HomeMy WebLinkAbout02.18.03 Council Minutes
COUNCIL MINUTES
REGULAR
February 18, 2003
1. CALL TO ORDER
The meeting was called to order by Mayor Ristow at 7:00 p.m.
a) Introduce Councilmember Bill Fitch
Mr. Bill Fitch was introduced as the new Councilmember. His term is effective
until December 31, 2004.
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; Ed Shukle, City Administrator; Robin
Roland, Finance Director; Kevin Carroll, Community
Development Director; Dan Siebenaler, Police Chief; Randy
Distad, Parks and Recreation Director; Lee Mann, Director of
Public Works/City Engineer; Lisa Shadick, Administrative
Services Director; Brenda Wendlandt, Human Resources Director;
JimAtkinson, Assistant City Planner; Cynthia Muller, Executive
Assistant
Anthony Pena, Cheryl Retterath, Terry Verch, Anthony Verch,
Matt Alexander, Eric and Sheri Speckan, Earl Teporten, Wade
Enggren, Mike Heinzerling, Lynae Mach, John Fortney
4. APPROVE AGENDA
Councilmember Fitch pulled item 7a) Council Minutes to abstain from voting.
Supplemental items 7j) Approve Appointments Boards and Commissions and tOe)
Consider Comprehensive Plan Amendment and Zoning Map Amendment - Knutsen
Property were added.
MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Introduce New Employee - Community Development
Mr. Ron Fedder was introduced as the new Building Inspector.
b) Introduce New Employee - Parks and Recreation
Mr. Wade Enggren was introduced as the new Solid Waste Operator.
6. CITIZEN COMMENTS
Mr. Anthony Pena, 18906 Embry Avenue, asked Attorney Jamnik where he cited the city
charter where it allows the Mayor or a Councilmember to vote twice. He would like a
Council Minutes (Regular)
February 18, 2003
Page 2
written response from Mr. Jamnik. Mr. Jamnik replied the city does not have a charter.
It is in MN statutes 412.02.
Mr. David Pritzlaff, 20255 Akin Road, stated a couple meetings back Councilmember
Cordes stated she was coerced, and then restated her statement saying she was persuaded.
He asked if the name she brought up to fill the vacant Council seat was her choice or if
she was persuaded. Councilmember Cordes replied it was strictly her choice. Mr.
Pritzlaffthen asked Mayor Ristow, what his position was in the last Council meeting,
when Councilmember Soderberg was questioning Councilmember Cordes regarding a rift
in the Council and Councilmember Cordes told Mayor Ristow to make the appointment.
Mr. Pritzlaff asked Mayor Ristow why Councilmember Cordes was telling him what to
do. Mayor Ristow stated he didn't hear her, but thanked Mr. Pritzlaff for pointing it out.
7. CONSENT AGENDA
MOTION by Soderberg, second by Cordes approving Council Minutes (2/3/03 Regular)
(2/8/03 and 2/10/03 Special). Voting for: Ristow, Cordes, Fogarty, Soderberg. Abstain:
Fitch. MOTION CARRIED.
MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows:
b) Approved Appointment Recommendation - Fire Department
c) Adopted RESOLUTION R7-03 Approving Plans and Specifications and
Authorizing Advertisement for Bids - Solid Waste Vehicle - Parks and
Recreation
d) Received Information Capital Outlay - Administration
e) Received Information Capital Outlay - Parks and Recreation
f) Received Information School and Conference - Fire Department
g) Received Information School and Conference - Police Department
h) Received Information Dakota County Transportation Policy Open House -
Engineering
i) Approved Bills
j) Approved Appointments Boards and Commissions - Administration
(Supplemental)
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Farmington Heritage Landmark Designation - Middle Creek Historic
Cemetery - Administration
The Heritage Preservation Commission has determined that the Middle Creek
Historic Cemetery, located north ofthe Middle Creek Estates subdivision, meets
the eligibility criteria for designation as a Farmington Heritage Landmark. The
HPC has submitted documentation supporting the Heritage Landmark designation
of the Middle Creek Historic Cemetery in a report prepared by Robert Vogel
dated September 26, 2002. The Minnesota Historical Society has also
commented favorably on the proposed landmark designation. MOTION by
Cordes, second by Fogarty to close the public hearing. APIF, MOTION
CARRIED. MOTION by Fogarty, second by Cordes adopting RESOLUTION
R8-03 designating the Middle Creek Historic Cemetery as a Farmington Heritage
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February 18,2003
Page 3
Landmark, and noting the Middle Creek Historic Cemetery as a heritage landmark
on the Official City Zoning Map. APIF, MOTION CARRIED.
b) Vacate Drainage and Utility Easement Glenview Commercial Addition -
Community Development
Staff received a request from Mr. Tim Giles for approval of the preliminary and
final plat of the Glenview Commercial Addition. There is a watermain on the
property with an easement over the top of it. In order for the plat to be approved,
the easement needs to be vacated to re-establish an easement over the watermain.
