeck, Michelle Leonard, Aaron Tinklenberg 4. APPROVE AGENDA Councilmember Fitch pulled item 7a) Council Minutes 7/7/03 Regular to abstain from voting. InterimCity Administrator Siebenaler pulled item lOe) Ash Street Project Update to add a letter from Mr. Colin Garvey. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS Mr. Larry White, of Grand Projects, builder for Just Kidding Around Daycare, thanked Council and staff for seeing the process through. It was lengthy due to a new material that had not been used in the city before. He wanted to clarify a comment from an earlier meeting regarding some of the technical information they supplied for the product. That information was not available at the time of the April 30 workshop. A decision was made by staff at that meeting to declare it was non-conforming. The following week the technical information was supplied to the City Attorney and staff. He felt it might be helpful to the development community to have a mechanism in the ordinance that allows for new materials that come in. It would be helpful to have something in place that Council Minutes (Regular) July 21,2003 Page 2 would give a developer an opportunity to go through a check list or process to get new products approved without causing the issue to be bounced back and forth between meetings. a) Mr. Dave Pritzlaff, 20255 Akin Road Council did respond to Mr. Pritzlaff's comments from the previous Council Meeting. Mr. Pritzlaff stated he had not received a response from Councilmember Cordes, but he had not checked his mail today. Councilmember Cordes stated she e-mailed a response to him and a response was mailed on Thursday. Mr. Pritzlaff stated he received a response from Mayor Ristow stating that he is not aware of any list so consequently the answer to Mr. Pritzlaff's question is zero. Mr. Pritzlaff asked Mayor Ristow ifhe should take it that Mayor Ristow does not have a list to terminate any other city staff? Mayor Ristow stated that is your opinion you are the one that stated it, I didn't. Mr. Pritzlaff stated he is reading the letter. Mayor Ristow replied you are the one that promoted that I had a list. I am just responding back. Mr. Pritzlaffwas wondering how he should interpret the letter. The letter says, "so consequently the answer to part two of your question is zero." Mr. Pritzlaff asked again if that means Mayor Ristow does not have a list and no agenda to get rid of anyone else? Mayor Ristow replied as he told Mr. Pritzlaff from the beginning he is not aware of any list. Mr. Pritzlaff stated so we can take that as no. Mayor Ristow replied you can take that any way you want. Take it as you read it. Mr. Pritzlaff stated he would hate to misinterpret this when it comes up in the future. Mr. Pritzlaffthen stated he received a response from Councilmember Fitch stating, "You are certainly welcome to interpret things the way you perceive them. If it is about a certain recent event, I do not feel comfortable discussing the question because of agreements in place. As far as politics goes, I do not believe in playing politics and prefer telling things the way they are." Mr. Pritzlaff stated Councilmember Fitch told everyone in the city he did not have the time for politics and did not want to be on the Council again. Mr. Pritzlaff stated Councilmember Fitch is playing politics, by getting on the Council for 15 months. There are a lot of ways this can be taken. Mr. Pritzlaff also noted there are culverts sitting along Akin Road which were left over from the Akin Road culvert project. He would like to see those removed. 7. CONSENT AGENDA Interim City Administrator Siebenaler pulled item 7f) Capital Outlay - Fire Department, to remove a paragraph from the specifications. MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows: b) Received Information School and Conference - Human Resources c) Received Information School and Conference - Finance d) Received Information School and Conference - Public Works e) Received Information Capital Outlay - Information Technology Council Minutes (Regular) July 21,2003 Page 3 g) Approved Amendment Dakota County Mutual Aid Fire Services Agreement - Fire Department h) Approved Sidewalk Replacement Contract - Engineering i) Approved Traffic Control - Fairview Lane - Engineering j) Received Information Public Works Position Clarification - Human Resources k) Approved Bills I) Authorized RFP's for Executive Search Firm - Administration (Supplemental) APIF, MOTION CARRIED. a) Approve Council Minutes (7/7/03 Regular) MOTION by Fogarty, second by Soderberg. Voting for: Ristow, Cordes, Fogarty, Soderberg. Abstain: Fitch. MOTION CARRIED. t) Capital Outlay - Fire Department Attorney Jamnik and Interim City Administrator Siebenaler met with the truck committee. Staff would like Council to approve the specifications with the deletion ofthe last paragraph on page 5 of the specifications which provided for the successful bidder to provide transportation for up to four members to go to a pre-construction conference on site. Given the state auditors regulations, historically the city would pay for that rather than the bidder. If there is a need to send 1-4 members to a pre-construction conference, it would be brought to Council as a city expense. MOTION by Soderberg, second by Fogarty to approve the bids and specifications for the purchase of a tanker fire truck with the deletion of the requested paragraph. