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HomeMy WebLinkAbout03.18.02 Council Minutes COUNCIL MINUTES REGULAR March 18, 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, Cordes, Soderberg, Strachan, Verch None Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Lee Mann, Director of Public W orkslCity Engineer; Karen Finstuen, Administrative Services Manager; Lee Smick, Planning Coordinator; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant John Frank, Steve Juetten 4. APPROVE A GENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. Item 5b) Recognize John Powers' Board Appointment was added. Councilmember Verch pulled item 7a) Council Minutes (3/4/02 Regular) to abstain from voting as he was absent from that meeting. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Paul Speiker Mr. Speiker will retire from his position of Solid Waste Operator effective April 15, 2002. Mayor Ristow thanked Mr. Speiker for his outstanding service to the City. b) Recognize John Powers' Board Appointment Mr. John Powers, Fire Marshal, was recently appointed to the Board of Directors for the State Fire Marshal's Association. 6. CITIZEN COMMENTS 7. CONSENT AGENDA 7a) Council Minutes (3/4/02 Regular) MOTION by Cordes, second by Soderberg approving Council Minutes (3/4/02 Regular). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: Council Minutes (Regular) March 18, 2002 Page 2 b) c) d) e) f) g) Approved Vermillion River Memorandum of Understanding - Engineering Approved Sewer Televising Contract - Engineering Approved Change Order - 195th Street Project - Engineering Approved Change Order - City Facilities Project - Engineering Approved Off-Sale Beer License - EconoFoods - Administration Adopted RESOLUTIONS R22-02 and R23-02 Approving Private Development Project Closeouts - Engineering Adopted RESOLUTION R24-02 Accepting Resignation - Solid Waste _ Administration i) Approved Appointment Recommendation - Solid Waste - Administration j) Approved CEEF Funding Request - Administration k) Received Information School and Conference - Finance I) Received Information School and Conference - Fire Department m) Received Information School and Conference - Police n) Approved Bills APIF, MOTION CARRIED. h) 8. PUBLIC HEARINGS a) Approve Liquor License - Do-Little and See-More Holdings dba Gossips _ Administration This public hearing was held to establish an On-Sale Liquor License and an On- Sale Sunday Liquor License for Do-Little and See-More Holdings, Inc. dba Gossips. The business will be located at 313 3rd Street. Councilmember Soderberg inquired about the outside stairway attached to the building. If another building were to be built in the adjoining vacant lot, staffwill review with Mr. LaBeau options for relocating the stairway. According to Attorney Jamnik, any issues with the stairway would be separate from any conditions dealing with the liquor license. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Verch approving an On-Sale Liquor License and an On-Sale Sunday Liquor License for Do-Little and See-More Holdings, Inc. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Appointment to Heritage Preservation Commission - Administration An application has been received for a vacant seat on the Heritage Preservation Commission. This seat remained vacant after the appointment process in January. The term of this seat is through January 31, 2003. MOTION by Soderberg, second by Cordes appointing Jackie Dooley to the Heritage Preservation Commission. APIF, MOTION CARRIED. Council Minutes (Regular) March 18, 2002 Page 3 b) January and February 2002 Financial Report - Finance The revenues and expenditures are approximately the same as 2001. Funds are expended out of the General Fund as the City does not take in a lot in revenues. Revenues do rise in March and April due to building permits. c) Approve Extension of Riverbend Final Plat Submittal - Community Development City Code requires that upon approval of the preliminary plat, the Developer shall submit the final plat within 100 days of the approval, unless a time extension is requested by the Developer. The River bend Final Plat needs to be submitted by March 27,2002 to meet this deadline. Newland Communities has submitted a letter dated March 7, 2002 requesting that the City Council grant an 18 month time extension to August 1,2003 for submittal of the Riverbend Final Plat. The request is due to the need for FEMA to approve a Letter of Map revision to the existing floodplain and the unknown timeframe for this approval to occur. Mr. Steve Juetten, Newland Communities, stated the grading plan has been started, but not finalized. No work has been done on utilities. The project will not start this year. MOTION by Cordes, second by Verch approving a time extension of 18 months, until August 1, 2003, for the submittal of the Riverbend Final Plat. APIF, MOTION CARRIED. d) Approve Extension of Wilson Property Final Plat Submittal - Community Development The developer previously received a time extension for submittal of the Wilson Property Final Plat to July 1, 2002. The developer is now requesting a second extension to October 1, 2002. The reason for the request is due to the amount of work required on 203rd Street to determine how it will be laid out. City policy has been to grant a one-time extension for the recording of final plats. In the new ordinance there will be 1 year allowed between submittal of the preliminary plat and final plat, currently there is 100 days. MOTION by Soderberg, second by Strachan allowing a second time extension for the submittal of the Wilson Property Final Plat to October 1,2002. APIF, MOTION CARRIED. e) Consider Ordinance Amendment - Scoreboard Signage - Community Development ISD #192 