Staff would like to continue the public hearing until the preliminary plat is also
presented to Council. The intent is to handle the vacation and the preliminary plat
process contemporaneously. This would be brought back to Council next month.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 2003 CDBG Fund Application - Community Development
Every year the city receives Community Development Block Grant Funds. Last
year the city received $54,126. It is estimated the city will receive approximately
the same amount this year. There are a number of properties in Farmington,
especially in the older part of the city that are in poor condition. In many cases it
is a hardship for residents to repair their properties. Staff would like to use the
CDBG money to fund a housing assistance program where people can submit
applications to the city and possibly get money from the city to help them
improve their properties. There are a couple properties where there are significant
structural problems where the properties may need to be condemned. If the city
can help the residents stay in their homes, by helping them improve their
property, that would be preferred.
Mayor Ristow asked if the County has something similar available and if that can
be used also. Staff stated the County does also have a similar program. The
County would be the first stop, but if more money is needed, the city would be
able to help. Councilmember Cordes stated in the past CDBG funds have been
used to fund part ofthe senior center coordinator salary and other pool activities.
Would any other project be in jeopardy by using this money? Staff replied no, the
city has moved away from that. Councilmember Fogarty asked if this would be
done only for a year. Staff replied it is a trial program. Councilmember Fogarty
wanted to make sure if the funding disappears in a year, it is not something that
would come from the general fund next year. Staff is not recommending that.
There is a fixed pool of money available, and when that is gone, that is all there is.
Councilmember Cordes asked how the money would be made available. By
identifying the homes or would there be a priority list? Staff stated there would
be a prioritization process. Staff would start with the properties having the worst
problems. Ifresidents do not want to work with this program, staffwill go down
the list. Some of the worst properties may not have heating or plumbing, which
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February 18, 2003
Page 4
becomes a safety issue. It could become a liability issue for the city, if staff knew
these problems existed and steps were not taken to resolve them. Councilmember
Soderberg asked if there will be a cap on how much each applicant can receive.
Staff stated that will be part of the prioritization issue. The money becomes
available in July and in the meantime, staffwill be working out those details.
MOTION by Soderberg, second by Fogarty adopting RESOLUTION R9-03
approving the city's application for Program Year 2003 Community Development
Block Grant funding. APIF, MOTION CARRIED.
b)
Schedule Workshop - Dakota County East-West Corridor Study-
Engineering
Dakota County has requested to meet jointly with staff from Farmington and
Lakeville regarding the proposed recommendations for the East-West Corridor
Study before the final public open house is held. Lakeville would also like to
discuss the 2030 Blueprint. Council suggested March 10 at 5 :00 p.m. Staff will
check with Lakeville and confirm the date with Council.
c)
McCarthy Agreement - City Attorney
There is a proposed settlement for a claim arising out of 203rd Street and the
necessity to upgrade the street in order to accommodate development to the west.
The city has an easement for the road right-of-way dating back to the mid-70's.
The easement runs through the homestead on the lot. There has been a claim with
the title company and potentially the city. A settlement has been proposed where
the city would contribute $55,000, the developer would contribute $55,000, and
the title company would contribute $55,000 to the property owner to build a new
house on another location on the lot. The cost would be split three ways for
razing the existing building after construction ofthe new home and restoring the
area consistent with the engineering layout proposed for the upgraded 203rd Street
segment. The major terms of the settlement aside from the dollar amounts are
that the property owner provide additional easements if necessary. The city
would not assess for 203rd Street in that area, the developer is financing that and
building it out consistent with the development to the west. The city would
provide the utility hookups and locations suitable to serve the new residence as
well as provide for future subdivision ofthe parcel. The property owner would
provide an option to the city for the remainder which the city is anticipated to
assign to the developer as part of consideration for their contribution of the
$55,000.