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Quarterly Customer Service Response Report - Administration Staff presented the Quarterly Customer Service Response Report for January- March 2003. There were 83 service requests with 41 surveys returned. Of those, 93% stated they received service in 1-3 days; staff received a 100% rating for being courteous and helpful; and 93% of those were personally satisfied. b) June 2003 Financial Report - Finance Revenues and expenses were presented as of June 30, 2003. Licenses and permits are at 75% of budget at 50% ofthe year. Intergovernmental revenue will not achieve the budgeted amount due to the loss of LGA. This will amount to $400,000 less than what was in the budget. Expenses are at 50%, exactly on target. c) Set Date Council Workshop - Project Updates -Administration Staff requested the Council set a workshop to provide direction on a number of projects such as the Recreational Facilities Task Force; the City Hall Task Force; Council Minutes (Regular) July 21,2003 Page 4 Spruce Street Corridor Task Force; the MUSA Review Committee and several others. Staffwill provide a brief update on each ofthe projects and solicit direction from the Council as to how they would like to proceed. The workshop was set for July 28,2003 at 7:00 p.m. d) Approve Request to Make Improvements to the Rambling River Center - Parks and Recreation Staff requested money be allocated to make improvements to the Rambling River Center. There are several reasons for the request to allocate money from purchasing a piano to making improvements to the center. The improvements would include building new offices to allow staff to work independently of each other, moving the existing computer lab into the staff office being vacated, and the vacated computer lab space will be expanded to allow for a fitness room. Rambling River Center Coordinator Missie Kohlbeck, and Rambling River Center Advisory Board Member Charlie Weber gave a presentation showing the proposed changes to the center. The project will be done in five phases. MOTION by Cordes, second by Soderberg to approve the request to reallocate $4,500 that was identified in the 2003 Capital Outlay budget for the purchase of a piano towards the Rambling River Center's improvement costs and to allow the identified improvements to be made to the Rambling River Center at a cost not to exceed $10,500. APIF, MOTION CARRIED. e) Ash Street Project Update - Engineering At the June 23,2003 meeting with Castle Rock Township, staff was directed to forward a draft Joint Powers Agreement/Orderly Annexation Agreement to the Township for their review and approval The township met on July 17, 2003 and their comments will be sent to the city this week. The County has advised that the deadline for projects that need to be included in the County's 2004-2008 CIP is August 29,2003. Councilmember Fitch noted the agreement says all the change orders will be submitted and approved according to the terms of the construction documents. He did not see any provision for a dispute. Staff stated one of the things that will be worked out is that according to the June 23 meeting, the township will not be participating in the cost of the project. At what level they will be involved as far as change order approval has yet to be determined. If the city is paying for the project and the change order, as long as the change order is within the scope ofthe project, it may not be an issue. Attorney Jamnik stated because the city will need the use of township right-of-ways and related facilities, there may still be a need for the township to approve the initial plans as well as change orders. Councilmember Soderberg asked about the duration and if it leaves some ability for the township to go back on an orderly annexation after the project has started. Attorney Jamnik stated no, the duration indicates the agreement terminates for the combined project for the construction costs. The orderly annexation agreement continues until annexation occurs or the parties terminate the agreement. The agreement to terminate would have to be mutual. This will be clarified in the final agreement. Council Minutes (Regular) July 21,2003 Page 5 The total project cost is $6.6 million in 2005, this assumes an inflation rate. The County would pay $1.9 million which includes $1.7 million for the street and $210,000 for the storm water. $2.1 million will come from trunk funds. The remaining costs will come from deferred assessments, allowed