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HomeMy WebLinkAbout03.03.08 Council Minutes COUNCIL MINUTES PRE-MEETING MARCH 3, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Kevin Schorzman, Interim City Engineer; Lisa Shadick, Administrative Services Director; Lee Smick, City Planner; Tony Wippler, Assistant City Planner; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty asked about the work proposed for the entrance to the ice arena and asked if the leak in the floor should be repaired first. The leak will also be fixed. Councilmember Fogarty noted the bid for the Solid Waste truck is $100,000 less than budgeted and asked about the difference. Staff had anticipated an increase in cost and that increase did not occur. The other half is from the trade-in. Council agreed to move this to the Consent Agenda. Councilmember Fogarty asked how the item with the impound lot was raised. Staff explained there is an impound lot business that would like to open in Canton Court. Staff would like this to be a permitted use as it is similar to auto sales. A permitted use would allow the business to open quickly. If the owner is required to obtain a CUP, it would be a longer process. The Planning Commission recommended a CUP. Councilmember McKnight had the same questions regarding the work at the ice arena. His concern was that there is not a plan in place for the restoration of the entire facility. City Administrator Herlofsky felt the area would be used for another 4-S years and that was the reasoning for the repair. Councilmember McKnight noted he would like to use the arena for another 40 years. Council Minutes (Pre-Meeting) March 3, 2008 . Page 2 Councilmember Wilson requested City Administrator Herlofsky provide a summary of his accomplishments in 2007 for his performance evaluation. Regarding a future workshop, he felt there was good discussion at the retreat last fall, but they did not establish strategic goals for what they want to accomplish over the next 3-5 years. Councilmember Pritzlaff noted City Attorney Jamnik sent a response to Ms. Shannon Walsh regarding her comments at the last Council meeting and he was not happy with the response. Councilmember Pritzlaff commented on the entrance work at the arena and asked if there was a different way to accomplish the same thing at a lower cost, such as metal slots for the snow to slide off. Mayor Soderberg noted Evergreen Land Services is showing up on the list of bills every couple weeks. City Attorney Jamnik noted they are still dealing with the condemnation work. 5. STAFF COMMENTS City Administrator Herlofsky noted there will be a tour of the new City Hall on March 14,2008, at 3:00 p.m. for Council and all employees. 6. ADJOURN MOTION by Fogarty, second by Pritzlaffto adjourn at 6:43 p.m. APIF, MOTION CARRIED. Respectfully submitted, 57-~ o'?~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR MARCH 3, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Kevin Schorzman, Interim City Engineer; Lisa Shadick, Administrative Services Director; Lee Smick, City Planner; Tony Wippler, Assistant City Planner; Jen Collova, Natural Resources Specialist; Cynthia Muller, Executive Assistant Daren Labere, Shelly White, Angel and Denson Malone, Shelley Janos, Kevin Waldbillig, John Rutert, Ross Greischar, Brian Johnson, Peter Coyle 4. APPROVE AGENDA Councilmember Fogarty moved item 9a) Solid Waste Truck Bid Award to the Consent Agenda. Councilmember McKnight pulled item 7k) Solicitation of Quotes for Schmitz- Maki Arena Entrance for separate discussion. Councilmember Wilson pulled item 7m) Administrative Services Agreement for HRA and FSA for separate vote. MOTION by Pritzlaff, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Fire Fighters - Fire Department Fire Chief Pietsch introduced two new fire fighters, Jason Conway and Nathan Sole. 6. CITIZEN COMMENTS Mr. Bob Donnelly, Flagstaff Avenue, noted on their farm they have a mobile home and bought a new one to replace it. When they came to the City to see if they needed to put pillars under it, staff informed them that a mobile home was not allowed in A-I. Mr. Donnelly noted they have had a mobile home there since the mid-1960's. The home is for their hired help. He asked if they could get a variance. Council Minutes (Regular) March 3, 2008 Page 2 City Attorney Jamnik noted staffs initial research ofthe ordinance indicated there is no provision in the A-I zone for replacing the mobile home and his research confirmed it. The existing mobile home could remain and be maintained or restored, but replacing it with a new mobile home on that site is not permitted under the code. A variance cannot be issued. The only remedy would be to amend the code. That option was presented to the Planning Commission and they did not direct staff to notice a public hearing for a code revision. The code would have to be modified to allow it as a conditional use or