MOTION by Cordes, second by Soderberg approving execution of the proposed
settlement. APIF, MOTION CARRIED.
d) Adopt Ordinance - Signs and Billboards - Community Development
Staff has been reviewing the sign ordinance since December 2001. The Planning
Commission held a public hearing and recommended approval. Council and staff
discussed some minor modifications to the ordinance. Staff will discuss the
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February 18,2003
Page 5
changes with the Planning Commission. An application has been received for
two billboards to be placed on Pilot Knob Road just north ofHwy 50. The
applicant is Frederickson Outdoor. The Planning Commission continued the
permit application as they had questions regarding the impact of the Council
adopting this ordinance. There is a provision in the new ordinance that would
prohibit billboards on Pilot Knob Road north ofHwy 50. Staff recommended
there was an aesthetic issue due to residential development in that area. Staff
proposed limiting billboards to areas zoned I-I along Hwy 3 and Hwy 50.
Therefore, the applications are still pending. The I-I area along Pilot Knob Road
extends to the northern boundary of the existing industrial park. Billboards would
be permitted as a conditional use under the current ordinance. Councilmember
Soderberg felt in fairness to the applicant, as he applied under the old ordinance,
the billboard should be allowed along Pilot Knob Road until that area is platted.
MOTION by Soderberg, second by Fogarty adopting ORDINANCE 003-485
establishing standards for signs and billboards with modifications. APIF,
MOTION CARRIED.
11. UNFINISHED BUSINESS
This item was moved forward to accommodate the audience.
c) Consider Resolution - Akin Road Speed Limit - Engineering
The State has forwarded their results ofthe speed study along Akin Road. The
first alternative is 50 mph from CSAH 50 to 195th Street and 45 mph from 195th
Street to Pilot Knob Road. The second alternative would be 50 mph between
CSAH 50 and Eaves Way and 45 mph between Eaves Way and Pilot Knob Road.
For the second alternative to be recommended, the city would need to commit to
not posting the 30 mph statutory speed in the "urban district" area. If the Council
posts the urban district at 3Omph, MnDOT will recommend the first alternative.
Staff discussed with MnDOT why not set the speed limit at 45 mph to CSAH 50,
as the distance from Eaves Way to CSAH 50 is less than half the roadway.
MnDOT stated south ofHwy 50 the speed limit is 50 mph and they did not feel
45 mph was warranted. A resident has also discussed this with MnDOT. Mr. Ed
Brown, with MnDOT, has committed to reviewing the situation again. Ifthere is
a change in the recommendation, MnDOT would inform the Council.
Councilmember Soderberg asked ifby agreeing to this, Council is giving away
the right to designate an urban district forever. Attorney Jamnik replied no, future
Councils could designate an urban district with consultation with MnDOT.
Mr. David Pritzlaff' 20255 Akin Road, stated he spoke with Mr. Ed Brown. The
area from Eaves Way to Hwy 50 is 9/10 mile. The main issue is a consistent and
continuous speed. He asked MnDOT why go from 195th to Eaves Way at 45 mph
and then speed up to 50 mph at the bottom of the hill where there is a school.
Currently, traffic stops on Akin Road to let the school buses out. The entrance to
the school is in the middle of the 9/10 mile. Mr. Pritzlaffwould like to use the
urban district as an incentive to tell MnDOT we will not designate an urban
district if you give us a lower speed limit. He would like 45 mph from Hwy 50 to
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February 18, 2003
Page 6
Pilot Knob Road. Mr. Pritzlaffwould like the Council to not accept MnDOT's
alternatives and request 45 mph all along Akin Road.
Council discussed Mr. Pritzlaffs request and staffwill contact MnDOT with this
proposal. This item will be brought back to Council at the next meeting. Staff
asked if delaying the decision would bring any liability to the city. Attorney
Jamnik stated there would be no additional liability. Setting the speed limit would
be discretionary on the part of the Council after considering the findings and
weighing and balancing all the options. All speed changes have to be approved
by MnDOT.
10. PETITIONS, REQUESTS AND COMMUNICATIONS
e) Consider Comprehensive Plan Amendment and Zoning Map Amendment-
Knutsen Property - Community Development
Council was asked to consider if they wanted to change the comprehensive guide
plan designation and zoning for the Knutsen property located at the southwest
corner ofHwy 50 and Denmark Avenue. The Planning Commission considered
this item twice in November and December. The Planning Commission
considered a staff initiated comprehensive guide plan amendment and rezoning.
The developer has questioned how much of their property will be undevelopable.