assessments, and the tax levy. The deferred assessments would be those properties which might annex into the city. They cannot be assessed at this time, but the assessment will be held until they do annex into the city. This is only a portion of the properties which are identified as the businesses on the east side ofHwy 3. Ifthey never come into the city, the city will bear the cost of the improvements. The cost of pond 8 will be $687,000 and is located in Castle Rock. Castle Rock does not have the finances to pay for the pond. Trunk funds would be available to pay for the pond if necessary, otherwise those properties that would come into the city on the east side of Hwy 3 might have that included in any deferred assessments. The allowed assessments are the residents that would annex into the city, such as Highland Circle. The tax levy is the amount left over that the city would have to provide over ten years to payoff the bonds for that portion of the street, sewer and water that could not be assessed or paid by trunk funds. Staff will bond for this project in 2005 for $2.6 million. Over ten years, the levy would be $280,000 a year. The city would be able to do the project in 2004, however the County has stated they cannot do the project until 2005. Mayor Ristow stated if Council is in agreement with this project with a few modifications, he would like to have this on the August 4, 2003 Council agenda for approval, and not wait until the August 18 meeting. He asked Attorney Jamnik to expedite the agreement. The changes will be given to Council prior to distribution ofthe Council packets. Castle Rock Township has indicated they are agreeable to the annexation and they are agreeable to assisting in whatever way they can in doing the project. Without their agreement, it is difficult to proceed. The city needs their assistance to proceed with assessments. Staffwill work with the township to try to bring the agreement to the August 4 Council meeting. t) Adopt Resolution - Farmington Lutheran Church Development Contract - Engineering The final plat for Emmaus Grove was approved at the Planning Commission on March 11, 2003 and by the Council on April 7, 2003. The conditions of approval for the development contract are: - The Developer enter into this Agreement - The Developer provide the necessary security in accordance with the terms of this Agreement - The Developer record the plat with the County Recorder within 6 months after City Council approval of the final plat. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R46-03 approving the execution of the Emmaus Grove Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. Council Minutes (Regular) July 21, 2003 Page 6 g) Adopt Resolution - Riverside West Development Contract - Engineering The final plat for Riverside West was approved by the Council on May 19, 2003. The conditions of approval for the development contract are: - The Developer enter into this Agreement - The Developer provide the necessary security in accordance with the terms of this Agreement - The Developer record the plat with the County Recorder within 6 months after Council approval ofthe final plat. The issues with crossing the gas line have been resolved. Staffwill make sure this is in writing before construction begins. MOTION by Fitch, second by Cordes adopting RESOLUTION R47-03 approving the execution of the Riverside West Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. h) Adopt Resolution - Meadow Creek 4th Addition Preliminary Plat - Community Development This plat is located north ofthe Lake Julia Waterway, and south ofthe Riverbend Development. Progress Land Company proposes to plat 123 single-family lots. The zoning code requires lots in an R-l district to have at least 75 ft of street frontage as measured from the front yard setback line and the minimum lot size required is 10,000 sq. ft. This plat meets those requirements. Another issue is the trail system. The original proposal called for trails along Dunbury Avenue connecting the 2nd and 3rd Additions to the south to the Riverbend Addition to the north. Additional trails have been requested. A connection has been added along Road C connecting a future trail to the Dunbury trail. Another trail was added along the wetland on the east side ofthe development. The conditions for the preliminary plat are as follows: 1. The applicant shall comply with recommendations submitted by the MN DNR and Dakota County Soil and Water Conservation District. 2. The applicant shall provide trails in accordance with the letter from Randy Distad, Parks and Recreation Director as modified. 