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HomeMy WebLinkAbout02.19.02 Council Minutes COUNCIL MINUTES REGULAR February 19, 2002 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, Soderberg, Strachan, Verch Cordes Matt Brokl, Acting City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant J. Michael Noonan, Marianne Feeley, Fred Conlan, Michelle Leonard, Jon Einess, Rudy Garcia, Ryan Bernhagen, Clare Bernhagen, Christy Fogarty, Loren Gordon, Larry White 4. APPROYEAGENDA Councilmember Verch pulled item 7a) Council Minutes 2/4/02 Regular so he could abstain from voting as he was absent from that meeting. Councilmember Soderberg pulled item 7c) Approve Joint Powers Agreement ISD 192 for discussion. MOTION by Verch, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Present Skate Park Grant - Ryan Bernhagen and Adam Garcia Students from the Farmington School District have been trying to raise funds for a skate park. The students, with City and Project Northland help, applied for a grant from Dakota County. Ryan Bernhagen and Adam Garcia presented $2500 to the Council for a skate park. The grant will be used for instructional training and materials, signage and safety items. Ms. Marianne Feely, Project Northland, commended the students for their good work. b) Introduce New Employee - Parks and Recreation Ms. Patti Norman was introduced as the new Parks and Recreation Supervisor effective February 19, 2002. Council Minutes (Regular) February 19, 2002 Page 2 6. CITIZEN COMMENTS Mr. Fred Conlan, 97th Street, has a concern with the fence installed between his property and the car wash on Hwy 3. The original fence, built in 1965, was 8 feet, 4 inches high and constructed with double boards to cover any gaps in the fence. The fence deteriorated, and in the summer of 200 1, the car wash owner tore the fence down. Mr. Conlan asked the owner to install a fence similar to the old one and was told he would have to share in the cost. Mr. Conlan notified the City that the new fence was not suitable due to the shorter height and gaps between the boards, which allows car lights to shine through the fence. This is in violation of the original resolution granting a permit. He was advised by staff that the current fence is suitable according to the code. In 1965 a fence of 8 feet 4 inches in height with double boards would be suitable. Now only a single set of boards, with gaps and shorter than before is suitable. Mr. Conlan feels this fence does not fall under the 1999 code, but is subject to its original nonconforming use permit. Staffwill respond. Mr. Conlan asked that a time limit be set ifhe has to repair the fence. Mr. Brokl, Acting City Attorney, stated Mr. Conlan has filed an appeal of the zoning decision that has previously been made by the zoning administrator. That hearing is pending. Mr. Conlan has not paid the $150 application fee for the appeal. Attorney Brokl stated Mr. Conlan had a question regarding the fee. The Council is not the body to decide at this point if there is any merit to the claim. The body to go to at this point is the Planning Commission. There is a process for it to come to Council, but Mr. Conlan has to follow that procedure. In order to have that hearing, Mr. Conlan would have to pay the $150 fee. Mayor Ristow stated if the fence meets the ordinance, why pay the $150? There must be 100% screening between commercial and residential property. Attorney Brokl stated staff and the zoning official have approved the fence. Therefore this is an appeal to staff's interpretation of the ordinance. Ifwe did not charge the fee, citizens could come before the Council on all types of situations. Council could reduce the fee or waive it, or revisit it after the hearing. The prerequisite to the hearing is the $150 fee. Mr. Conlan would have to pay the fee, the issue would go to the Planning Commission, and then request the fee be refunded. Mr. Conlan went to the Planning Commission and was told it would have to be addressed in March. He asked if we are going by 1965 standards or 1999 standards for installing the fence. Mayor Ristow recommended the request go to the Planning Commission, and if necessary come back to Council regarding refunding the fee. Community Development Director Carroll stated there are two different types of appeals involved. The first is the appeal from the zoning officer's decision to the Planning Commission. The provision that deals with the fees for an appeal from the Planning Commission to the Council references the fee resolution. In an appeal from the zoning official to the board of adjustment, the language says the fee to be charged shall be determined by the Council. He suggested Council make a final decision on waiving the fee. The fee covers the entire process including notifying residents and a notice in the paper. Mr. Conlan agreed with following the procedure. J Council Minutes (Regular) February 19, 2002 Page 3 7. CONSENT AGENDA MOTION by Soderberg, second by Strachan approving Council Minutes (2/4/02 Regular). Voting for: Ristow, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. 