Mr. Alexander, of New Century, was concerned they were losing approximately
10 acres that could be developed. The line between floodplain and developable
property which staff proposed was established by FEMA. Staff asked Council to
consider whether this is the most appropriate time to make a final, binding
decision on the proposed Comprehensive Plan amendment and the proposed
Zoning Map revision regarding the Knutsen property. Factors considered
included the floodplain/flood fringe issue, environmental studies, market analysis,
and urgency.
Staff held a meeting with the developer on February 13, where the developer
indicated he had decided not to request or allow development to occur east of the
906.5 elevation line. Therefore, the 906.5 (floodplain boundary) will separate the
developable and undevelopable portions of the Knutsen property. This line will
also be used as a division on the Zoning Map with Spruce Street Commercial
zoning west of the 906.5 elevation line, and Park/Open Space zoning east ofthat
line.
The environmental issues involve the Vermillion River, the shoreland ordinance,
floodplain issues, wetland issues, stormwater, and the fact that this part ofthe
river is a designated trout stream. These issues affect all of the properties in this
area and staff recommended the environmental issues should be reviewed for all
the properties at the same time. There are three different levels of environmental
review. There is the Environmental Assessment Worksheet (EAS), which is the
lowest level. The next highest is the Environmental Impact Statement (EIS), and
the highest is the Alternative Urban Areawide Review (AUAR). The city has the
right to order the level of environmental review. Staff would like to talk with the
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February 18, 2003
Page 7
property owners to see if they are interested in doing something together. The
Environmental Quality Board establishes the rules for environmental review. One
oftheir guidelines states the ability of traditional review, especially the EA W
process, to deal with cumulative impacts is limited because review processes are
designed to be project specific. When cumulative impacts from concurrent or
future projects are likely to be significant, review can often be better
accomplished through the AUAR process. The level of review has not been
resolved with Mr. Alexander or Mr. Knutsen. The main distinctions between the
EA W and the AUAR are the AUAR can be completed at an earlier stage in the
process. As part of the AUAR a mitigation plan can be developed. Council had
to decide if the environmental review question had been answered to their
satisfaction.
The city has retained the McComb Group to conduct a commercial Market
Analysis of the area. They would focus on the impact of commercial
development on the downtown area. The findings of the analysis should be
available in March. Staff felt the results of this analysis is worth Council waiting
to make a decision on the rezoning and comprehensive guide plan amendment.
The benefit to the property owners is that at some point all of the owners will
want to develop their properties. The environmental issues that exist now will
exist then. They would pay a smaller amount of money now, and when Council
decides the property is ready for development, they have everything they need.
Councilmember Cordes asked if the zoning is granted, are there still steps the
developer needs to follow? Staff replied there are, but there are things that would
flow from the rezoning Council needs to be aware of. Councilmember Cordes
stated rezoning only helps them move along. The developer still needs to go
through the environmental process. Staff stated it is a balancing test, where
Council needs to balance what may be good for a property owner, and what may
be best for the city as a whole. Councilmember Cordes felt the developer is
willing to work with the city and they seem to understand there are further steps
that need to be taken. She did not see any problem with granting the rezoning and
the comprehensive plan amendment. Councilmember Fogarty asked if the
developer is being approached by businesses now? It seems staff would like to
wait for the analysis, but we need more commercial development in Farmington.
She didn't feel rezoning would cause any harm. Staff replied the question as to
whether harm would result is why staffhas suggested Council wait another month
or so. Staff cannot guarantee no harm will result. The property owner would
prefer to get this rezoned. It is not clear to staff as to why it needs to be rezoned
now, given all the other steps they have to go through. Staff does not see any
detriment to the owner to waiting a month or two. The reason for doing a market
study is to try to figure out whether the Farmington market can support new
businesses that would come to this area, but also support businesses we have now.
Council has a right to approve the rezoning, but they also have the right to say the
City has invested a great deal of time and money into improving the downtown.
Some business owners are asking what happens if a larger business like theirs
comes to the commercial area? The market analysis would provide that answer.
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February 18, 2003
Page 8
There is a range of tools available to Council to make sure what is put in the
commercial area is complimentary to what the city already has. Council could
delete or add to the list of permitted uses, take a permitted use and make it a
conditional use, place size restrictions on the business, and Council could control
timing issues.
Mr. Matt Alexander, of New Century, stated they would like to move forward
with a process that was started quite a while ago. The developer's engineers and
the city engineers have met to determine the line between developable and non-
developable areas, which was the first issue raised by the Planning Commission.