a permitted use. Currently, there are three mobile homes in the A-I zone. Councilmember Pritzlaff asked if the code was amended, would it be to replace what is there. City Attorney Jamnik stated a zoning change would include anything in the A-I zone for farms to have housing for workers or family members. It is not an uncommon provision in agricultural zones for farmers to have an allowance for worker housing. City Planner Smick noted it was brought up informally to the Planning Commission and they were not interested in seeing mobile homes in the A-I district. Mayor Soderberg suggested providing Mr. Donnelly with a written response. In addition, he would like to know how many parcels that would impact in the City. Councilmember Fogarty would like to know what the thought is behind prohibiting it. City Planner Smick noted around 1987 the City Council allowed the Christensen property to have a mobile home. Mr. Donnelly stated the farmers need to have housing for the hired help. This is long- term housing. This gentleman and his family have been with them for three years and they would like to reward them with a new mobile home. a) Response to Ms. Shannon Walsh - City Attorney City Attorney Jamnik sent Ms. Walsh a response to her comments. 7. CONSENT AGENDA MOTION by Pritzlaff, second by McKnight to approve the Consent Agenda as follows: a) Approved Council Minutes (2/19/08 Regular) b) Received Information Capital Outlay - Municipal Services c) Approved School and Conference - Fire Department d) Approved School and Conference - Fire Department e) Approved School and Conference - Fire Department t) Approved School and Conference - Fire Department g) Received Information School and Conference - Police Department h) Approved School and Conference - Natural Resources i) Approved School and Conference - Parks and Recreation j) Received Information Capital Outlay - Parks and Recreation I) Approved Sub-Contract and Payment Bond for City Hall Cabling - Human Resources n) Approved Bills 0) Adopted RESOLUTION R16-08 Approving Solid Waste Truck Bid Award- Municipal Services APIF, MOTION CARRIED. Council Minutes (Regular) March 3, 2008 Page 3 k) Approve Solicitation of quotes for Schmitz-Maid Arena Entrance - Parks and Recreation City Administrator Herlofsky stated staff has requested to install a covered entrance on the west side of the ice arena. It is proposed to extend the entrance further out to keep snow from falling on customers as they are entering and leaving the arena. Staff is requesting to obtain quotes for the work. Councilmember McKnight stated, not that the work should not be done, but his concern was that there is not a plan in place for the bigger maintenance items for the facility. He was concerned with spending $48,000 on one issue. He suggested that it be delayed until they can discuss the more serious issues. Councilmember Pritzlaff suggested for the short term, to install some metal slats on the roofto keep the snow from sliding off and install a rain gutter to divert the water away from the entrance. Mayor Soderberg was concerned with the cost. The item was removed from the agenda. m) Approve Administrative Services Agreement for HRA and FSA - Human Resources MOTION by Pritzlaff, second by McKnight to approve the Administrative Services Agreements between the City of Farmington and HealthPartners Administrators, Inc. Voting for: Soderberg, Fogarty, McKnight, Pritzlaff. Abstain: Wilson. MOTION CARRIED. 8. PUBLIC HEARINGS a) Approve Therapeutic Massage License - Administration Mr. Denson Malone has applied for a Therapeutic Massage license to practice massage at his home at 1212 Oak Street. The Planning Commission approved a Conditional Use Permit at their meeting. Councilmember Pritzlaffnoted if there is increased traffic if the business grows, this will be reviewed. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Fogarty to approve a Therapeutic Massage license for Denson Malone at 1212 Oak Street. APIF, MOTION CARRIED. b) NPDES Phase II Annual Report-Natural Resources Farmington is required to follow the NPDES Phase II requirements because the population is over 10,000. Operators of small municipal, separate storm sewer systems need to obtain authorization to discharge pollutants to surface water. Requirements were put into effect in 2003. The City is required to develop a storm water management plan designed to prevent harmful pollutants from being washed by storm water runoff into the municipal storm sewer and then discharged into local water bodies. There are six minimum control measures. There are 60 best management practices the City is required to follow. Farmington is meeting Council Minutes (Regular) March 3,2008 Page 4 its non-degradation requirements. Mayor Soderberg noted the City would be doing much ofthese requirements anyway because we care about the river, but asked staff to inform Council how much the City is spending