approached the City with the proposal to install scoreboards at their baseball fields at the northeast intersection of Akin Road and CSAH 50 and their softball fields on the High School property at 800 Denmark Avenue. The School proposes to install a 6.5' x 27' scoreboard with advertising located on the front and back of the scoreboard. Advertising will be 3' x 27'. The signs will not be illuminated. The ordinance governing advertising signs will be changed to read, "Scoreboards on public school property may include billboards and advertising signs in any district." Councilmember Soderberg asked if there will be multiple signs advertised. Planning Coordinator Smick stated only one business will be advertised on the back. Council Minutes (Regular) March 18, 2002 Page 4 Mr. John Frank, School Board, stated he solicited businesses in the community for sponsorship at different price levels. The school wanted to stay away from name brands and keep the advertising community oriented. MOTION by Soderberg, second by Cordes adopting ORDINANCE 002-471 amending Section 4-3-2 (A) Permitted Signs and 4-3-3 (C) Advertising Signs of the City Code. APIF, MOTION CARRIED. f) Charter Communications - Revised Late Fee Implementation _ Administration The City received a letter from Charter Communications implementing a revised late fee. Effective May 1, 2002 for the 1 st late payment the fee will be $3.25. If the bill remains unpaid an additional $1.70 will be applied 45 days after the bill is processed. If a subscriber has already been assessed a late fee, all subsequent late fees will be $3.25 imposed one month after a bill is processed, and an additional $2.70, 45 days after the bill is processed and remains unpaid.Councilmember Strachan reminded residents the City does not have any authority over cable rate changes. g) Charter Communications - High-Speed Access - Administration Charter offers subscribers high speed access. They have made some changes relative to service and cost. h) 2002 Leadership/Strategic Planning Retreat - Administration The annual planning retreat has been scheduled for April 13, 2002, from 8 a.m. _ 3 p.m. at Dakota Electric. The facilitator will be Don Salverda. The purpose of the retreat is to exchange ideas, and share thoughts and goals for the upcoming year, and five years out. 11. UNFINISHED BUSINESS a) St. Michael's Church Property -Administration The St. Michael's Church property and other potential historic properties were discussed at the March 4, 2002 Council Meeting. After discussion with St. Michael's representatives and upon advice from Legal Counsel, a decision was made to continue this item to the March 18, 2002 Council Meeting. City Attorney Jamnik stated the Heritage Preservation Commission's request was four-fold. The HPC issued a finding that the St. Michael's Church building meets the criteria for designation as a heritage landmark. However, if the owner does not want that designation, City Code states the designation cannot be forced on them. The church is not interested in pursuing that designation. The second item recommended by the HPC was that all parties with an interest in the property, the City Council and Planning Commission, to participate in an informal meeting to discuss the preservation value of the church property. As indicated at the March 4 meeting, the members of the church indicated they had explored those opportunities. There is a limited opportunity to pursue that matter, as a Council Minutes (Regular) March 18, 2002 Page 5 demolition permit was applied for on March 18, 2002 and under City ordinance the city has 10 days to approve it. If there is an interest for further discussion, it would have to be concluded within the next 10 days. Third, the HPC recommended placing a 6-month moratorium on demolition/moving permits for all buildings more than 50 years old or until new or revised land use controls are in place. As stated at the last meeting, given the situation of the pending development proposal and that the City has been aware of this building for two years, these facts argue against the moratorium and raise the risk that any interim ordinance would be defeated by a court challenge. If Council is still interested, there is still an opportunity, but the facts do not argue strongly for the city's position and would be highly risky. The fourth request, is the HPC requests authorization of a study of the preservation value and reuse potential of religious buildings and other potential historic properties. That is a viable option for Council to consider. Given the situation, this is a broader use for other churches in the community separate from St. Michael's. Mayor Ristow stated without an agreement to designate the church as a landmark, our hands are tied. Attorney Jamnik stated that is correct, if Council tries to change the ground rules now, there is a high risk of defeat. Councilmember Strachan stated there are two parties. The church and the property owner, who have entered into a contract. They have strongly indicated they do not wish to be designated as a heritage landmark. For the City to enter as a third party and to change any portion of the transaction, creates a legal liability for taxpayers. Attorney Jamnik stated that is correct. It is different than if there was not an agreement between two parties, or it is not in writing, or as close to finalization as this agreement. The primary determinate of what a property will be used for rests with the owner. City regulations and oversight are at best secondary. Mayor Ristow stated he did receive a fax from Mr. Colin Garvey, developer, stating he has no desire to spend $2 - 2.5 million to restore the building. Attorney Jamnik stated no action is being requested by