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HomeMy WebLinkAbout04.01.02 Council Minutes COUNCIL MINUTES REGULAR Aprill, 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; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Manager; Mike Schultz, Associate Planner; Cynthia Muller, Executive Assistant Fred Conlan, Paul Speiker, Christy Reinhold, Larry Frank, Tom Wartman 4. APPRO VE A GENDA Councilmembers Cordes and Verch pulled item 7a) Council Minutes 3/19/02 Special, as they were absent from that meeting. MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Paul Speiker Mr. Speiker will retire from his position of Solid Waste Operator effective April 15,2002. Mayor Ristow presented him with a plaque to honor his years of service. Mr. Speiker stated he enjoyed his work and the people he worked with. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Soderberg, second by Strachan approving Council Minutes (3/19/02 Special). Voting for: Ristow, Soderberg, Strachan. Abstain: Cordes, Verch. MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (3/18/02 Regular) b) Approved Temporary 3.2 Beer License - Farmington Fastpitch League- Administration c) Approved Temporary On-Sale Liquor License St. Michael's Church- Administration Council Minutes (Regular) April 1, 2002 Page 2 d) Adopted RESOLUTION R26-02 Approving Signal Agreement 3rd and Elm Streets - Engineering Approved Fiber Optic Cabling Public Facilities - Finance Accepted and Approved City Administrator Evaluation and Approved Compensation Adjustment - Administration Adopted RESOLUTION R27-02 Approving Gambling Premises Permit Civil Air Patrol - Administration Adopted RESOLUTION R28-02 Approving Gambling Event Permit St. Michael's Church - Administration Adopted RESOLUTION R29-02 Accepting Donations Senior Center - Parks and Recreation j) Acknowledged Resignation - Parks and Recreation k) Acknowledged Resignation - Community Development I) Received Information School and Conference - Administration m) Received Information School and Conference - Community Development n) Approved Bills APIF, MOTION CARRIED. e) f) g) h) i) 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - 2002 Sealcoat Project - Engineering (Supplemental) Allied Blacktop submitted the low bid in the amount of$59,655.40. The total estimated project cost is $81,728. Seal coating will start after June 23, 2002 and be completed before August 5, 2002. Benefiting property owners will be assessed 50% of the project costs, which was estimated to be $65.41 per residential equivalent unit. MOTION by Cordes, second by Soderberg adopting RESOLUTION R30-02 accepting the base bid of Allied Blacktop in the amount of $59,655.40, awarding the project; and directing staff to prepare the proposed final assessment roll allocating 50% of the project costs to the benefiting properties. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Approving City Center Preliminary and Final Plat - Community Development Mr. Tom Wartman of Farmington City Center, LLC, is seeking approval of the City Center Preliminary and Final Plat. The plat consists of9.87 acres that involves a replat of the original City Center development area and the redeveloped Elm Park dump site. The original City Center plat was approved in September 1993 to accommodate the construction of the More 4 grocery store and mini-mall. The proposed plat would replat the original subdivision with the addition of two additional commercial lots on the former Elm Park dump site. The Ace Hardware store is currently located on Lot 1, and the Econo Foods store and mini-mall are located on Lot 3. Lot 2 is available for commercial development. The remaining portions of 2nd Street, Main Street and the drainage and utility easement were vacated by the Council in November 2001 to make way Council Minutes (Regular) April 1, 2002 Page 3 for this plat. A new drainage and utility easement has been dedicated for the sewer and water main lines that were connected off of 1 st Street. Outlot A will be deeded to the City for parkland and will be connected to Rambling River Park. MOTION by Soderberg, second by Verch adopting RESOLUTION R31-02 approving the City Center 2nd Addition Final Plat contingent upon Outlot A being deeded over to the City as parkland. APIF, MOTION CARRIED. b) Adopt Resolution - Approving Middle Creek Estates Final Plat - Community Development The Middle Creek Estates Final Plat is located to the west of Akin Road and south of Pine Knoll. The plat consists of26 single family lots on approximately 40.74 acres. The plat contains a single cul-de-sac. Outlots B and F contain wetlands, and Outlot E will be a pond, each of which will be dedicated to the City. Outlot A is the parkland dedication area. Outlot C will be deeded to Mike and Patty Haley for a land swap for the cul-de-sac. There will be a 75 foot wetland buffer setback on Lots 5-10, Block 2. Staff is looking at eliminating the Eaves Way lift station through this development. If the lift station is eliminated proposed side easement, 10 feet on each side of pipe centerline, at the connection location could possibly be changed. The entire cost of eliminating the lift station would be paid by the City. Council would like this issue resolved prior to filing of the Final Plat. The Planning Commission recommended approval with the following contingencies: 1. Revise the final Plat to include the 75-foot wetland buffer easement as measured from the edge of the DNR Protect wetland; 2. File Outlot B as a conservation area with Dakota County; 3. Deed Outlots A, B, E, F & G to the City; 4. Continue working with staff in preserving mature trees during building permit review. The landscape island in the cul-de-sac has been eliminated to allow more room for emergency vehicles. The developer will place a sign at the end ofthe