7c) Approve Joint Powers Agreement ISD 192 - Police Department Councilmember Soderberg did not recall this item being in the budget. Finance Director Roland stated this item appears as $20,000 coming out of the capital acquisition fund, and $10,000 coming out of the water utility fund. The Phonemaster system was discussed at a Council workshop. The School District actually has the system. The phone system has the capability to dial out to the entire City notifying residents of a particular situation. For example, the Water Board could notify residents in case of an emergency situation with a water shortage. MOTION by Soderberg, second by Verch approving the Joint Powers Agreement ISD 192. APIF, MOTION CARRIED. MOTION by Soderberg, second by Verch to approve the Consent Agenda as follows: b) Approved Traffic Control - Various Locations - Engineering d) Received Information Capital Outlay - Engineering e) Received Information Capital Outlay - Fire Department f) Adopted RESOLUTION R09-02 Approving Clerical, Technical, Professional Contract - Administration g) Adopted RESOLUTION R10-02 Approving Maintenance Contract- Administration h) Adopted RESOLUTION Rll-02 Approving Gambling Event Permit- Administration i) Approved Appointment Recommendation Fire Department - Administration j) Received Information School and Conference - Administration k) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Vermillion Grove 20d Addition Final Plat - Community Development The Vermillion Grove 2nd Addition is located south of 195th Street and west of Akin Road and is zoned R-3 PUD - High Density Residential Planned Unit Development. The plat consists of 41 single family lots, 76 gardens/garden townhomes, and 88 villa townhomes. Property owned by Mr. Dale Pettis abuts the Vermillion Grove plat. Mr. Pettis requested splittin~ his property and asked if his plat could be included with the Vermillion Grove 2n Addition plat. There is a piece of property that will be conveyed to Mr. Pettis as his shed exists on the Rottlund property and a new driveway for Mr. Pettis will exist on the property. There has been a change resulting in removing the Pettis property from the plat. Council Minutes (Regular) February 19, 2002 Page 4 \ During the title search it was discovered there is a gap of .14 inches between the Pettis property and the Vermillion Grove property. In order to make clear title, the Pettis property had to be removed until a title claim could be done. The driveway for Mr. Pettis will still be installed. One access from the 2nd Addition on 198th Street will connect with Akin Road to the east. Roadways with the villas and gardens will be private streets and will be maintained by a homeowners association. The Parks and Recreation Commission has approved a park on the peninsula between the wetland areas. A sidewalk is proposed along the north side of 198th Street from English Avenue to Akin Road. The developer has agreed to the installation of a sanitary sewer line routed along the shared property line of the four properties that front Akin Road and Vermillion Grove 2nd Addition. The developer has also prepared a revised landscape plan showing additional landscaping along the shared property line to increase the screen between the existing single-family property that front Akin Road and the Vermillion Grove development. Mr. Michael Noonan, Rottlund Homes, appreciated Council's consideration for the amended plat. The County would not record the plat with a .14 inch gap. The deletion of the Pettis property has been discussed with Mr. Pettis and he understood the situation and did not want to delay the Vermillion Grove plat. They hope to finish grading and install utilities in the spring. There is an agreement between Rottlund and Mr. Pettis regarding exchanging a piece of land to allow for driveway access to 198th Street for Mr. Pettis. MOTION by Soderberg, second by Verch adopting RESOLUTION R12-02 approving the Vermillion Grove 2nd Additional Final Plat contingent on Engineering Division comments. APIF, MOTION CARRIED. b) Consider Resolution - Approve PUD Schwiness Commercial Project _ Community Development Mr. Jon Einess, Schwiness, LLC is seeking approval of a final PUD agreement to construct two retail commercial buildings on Lots 3 and 4, Block 1, Dakota County Estates 9th Addition. The proposed buildings would contain 4 to 6 tenants in each building. Allowed uses include: Retail facilities Restaurants and fast food restaurants that are not free standing, and that do not have a drive through lane Coffee shops Health club Offices Personal and professional services Personal health and beauty services Animal clinics Convenience store, without gas Automobile service and repair Clinics Council Minutes (Regular) February 19, 2002 Page 5 The retail site has been designed so that the two buildings would be facing each other instead of facing Pilot Knob Road. Access will be limited to English A venue with no access permitted from Pilot Knob Road. The developer is proposing two pylon signs, each 26 feet high. The Planning Commission did discuss the possibility of erecting monument signage in place of pylon signs. The Commission decided that the pylons would be more appropriate for the site as the elevation of the property is below the grade level of the roadway. Following are modifications to the minimum requirements of the City Code: I. The parking lot setback of 8 feet is acceptable as measured from the Pilot Knob Road right-of-way easement, instead of the minimum 10 foot required setback. 