on this federal mandate. MOTION by Fogarty, second by McKnight to close the Public Hearing. APIF, MOTION CARRIED. c) 2008 Seal Coat Project Hearing - Engineering Staff listed the streets included in the seal coat project. The feasibility report estimated the project cost at $172,670 which comes to an assessment of $116 per residential equivalent unit. Bids were received for the project and the low bid was $138,000 with an estimated assessment of$93. Seal Coat projects are done through a Joint Powers Agreement with several cities which is administered by the City of Burnsville. Councilmember Pritzlaff asked about the streets in Riverside West and Cascade Drive to be seal coated for the first time. He asked if something was done 7 years ago or 3 years ago with those streets. Staff replied Riverside West was constructed and the wear coarse placed 3 years ago so this is the first time it will be seal coated. This section is the second cul-de-sac of the two. Cascade Drive is in Tamarack and was constructed in the same timeframe. Councilmember Pritzlaff noted he received a call from a resident regarding Westview Drive and Westview Court asking if it was time for a seal coat. Staff researched the item and noted the last seal coat was done 7 years ago. Streets will be evaluated in the spring to make sure a seal coat is the proper maintenance. Mr. Kevin Waldbillig, 908 Westgail Court, stated he is not questioning the cost of the seal coat project. There are three cul-de-sacs on his road; in one the water drains to the high school, in the second the water drains properly, but in the third one which is closest to the park, the water puddles in front of the homes. The City has done some patching, but it just moves the water to a different spot. He noted they said the streets would be reviewed again and wanted to make sure their area would be reviewed again. They do not want to pay for a seal coat if it needs a reconstruction. Staff will look at the area. MOTION by Pritzlaff, second by Wilson to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to adopt RESOLUTION R17-08 ordering the 2008 Seal Coat project, approving plans and specifications and authorizing the City to complete these improvements as part of the Joint Powers Agreement with Burnsville. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT Council Minutes (Regular) March 3, 2008 Page 5 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Text Amendment Impound Lot - Planning Staff is proposing to add impound lot as a use in the B-3 zoning district. A business wants to open an impound lot in Canton Court. The Planning Commission has approved the text amendment for a conditional use. Staff proposes this be a permitted use. The Planning Commission recommended vehicles be parked inside the building or outside in the rear of the building. Screening would have to be a wood fence as it needs to be 100% screened. Council was concerned with the possibility of the business growing and therefore, preferred it be a conditional use. There are also other areas in the City zoned B-3 where a CUP would be preferred. MOTION by Fogarty, second by McKnight to adopt ORDINANCE 008-580 amending Section 10-2-1 concerning definitions and 10-5-15 (C) 1 concerning the B-3 zoning district. APIF, MOTION CARRIED. b) Comprehensive Plan Amendment, Preliminary Plat and Schematic PUD - Fairhill Development - Planning The existing comprehensive plan amendment for Fairhill was approved in 2006. This amendment is due to the housing market. The developer has increased the low density residential acreage from 192 acres to 513 acres. The low-medium density residential has decreased from 365 acres to 45 acres. Staff presented a draft PUD Agreement and would bring it back at a later date for approval. The developer is seeking a 20 year agreement. This would lock in the concept site plan as well as any ordinances currently in place. When a normal subdivision is approved, the ordinances are locked in for two years. The East Farmington PUD was 15 years. Staff feels 20 years is acceptable due to the size of the project and the current housing market conditions. The site plan shows a main north-south spine road, the roundabout at the intersection of I 95th Street and TH3, and cul-de- sacs. The original site plan showed 331, 45 ft. wide lots. The current plan shows 249. There will be a total of2,181 - 3,869 units. There will be multi-family and single family homes. The plan shows a community park in the southwest corner, a central park in the center of the development, and several neighborhood parks. The Parks and Recreation Commission has approved the parks and trails. A PUD Agreement allows the developer to vary from the City code. One item this includes is the required setbacks. The developer proposes a 12 ft. front yard setback, a 6 ft. interior side yard setback, a 12 ft. corner lot side yard setback, and a rear 10ft. setback. Normally