staff, however, if Council does have an interest for future activities to bring them up at future meetings would be appropriate. Mayor Ristow asked Attorney Jamnik, excluding St. Michael's would it be his advice not to act on the request for a moratorium? Attorney Jamnik, stated with regards to St. Michael's, while Council is legally able to pass a moratorium, the odds of it sustaining are much worse than they were two years ago. He advised if Council does pursue that, it is risky and does expose the City to legal challenge and potential liability. It is much more likely to be overturned with regard to St. Michael's, than a broader view. As far as other historic sites, Council does have time to consider them. Mayor Ristow suggested a workshop with the HPC and review potential buildings. Councilmember Soderberg stated he does not see any problem with Council acknowledging that the HPC has issued the finding that the building does meet the criteria for landmark designation. If the land owner is not interested, it does not get designated. From his perspective it is a historic landmark. Placing a moratorium interferes with a private contract and that is not within the City's right Council Minutes (Regular) March 18, 2002 Page 6 to do. The HPC is currently considering other buildings and Councilmember Soderberg was not sure if a workshop is necessary. Councilmember Strachan asked that in the future, do we want to change the policy regarding non- participating landowners? Perhaps that is something the HPC could review. Mayor Ristow stated a demolition permit has been applied for, but we are still a long way from demolition. The church will make sure the property is well in the new owner's hands before anything could happen. Attorney Jamnik replied that will be their decision, not ours. The protocol would be the 10 day period allows for documentation of the historic structure. After the 10 days the owner of the property would have the authority to demolish the building. Councilmember Soderberg stated the HPC did right by finding the building meets the criteria for designation as a historic landmark and wanted to acknowledge those findings. 12. NEW BUSINESS a) Consider Resolution - 209th Street Feasibility Report - Engineering The feasibility report for 209th Street is in conjunction with the Tamarack Ridge project. The project would include streets, storm water, and water main improvements to serve Tamarack Ridge and the properties on the south side of 209th Street. The developer is responsible for the construction of the street and the developer will be reimbursed for the costs apportioned to the residents along the south side of the street. Last year staff attempted to obtain assessment agreements from the property owners along the south side of 209th Street for the proposed improvements. Several residents did not agree to sign the agreements. Without 100% participation in the assessment agreements, it is necessary to apportion the costs ofthe improvements pursuant to M.S. Chapter 429. The project needs to be a City project and go out to public bid and assessment hearings. The estimated project cost is $311,000. The costs will be allocated between the developer and the property owners along the south side. The appraisal will be completed shortly and the proposed assessment roll and project cost will be available at the neighborhood meeting and the public hearing. Mayor Ristow asked how much road is left between the end of the project and County Road 66. City Engineer Mann replied Cantata Avenue as well as 208th Street to Cambodia is where the project ends. Mayor Ristow asked if it would be cheaper to do the rest of the road now and get some cooperation from Empire Township. City Engineer Mann replied there are ponds on the west side and township properties on the east side and township properties on both sides as you get closer to CR66. It would have to be a joint project between the City and Empire Township. Mayor Ristow stated it will be such a small piece left as gravel, it might be worthwhile to contact the township to see if they would want to participate now while the project is going on. City Engineer Mann replied that particular piece was not necessary for the Tamarack Ridge project. Staffwill contact Empire Township to determine if they would be interested in paving that portion at this time. MOTION by Cordes, second by Verch adopting Council Minutes (Regular) March 18, 2002 Page 7 RESOLUTION R25-02 accepting the feasibility report, authorizing preparation of plans and specifications and calling for a public hearing. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Strachan: Mr. Kevin Raun, director of ALF, resigned last week. The ALF Board meets once a month and is a policy board. In the future the ALF director will report to City Administrator Shukle, rather than the board. Councifmember Verch: Akin Road. Thanked staff for the larger stop signs on 195th Street and City Attorney Jamnik: Council will recess for Executive Session for the City Administrator's performance evaluation. The public will be provided with a report at the next Council Meeting. City Administrator Shukle: There will be a workshop March 19 to discuss the Ash Street project and the revised recreational vehicle ordinance amendment. Mayor Ristow asked about the tree preservation ordinance. Administrator Shukle replied staff has been reviewing it, but has no further information other than what is in the zoning code. Mayor Ristow: Received an invitation from Rosemount to their Open House April 6 for their new city facilities. Council recessed at 8:11 p.m. for Executive Session - City Administrator Performance Evaluation. Respectfully submitted, ~C7t~_ 7-;v7J&~ Cynthia Muller Executive Assistant