cul-de- sac indicating possible future through street. MOTION by Soderberg, second by Cordes adopting RESOLUTION R32-02 approving the Middle Creek Estates Final Plat with the above contingencies. APIF, MOTION CARRIED. c) Consider Appeal Fee Refund Request - Community Development Mr. Fred Conlan, 9 7th Street, owns property that backs up to the car wash on Hwy 3. The car wash owners replaced the fence between the properties last year, and staff approved the fence in August of 2001. Mr. Conlan objected to the fence, stating lights from the cars shined through the fence. According to staff, the fence met requirements of the conditional use permit. Mr. Conlan then appealed the decision to the Planning Commission. He paid the $150 appeal fee at that time. The Planning Commission concluded there was enough light coming through the fence to require the fence to be modified. The car wash owners did not appeal the decision and will redo the fence. Mr. Conlan is now requesting a refund of the appeal fee. According to staff, the provisions in the code and fee resolution are Council Minutes (Regular) April 1, 2002 Page 4 clear. This was an appeal to a decision made by the Zoning Officer. However, the staff time devoted to reviewing the request is covered by the appeal fee. Staff recommended the appeal fee not be waived. Mayor Ristow stated the original fence in 1965 met the requirements of a conditional use permit. Mr. Conlan is asking the city to abide by the original ordinance, stating no headlights are allowed to shine through the fence. Mr. Conlan wanted the fence installed as originally approved. He should not have to pay an appeal fee. There are large gaps in the fence and the original height was 8 feet, and is now 6 feet. Councilmember Soderberg asked if the decision of the Planning Commission to modify the fence, was based on the 1965 ordinance? Community Development Director Carroll stated it was based on a fact determination, and what they saw. Councilmember Soderberg asked if the fence is ok by today's standard. Community Development Director Carroll stated it does screen the majority of the lights. There are some areas with no gaps and some with large gaps. The ordinance does not say opaque, so it would meet the current requirements. Staff would like guidance from Council regarding what situations require an appeal fee and which do not, in case this issue should arise in the future. Councilmember Cordes felt Mr. Conlan was making more of a request than an appeal. Mayor Ristow stated Council sent Mr. Conlan to the Planning Commission and he followed Council's guidelines. City Attorney Jamnik stated either the property owner or someone affected by it could ask for an interpretation of the code and then disagree. They have the right to appeal the staff decision. The difference here is that Council directed the process that triggered the appeal fee. Without a change in the resolution, anyone in the future would be charged the $150 application fee. You do not want a system where if you win you do not have to pay. Staff should routinely charge the fee until there is a change in the fee resolution. Council agreed to deal with appeal fees on a case by case basis. Councilmember Soderberg stated he had some reservations with refunding the appeal fee. It is a process that was established and the process worked. The fence will be modified. On the other hand, if he were in Mr. Conlan's position, he would not like to have to pay to take the appeal to the next level. Mayor Ristow stated Mr. Conlan requested the same type offence be installed as in 1965. It is still the same business that existed then. The Planning Commission at that time felt it was appropriate for a conditional use. Nothing has changed. The property owner is asking to put back what was originally there. MOTION by Ristow, second by Cordes granting a refund to Mr. Fred Conlan of the $150 appeal fee. APIF, MOTION CARRIED. Mr. Fred Conlan, 9 ih Street, thanked everyone for their assistance in resolving this issue. The current fence is a joke. In 1965 the fence was suitable. Traffic and noise has increased 10- fold. He and his family have suffered from it, not staff. No one that approved the fence suffered from it. We are now splitting hairs Council Minutes (Regular) April 1, 2002 Page 5 between 1/4" and 1/8". There should be no light shining through the fence, like the original fence. Councilmember Strachan stated staff has to make sure their decisions are fair and equitable and takes great pains to do that. He thanked Mr. Conlan for the time he put into it. d) 2002 Assessment, Open Book Meeting Information - Administration A memo was received from Dakota County notifying the City of open book meetings. In 2002,23 residents from Farmington attended the meetings. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: There is a town meeting April 2 at the high school to discuss the MN survey regarding drug use. Finance Director Roland: Reminded Council of the goal setting retreat April 13, 2002. Community Development Director Carroll: The City of Rosemount is having an open house for their City Hall on April 6. Postcards have been sent to 1250 residents who have property that will be affected by the revised zoning ordinance. There will be informational meetings April 11 and April 18. A Public Hearing will be held on April 23. Everyone receiving a card has property that is being affected by the zoning change. According to the City Attorney, if it is just a zoning change, only the property owner needs to be notified. For a comprehensive guide plan amendment, cards will be sent to property owners, as well as residents within 150 feet. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 7:57 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/r?Jh0 Cynthia Muller Executive Assistant