The second issue was regarding the environmental impact question. There are
three corridors when it comes to environmental impact on the river. Mr.
Alexander felt stormwater would drain directly to the river. They have spent a lot
of money to answer these questions. Councilmember Fogarty stated if Council
does not approve the rezoning now, they are not holding the developer up from
anyone who is interested. Mr. Alexander stated the majority of the property is
verbally spoken for and they cannot proceed with the way it is currently zoned.
Councilmember Soderberg did not see where the environmental issue has been
answered. Mr. Alexander stated he received a letter from staff stating if they wish
to proceed with the submission of an EA W, they can do so, and if a higher level
of environmental review is needed, the developer would be notified. Mr.
Alexander stated they would pay for that when it happens and they are willing to
take the risk on just an EA W at this point. Councilmember Soderberg stated an
EA W would be the first step, and an EIS would be the second step. Mr.
Alexander stated the Environmental Quality Board states it is mandatory for an
EA W for a third or fourth class city of 200,000 sq ft. minimum. For 500,000 sq
ft. an EIS is mandatory. This area falls below the 500,000 sq ft so New Century
will proceed with an EA W at their expense. Councilmember Soderberg asked if
they proceed with an EA W, where does that leave the rest of the parcels? If the
rest of the property owners agree to do an AUAR, is there considerable
duplication, is there benefit to both to have an EA W done on this parcel and an
AUAR on the balance? Staff stated the city would have to address if it makes
sense to have an AUAR in process for all the other parcels except this one. There
is a chance the EQB would say why have this done two different ways instead of
all at once.
Councilmember Fitch stated according to staffs letter to the developer, it talks
about the EA W and the AUAR, and it says this type of determination is typically
made after the city receives a site plan or preliminary plat application, which is
the next step after rezoning. Staff stated this doesn't necessarily have to be the
order. Staffwas being pressed for a decision as to what level of environmental
review would be needed and at this point, staff doesn't have a lot of information in
order to make that decision. Councilmember Fitch stated staff would not know
that until it has been rezoned, make the comprehensive plan amendment, and the
developer comes in with a site plan and some type of preliminary plat. Staff
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February 18, 2003
Page 9
stated it does not have to be rezoned to get that question answered. If the
developer came in with a site plan, even before it is rezoned, that would enable
staff to answer the environmental review question. Councilmember Fitch stated
the question here tonight is not rezoning. That is not answering the city's
questions regarding the environmental issues. Staff acknowledged rezoning does
not resolve the question. Councilmember Fitch stated it doesn't resolve it, but
does it inhibit it? Staff replied Council has to decide if they want to rezone it with
questions unanswered. Councilmember Fitch stated regardless of approval,
regarding the marketing plan, is the city looking at protecting our businesses?
Are we going to say no, someone cannot build another store here? Staff stated
that decision is up to Council. In a short period of time, Council will have that
information and know what the potential ramifications are. The current zoning is
more for a business park and very limited retail and commercial business.
Councilmember Soderberg stated he does not want to see a relocation of the
downtown to the detriment of what we have already invested in the downtown. It
can expand out to this area, but he would like more information as to how it will
impact the downtown. That is all staff is asking us to do is to wait for the market
analysis. Councilmember Fitch stated at this point, the developer does not have
anything on paper showing what types of businesses will be in the area.
Councilmember Soderberg stated so a delay of four weeks will not impact it one
way or the other. Councilmember Fitch replied that is your opinion. He would
like to see the commercial development get going. Councilmember Fogarty felt
the traffic that could be created coming to this area, would help the downtown.
Council still has final say on anything that comes through.
MOTION by Fitch, second by Cordes to amend the 2020 Comprehensive Plan
for the Knutsen property from Business Park to Commercial (western portion)
and Environmentally Sensitive (eastern portion); and amend the Zoning Map for
the Knutsen property from Business Park to Spruce Street Commercial (western
portion) and Parks/Open space (eastern portion).
Attorney Jamnik pointed out that Council is proceeding without a formal
recommendation from the Planning Commission which is a departure from
Council's normal practice. Under the statute, the timeframe by which the
Planning Commission gets an uninterrupted chance to review it has passed, so it is
jurisdictionally proper for the Council to act if you want to. Mayor Ristow stated
there were two issues and it seems like those two issues were resolved. Attorney
Jamnik replied the environmental review and the flood plain issues were resolved.