a 20 ft. setback is required in the front yard. Another difference is lot coverage. The 45 ft. wide lots have a coverage of 50%, 55 ft. wide lots have a coverage of 45%, 65 ft. wide lots have 40% coverage, and 75 ft. wide lots have 35% coverage. The code allows for 30%-35% lot coverage. Sunrise Ponds was approved for 36 ft. wide lots with 40% coverage. The preliminary plat consists of 241 residential lots. They are proposing boulevard trees with the development and they would be the responsibility of the home owners association. There are three conditions on the preliminary plat: Council Minutes (Regular) March 3, 2008 Page 6 1. The community park be contained in a separate outlot by itself. This would allow it to be transferred to the City quicker. 2. The developer is leaving a corridor open for Diamond Path. However, staff would like to see the portion in the southwest corner up to 189th Street outlotted. 3. The City would like to see a one-acre outlot for the water tower site in the central part. Mr. Peter Coyle, representing Newland Communities, acknowledged the efforts of City staff and the unbelievable amount of time they have spent on this project. He noted the objective of the comprehensive plan amendment is simplicity. Mr. Coyle stated the concept plan is their best guess as to how the property could be built out. They are projecting a 20 year development plan as they do not know when the market will rebound. The developer will watch the market to determine when to bring the first phase of 241 lots to Council for a final plat. They intend to work with staff on a scenario to allow for the dedication of I 95th Street to occur as soon as possible. The City benefits in the following ways: - 195th Street will be dedicated and constructed within the next two years. - They continue to show an area along the west side that could be a future contour for Diamond Path. - The developer has provided substantial public and private park areas. They are providing 92 acres of parkland. The community park consists of 42 acres and the central park area will be 50 acres. - Preservation of a water tower site. Councilmember McKnight felt the increase in the 45 ft. wide lots is similar to something the City already has. Mr. Coyle replied the totality of the project is unique for the City. To take a 1,000 acre site and develop it as a total package gives the City the unique opportunity to accomplish the right-of-way improvements discussed, substantial park areas, but the trade is that the developer has to have a way to pay for this. It has to be paid for by buildable lots the market will sustain. Whether they actually pursue the level of 45 ft. wide lots or 50 ft. wide lots remains to be seen. The layout and the design of the property are umque. Councilmember Knight noted they are looking at phase one in one month, will other phases come to Council? City Attorney Jamnik replied every phase will come to Council as a final plat or a final plat plus a PUD amendment if needed. Councilmember McKnight asked if the City will have to purchase the water tower site. City Attorney Jamnik noted that is part of the negotiation process for compensation. Councilmember McKnight asked about the PUD Agreement and the implications to the City. City Attorney Jamnik stated the general rule is that after final plat approval no changes to official controls impact the plat for two years. In order to provide the certainty for the developer to get the number of Council Minutes (Regular) March 3, 2008 Page 7 units and return on their investment, the proposal is that the City would not change lot size, density, or other development standards for this development for 20 years. The City has never gone that far out on a contract. The agreement places the cost of Diamond Path on the City. Regarding the payout of the bonds and when the development would have to start contributing shares to the infrastructure improvement will not be finalized until the City has an idea of the payment plan and schedule. Councilmember McKnight noted not requiring a Letter of Credit is an issue for him. Councilmember Fogarty is concerned with Diamond Path and the length of 20 years for the PUD Agreement. She noted the spine road is a straight shot through the development and speed is a concern. The developer stated it was designed to take higher speeds. It is a collector road and there are no driveways. Councilmember Wilson noted the Deerbrooke extension is not part of the development and felt it was not a fair road to show on the plan. Mr. Coyle noted they were requested to show it even though they are not constructing it. Councilmember Wilson asked about the lot width for the low density residential. Mr. Coyle replied there are 249 - 45 ft. wide lots, 700 - 55 ft. wide lots, 476 - 65 ft. wide lots, and 226 - 75 ft. wide lots. The precise mix will be dictated by market conditions. Councilmember Wilson would