3. Easements shall be provided to access Outlots A and B. 4. A Development Contract between the Developer and the city shall be executed and security, fees, and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Another trail will also be located to the south ofthe waterway. This trail is part of the construction for the Lake Julia Waterway. The developer will build that trail with this plat. This trail is not shown on the plat, as the plans are separate from this plat. Those plans will be coordinated in the review of the projects. Council Minutes (Regular) July 21,2003 Page 7 MOTION by Fogarty, second by Soderberg adopting RESOLUTION R48-03 approving the Meadow Creek Fourth Addition preliminary plat with the above contingencies. APIF, MOTION CARRIED. i) Discuss Ordinance Amendment Request for Commercial Vehicles and Paper Boxes - Community Development The city has received a couple complaints from a resident regarding their neighbor. One issue has to do with commercial vehicles and the other with paper boxes. The van is parked in the driveway. The code states all vehicles shall be parked on a hard surface driveway or parking apron and maintain a 5 ft setback from side and rear lot lines. The code also states vehicles which are inoperable are not allowed to be parked in the driveway, side or rear yard. Vehicles in excess of 7,000 lbs or any trailer are not allowed to be in a city street from 2:00 a.m. to 5:00 a.m. The code does not prohibit commercial vehicle parking in the driveway as long as they meet these provisions. There is a provision in the home business section that says you cannot make your residence look like a commercial residence, such as parking several vehicles in the front. In this case, it is a van with ladders on top and the name ofthe business on the side parked on the driveway. It is not in violation of any codes. The complainant has requested a code amendment. The second issue is for newspaper boxes. The resident noted that paper boxes are not allowed in the code. There is a provision as to what is allowed in the boulevards. Paper boxes and mailboxes are not listed. Mailboxes are covered under federal law which allows them. Prohibiting paper boxes could be an infringement on first amendment rights. Staff is not recommending to completely ban paper boxes. Staff could regulate the number of paper boxes or their location. Staff was looking for direction from Council as to whether to prepare a code amendment. Councilmember Fogarty noted in her neighborhood the paper boxes are built into the mailbox. If you order one of the regional papers, they put up an additional box. Staff stated if a provision regarding paper boxes was added, those additional paper boxes would be eliminated. However, staff is not recommending anything like that. Staff may want to include something allowing paper boxes in the boulevard. The options are making them allowed, or allow them and limit the number, or that they have to be attached to a mailbox. Councilmember Fogarty felt to have them attached to the mailbox would look better. Councilmember Fitch noted in some developments they regulate the type of mailboxes and how many are grouped together. The Post Office may have to be contacted to agree to allow paper boxes on the mailboxes. Mayor Ristow noted that in some areas the paper boxes are grouped with the mailboxes. Staff noted no other complaints have been received. Councilmember Fitch stated some papers will not place their paper in another newspaper's box. If the newspapers are not placed in the box, they will be left on the driveway and then there will be a litter issue. Attorney Jamnik agreed that this has happened in other cities. Some cities have tried to Council Minutes (Regular) July 21, 2003 Page 8 have generic paper boxes, which raises the cost to the residents. Staff stated some developments have covenants that regulate paper boxes, however this particular neighborhood does not. Attorney Jamnik stated if there is a homeowner's association, the paper boxes could be regulated under the covenants for the homeowner's association. It is sometimes difficult to do this after development is finished. Mayor Ristow asked if there is anything regarding screening for commercial vehicles. Staff stated the code does not address screening for commercial vehicles. If they are parked on the side of the house, there might be other regulations. But in this case, the vehicle is parked in the driveway. Councilmember Soderberg drove to the area. The van is not rusty and is a newer vehicle. He noted the van was parked in the driveway. The ordinance says either on decorative rock or hard surface. Along the edge of the driveway is an 18-inch strip of decorative rock. It falls within what is allowed by code. Regarding the paper boxes, Councilmember Soderberg would favor allowing paper boxes in the boulevards. If there are associations, it is up to them to restrict them. Councilmember Cordes agreed. Staff stated they have not contacted the owner ofthe commercial vehicle as there is no violation of code. Councilmember Fogarty asked if it was possible to talk to the owner? Councilmember Cordes stated that is more of a neighbor dispute. Interim City Administrator Siebenaler stated if staff were to tell him his neighbor has a problem with the van in the