There was some concern regarding the market study and whether or not the
permitted uses under the commercial zone designation should be adjusted
following the market plan. By proceeding now, you will make it more difficult
should you choose later to try to restrict particular commercial uses from these
zones. You will have to start another process and it may not affect the pending
application similar to the billboard situation. Councilmember Soderberg felt
Council needed more information, and does not think it will hurt to wait four
more weeks. There will be some commercial and retail development there. There
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February 18,2003
Page 10
is not an urgency to get it done now. Mayor Ristow stated there are still steps
where that will be worked out.
Voting for: Ristow, Cordes, Fitch, Fogarty. Voting against: Soderberg.
MOTION CARRIED.
11. UNFINISHED BUSINESS
a) Appoint Councilmembers to ALF, CEEF, and EmpirelFarmington Planning
Advisory Committee - Administration
1) ALF Ambulance Board appointment Primary and Alternate - MOTION by
Fitch, second by Cordes to appoint Councilmember Fogarty as the alternate to the
ALF Board. Voting for: Ristow, Cordes, Fitch, Soderberg. Abstain: Fogarty.
MOTION CARRIED. MOTION by Ristow, second by Fitch to appoint
Councilmember Cordes as the primary to the ALF Board. Voting for: Ristow,
Fitch. Voting against: Fogarty, Soderberg. Abstain: Cordes. MOTION
FAILED. MOTION by Fogarty, second by Cordes to appoint Councilmember
Soderberg to the ALF Board, as he has been the alternate and he has accepted the
position of Chair. Voting for: Ristow, Cordes, Fitch, Fogarty. Abstain:
Soderberg. MOTION CARRIED.
2) Castle Rock, Empire, Eureka, Farmington (CEEF) Appointment - MOTION
by Fogarty, second by Fitch to appoint Councilmember Cordes to the CEEF
Committee. Voting for: Ristow, Fitch, Fogarty, Soderberg. Abstain: Cordes.
MOTION CARRIED.
3) Joint FarmingtonlEmpire Planning Board Appointments - MOTION by
Soderberg, second by Fitch to appoint Councilmember Fogarty to the
Empire/Farmington Planning Board. Voting for: Ristow, Cordes, Fitch,
Soderberg. Abstain: Fogarty. MOTION CARRIED.
4) Housing and Redevelopment Authority - MOTION by Fitch, second by
Cordes to appoint Councilmember Soderberg to the Housing and Redevelopment
Authority. Voting for: Ristow, Cordes, Fitch, Fogarty. Abstain: Soderberg.
MOTION CARRIED.
Counci/member Cordes left the meeting at 9:55 p.m.
b) Strategic Planning Retreat - Administration
A leadership and strategic planning retreat was held in 2002 and at that time it
was agreed these retreats be held annually. The retreat was tentatively set for
AprilS, at 8:00 a.m. at the Police Facility.
12. NEW BUSINESS
Council Minutes (Regular)
February 18,2003
Page 11
13. COUNCIL ROUNDTABLE
a) Update - NPDES Phase II - Storm Water Pollution Prevention Plan-
Engineering
The city is required to compile an application and permit which includes a storm
water pollution prevention plan for the new NPDES Phase II rule. The due date
for the application is March 10. A draft will be brought to Council in March. The
MPCA gave the city an extra 60 days to complete the storm water pollution
prevention plan.
Councilmember Soderberg: Councilmember Soderberg stated regarding the issue of the
Knutsen property, rather than having an item sent to the Council with contingencies
placed on it, he would rather the Planning Commission resolve their work and make a
clean recommendation rather than leaving it open ended.
Councilmember Fogarty: She received e-mails regarding the fact that the city does
not have a policy in place regarding vacated Council seats. She would like Council to
consider putting one in place. She would like an ordinance that would allow for special
elections. What this last appointment has cost the city, has far exceeded what a special
election would have cost. This has happened once a decade where a seat has had to be
appointed and the cost over many years is minimal compared to the uproar that happened
in this city. She felt Council owes it to the residents. This is no longer a small town and
there are many cities that would consider nothing else. Mayor Ristow asked Attorney
Jamnik ifhe could obtain some information on Councilmember Fogarty's suggestion.
Attorney Jamnik stated he would work with staff on the ordinance and costs for a special
election.
Mayor Ristow:
tournament.
Wished the girls hockey team good luck in the state hockey
14. ADJOURN
MOTION by Soderberg, second by Fogarty to adjourn at 10:06 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
C;~~~ ,/77~di/J
;7'
Cynthia Muller
Executive Assistant