prefer to have a 10-year PUD Agreement for more City protection. Mr. Coyle noted this is a front loaded project. The City gets all of its benefit in the early stages of the development, such as 195th Street and the park area. Councilmember Pritzlaff noted the 45 ft. wide lots have a 6 ft. side setback and 12 ft. setback from the front and lots are 110ft. deep. He asked what size house would fit on that lot. Staff noted the house could be up to 3,000 sq. ft. with 47% lot coverage. The developer noted the garage would have a 20 ft. setback. Councilmember Pritzlaff asked why the right-of-way for Diamond Path is not dedicated to the City right away. Mr. Coyle replied the introduction of Diamond Path into the planning was done recently. There is no clear expectation as to whether Diamond Path will be built. There is a very large expanse of unbuildable area that is going to make the cost of construction of Diamond Path a challenge. There will be no benefit to Newland for much of that corridor, so their view is if they need a portion of Diamond Path built for their development, they would contribute to the cost of that construction. However, the developer has no immediate plans for development of the west side. They will work with the City to protect that area, but they are unwilling to make the commitment to pay for it or build it and they have not consented to staffs request to dedicate it. Councilmember Pritzlaff asked how that would be worked out in 15 years. Mr. Coyle noted the need is speculative. There are mining permits north of the site that go on for decades. Councilmember Pritzlaff asked about the location for the third fire station and suggested having more than one acre for the water tower to allow room for a fire station. Council Minutes (Regular) March 3, 2008 Page 8 Mayor Soderberg had no problem with the agreement being for 20 years. It puts the current controls in place. He asked how the mix of lots are arranged? Ms. Shelly White replied they will create villages with neighborhoods rather than alternate lots of different sizes. Mayor Soderberg asked about storm water treatment. Mr. Brian Johnson, Westwood Professional Services, stated the ponding designs do include infiltration basins and treatment. Mayor Soderberg appreciated the developer outlotting the area for Diamond Path. He had a concern with 12 ft. setbacks for the front yard. The developer noted the garages will be setback 20 ft. Mayor Soderberg would prefer to outlot the community park early on in the process. Mr. Coyle noted the first phase plan does include some initial park facility. He stated staff has indicated they would like an additional 10-15 acres adjacent to the 42-acre park for future expansion. An agreement has not been reached, but the developer is willing to work with the City. Councilmember Pritzlaffnoted there will be a connection on 194th Street to TH3 with a right-in, right-out. He asked ifthere was a concern with the number of accesses to TH3. Mr. Coyle noted that connection is under the jurisdiction of Empire Township. If MnDOT closed the connection, that would be outside of their control. That phase is 3-7 years out. This development will be discussed further at a Council Workshop. c) City Hall Budget Update - Administration City Administrator Herlofsky presented an updated budget for the new City Hall project. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Storm Water Facility Maintenance Update - Natural Resources Natural Resources Specialist, Jen Collova, presented information on restoration around storm water ponds in the City. There are 11 sites undergoing total plant management and three sites that are thistle removal sites. City Administrator Herlofsky and Council noted that communication to residents has been great. 13. COUNCIL ROUNDTABLE a) City Hall Tour - Administration There will be a tour of the new City Hall for Council and employees on March 14, 2008 at 3 :00 p.m. Councilmemher Fogarty: Congratulated the girls' hockey team for taking fourth in state. Council Minutes (Regular) March 3, 2008 Page 9 Councilmember McKnight: The Economic Growth Committee talked about City fees on developments. He asked staff to track City fees on a new business in Tamarack for an example. Councilmember Wilson: He enjoyed participating in the Polar Plunge with the Police Officers and Councilmember Pritzlaff. They raised money for Special Olympics. The event they attended raised $71,000. Councilmember Pritzlaff: He e-mailed Council and staff with an update on the MVT A event last week. There were a couple people who received driver of the year as they have no accidents and do not miss a day of work. Locally, the Polar Plunge raised $1300. Mayor Soderberg: The past week has been consumed with a new grandson. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 9:29 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/r)~~ Cynthia Muller Executive Assistant