2. The front yard setback for the 2 pylon signs to be located at 10 feet is acceptable as measured from the Pilot Knob Road right-of-way easement, instead of the minimum 50 foot required setback. Councilmember Soderberg stated the one thing that does concern him is the lack of commitment to install the fire suppression system. When the code was repealed he understood Council would encourage the installation of sprinkler systems in new construction. It was repealed because of the burden it placed on existing buildings. Mr. Jon Einess stated this is an expensive building. He cannot get the same rents here as in other areas. He has gone out for bids on sprinkler systems. There is only a certain type of tenant that can afford the rent. He cannot commit to the cost of a fire suppression system at this time. Councilmember Soderberg stated he would strongly encourage the installation of a sprinkler system, but otherwise it is a wonderful addition. Councilmember Verch suggested Mr. Einess check on the reduction for insurance with the installation of a sprinkler system. Mr. Einess stated they have reviewed that, but he needs to keep the cost of rent down. MOTION by Soderberg, second by Strachan adopting RESOLUTION R13-02 approving the Final Planned Unit Development Agreement for Lots 3 and 4, Block 1, Dakota County Estates 9th Addition with the above noted modifications. APIF, MOTION CARRIED. c) Council Photograph and Individual Photos -Administration A photograph session has been scheduling during the Council workshop of February 20, 2002. Photos of the Council will be displayed on the City's web site and in City Hall. 11. UNFINISHED BUSINESS Council Minutes (Regular) February 19, 2002 Page 6 12. NEW BUSINESS a) Zoning Code Update - Community Development Ordinance amendments to the City's Zoning and Subdivision Code began in October 2001. Mr. Loren Gorden, Hoisington Koegler Group, Inc., gave an overview of the amendments for Titles 10 and 11 of the City Code. The purpose of the amendments is carry out the comprehensive plan and to revise sections not working well or that are obsolete. Zoning districts were reviewed and how they match with the land use plan. There are 2 zoning classifications for the business park, a business park district and a commercial district. There is an overlay district for the Planned Unit Development and the flood plain district. Districts deleted are ag preserve, mixed code residential, and the conservation district. In terms of plan review, a section for tree preservation has been added. It deals with ways to work around trees or remove portions of stands of trees. Site plan review will have a tiered approach according to the level of the project. Revision of the sign ordinance will be a separate project and will occur later. Revisions to the subdivision code include technical changes, and comments from planning and engineering. MOTION by Strachan, second by Verch adopting ORDINANCES 002-469 and 002-470 approving ordinance amendments for Title 10, Chapters 1-20 of the Farmington City Code - Zoning Ordinance and Title 11, Chapters 1-6 of the Farmington City Code - Subdivision Ordinance. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councifmember Soderberg: He has two issues he would like staff to consider regarding the parking restriction. He noticed Lakeville has a lot of signage from major streets into developments with parking restrictions. He wondered if that could be considered here. Also, there are a number of houses with driveways that are full and cars are parking on the lawns. He would like to consider looking at something such as Apple Valley, when the driveway is full, on-street parking is allowed during prohibited times, except during a snowfall. Councilmember Verch: Asked if the red lights on the stop signs at 195th Street and Akin Road can be turned at an angle. The lights are not very bright and the stop signs are far apart. Staff will review the situation. City Administrator Shukle: Council received the 2002 Budget. He thanked the Finance staff for their hard work in putting the document together. Community Development Director Carroll: The Dakota Electric Association will be holding their Partners in Progress Dinner. Staff and Council have received invitations. Council should respond to Dakota Electric or Kevin Carroll. Mayor Ristow: Ms. Tammy Nienaber had some questions from the last meeting regarding East Farmington. Attorney Brokl stated the conversation is between the Council Minutes (Regular) February 19,2002 Page 7 attorneys at this time. City Engineer Mann stated some documentation has been received from the developer. Documentation should be sent to the association's attorney next week. Mayor Ristow received a letter from the Brimeyer Group regarding the performance evaluation for the City Administrator. Attorney Jamnik has done it in the past. To keep it consistent with the past, Mayor Ristow suggested having Attorney Jamnik handle the process. Council agreed. The tree preservation ordinance continues to be a stumbling block with the new developments. The City needs to take this seriously and look at some type of an ordinance and build from that. He would like a workshop set up with the Tree Trust to see what is set up in other cities. a) Accept Skate Park Check MOTION by Soderberg, second by Verch accepting the skate park check. APIF, MOTION CARRIED. 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 9:22 p.m. APIF, MOTION CARRIED. Respectfully submitted, ?rZLav ?-Y?~c;:%~ Cynthia Muller Executive Assistant