driveway, it would identify the neighbor. The complainant has clearly stated she does not want to be identified. Councilmember Fitch suggested contacting surrounding cities to see how they handle the situation. Council suggested amending the ordinance to attach paper boxes to the mailboxes, but not limit the number and to make them an allowable use. Staff urged the paper boxes be attached to the mailboxes due to plowing. Councilmember Cordes suggested simply adding paper boxes to the allowable uses in the code. Staffwill forward an ordinance to Council regarding paper boxes and do some additional research for commercial vehicle parking. j) Request for Extension of Time - Riverbend Preliminary Plat - Community Development The Council approved the Riverbend Preliminary Plat on December 17,2001. According to ordinance, the final plat must be submitted within 100 days of preliminary plat approval. On March 18, 2002, Council approved an 18-month extension of the 100-day requirement. The extension will expire on August 1, 2003. The developer has requested an additional extension due to coordinating grading plans with another developer to the south, working with FEMA, etc. Staffis recommending an extension of approval for 12 months, which would expire August 1, 2004. Councilmember Cordes recalled a discussion a couple years ago regarding how many extensions should be allowed. Attorney Jamnik stated there might have been something in the Development Guidelines. Council Minutes (Regular) July 21, 2003 Page 9 Traditionally, when an extension has been adopted, it was specified in the initial extension it is a one-time only extension. This has been communicated to developers in the past. This case may be justified due to the grading plans. It would be at the discretion of Council to indicate whether it is open to another extension. Councilmember Soderberg noted the developer has been very cooperative in working with the city and surrounding neighbors. MOTION by Soderberg, second by Cordes to approve the requested time extension of 12 months (August 1,2004) for the submittal of the Riverbend Final Plat. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Soderberg: Regarding the Spruce Street Task Force meeting last Wednesday, he wanted to apologize for his lack of attendance. After looking at the Master Plan he thinks it is a good project and will meet with staff for an update. Some time ago, a noise ordinance was discussed. He received a call from a resident regarding trucks jake-braking. To pick on truck drivers is not legal, however Council can adopt a noise ordinance and place signs that a noise ordinance will be enforced. This would include trucks, cars with deep base sound systems, trains, etc. Interim City Administrator Siebenaler stated there have been court rulings regarding jake-braking that say you cannot use the phrase "jake-braking" in a sign. Any ordinance adopted would have to address noise. It would have to be consistently enforced on all noise. It would certainly include engine noise and those vehicles with the deep base stereo system. Unfortunately, it could also include an ice cream truck. The city has to be careful how such an ordinance is written. Staffwill research noise ordinances in other cities. The next issue has to do with an anonymous letter he received today. He read a quote from a newspaper which read, "To have a right to do a thing is not at all the same as to be right in doing it." The envelope he received deals with an issue he has been very vocal about and very much opposed to. The individual that sent it seems to want to live in the past. It is history. Even the events to which Councilmember Soderberg are referring to are history. We need to get over it and move on and do what is right for the city. Councilmember Fitch: He asked Interim City Administrator Siebenaler ifbeing Interim City Administrator also makes him the City Clerk? Interim City Administrator Siebenaler replied he will assume that it does. Councilmember Fitch asked ifhe has to meet the bonding requirements? Attorney J amnik stated the city has to change the name on the fiduciary bonds. Finance Director Roland replied that was done two weeks ago. Council Minutes (Regular) July 21, 2003 Page 10 Community Development Director Carroll: On July 31, 2003 there will be a Public Open House at the Maintenance Facility regarding the draft Master Plan for the Spruce Street Commercial area from 6:00 - 8:00 p.m. Representatives from Hoisington Koegler will be there along with staff members. There will be graphs, maps and drawings to look at. The purpose is to give residents and business owners an opportunity to see what the Task Force has done and to make suggestions so staff can incorporate their input before the Master Plan is finalized. 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 8:47 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~; .,<--,#/- ~ ~0? I 4'Z-u-c.., /' ' /~ / Cynthia Muller Executive Assistant