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HomeMy WebLinkAbout05.13.19 Work Session Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES WORK SESSION MAY 13, 2019 Mayor Larson called the work session to order at 6:00 p.m. Roll Call Present-Larson, Donnelly, Bernhjelm Craig and Hoyt Absent-None Also Present-Administrator McKnight, Public Works Director Gehler, Community Development Director Kienberger, Police Chief Rutherford, Planning Manager Wippler, Parks and Recreation Director Distad and Attorney Kendall. Agenda Motion by Bernhjelm, second by Hoyt, to approve the agenda. APIF, motion carried. Mystic Meadows Outlots Public Works Director Gehler reviewed the encroachment issue in the Mystic Meadows neighborhood that the city council has been discussing the past few months. At the February and March work sessions the city council discussed and gave direction to city staff to acquire the outlots in this development through purchase. A neighborhood meeting was held on April 23, 2019 to gather resident input on how to address the residents use of the outlots with the city's stormwater management obligations. The city received 76 comments from 50 property owners along with a petition signed by 173 residents representing 56 properties. The common theme from the resident comments included: 1. Retain recreational use of the lake 2. Need to control willows 3. Need to replace walking path 4. Allow adjacent property owners to have access from their property 5. Allow property owners to maintain the buffer areas 6. Allow adjacent property owners to have docks/floating platforms 7. Deed the property to adjacent land owners 8. Maintain or grandfather in existing improvements 9. Public access/city fishing platform May 13, 2019 Work Session Minutes - 1- 10. Keep the pond/lake natural. Remove unnatural landscape (beaches, docks, etc.) 11. City does not have a good track record of maintaining natural areas Several of the themes are supported through existing city codes, policies or standard operating procedures. Councilmember Donnelly asked if the 11 issues were ranked or the most common. Gehler stated they are the most common. Maintain Recreational Uses Based on community input, residents are utilizing the pond and buffer for a variety of recreational uses including swimming, boating,fishing and winter skating. None of these recreational activities are restricted. Staff is not recommending any changes to these types of recreational uses. It should be noted that given the primary function storm water ponds provide, water quality testing is not completed to ensure it is safe for recreational use. Maintain Access to the Pond from Individual Properties The city has historically allowed property owners adjacent to a pond to access the pond through a mowed strip up to 10 feet in width. Staff is not recommending any changes to this operational procedure. Maintenance of Trails The preliminary trail replacement plan funding provides for replacement of 1,800 feet of trail in 2020. There is approximately 1,300 feet of trail along the pond recommended for replacement at an estimated cost of$65,000. Ahead of the trail work, willow control should be completed. Maintenance of Pond Buffers Pond buffer maintenance is looked at two separate ways. Maintenance of the areas easily accessible through public property and the other areas that cannot be accessed without going on private property. Councilmember Craig asked if there are methods to treat the willows that are not toxic. Gehler stated there are sprays made to be used around water. Gehler reviewed the staff proposal to replace buffer signs around the pond. Mayor Larson asked if a survey would be required. Gehler stated we would first look to find property pins. May 13, 2019 Work Session Minutes -2- Gehler reviewed the four levels of encroachments that exist in the city and around this specific pond. Councilmember Bernhjelm clarified that decisions made tonight apply to all city properties and we need to be consistent and enforce the city code. She thought the encroachments should be removed and the city should work with the residents on buffer maintenance issues. Asked what about the next property owner who builds on city property. Councilmember Donnelly is not completely sold that taking a black and white approach was the right approach. He felt the city has some responsibility for this situation even if we did not own the land. Councilmember Hoyt agreed with the not hurting property owners approach but worried about other city properties. The city has some culpability in this situation. Mayor Larson stated that this issue is not one person's fault, we cannot go back and change the past and was trying to use common sense on this issue. Councilmember Craig was concerned about those neighbors who have followed the rules and not built in the buffer. She could only support this with some type of sunset clause. The city council held a lengthy discussion on a variety of issues related to this topic including public fishing piers, docs/swimming platforms, beaches, encroachment agreements, water quality, the impact of this decision on all public properties that abut private property, setting precedence, storage of items on buffers, city liabilities and immunities, being consistent in the enforcement of our codes, beaches, level one and two encroachments,grandfathering of current encroachments,the ability to enforce decisions made on this issue, sun setting as a part of encroachment agreements and more. Many residents shared their thoughts and asked questions of the city council throughout the work session. Community Development Director Kienberger asked the city council to keep enforceability in mind on these decisions. Most of the items being discussed are not included in the city code. City councilmembers had different opinions on all issues but a consensus of a majority of the city councilmembers on this issue included: 1. Recreational activity is allowed on the pond, no motors of any kind are allowed. 2. A 10 foot mowed path to allow access to the water is allowed. 3. Willow control will occur in 2019, path repair will be planned for in 2020. May 13, 2019 Work Session Minutes -3 - 4. A guidance document for community education on buffers will be developed. 5. Buffer signage will be replaced in the Mystic Meadows development. 6. A communication plan on the appropriate work that can be done in the buffers will be created. 7. No storage is allowed in the buffers. 8. Docs/swimming platforms are allowed and an encroachment agreement will be developed by the city attorney for those with docs. Docs must be removed each fall. 9. A ten-foot beach will be allowed, those beaches that are currently larger than 10 feet should be reduced to ten feet. 10.The city and the neighbors will work together on willow removal. 11. Level one and two encroachments will be dealt with individually. An encroachment agreement will be developed by the city attorney. The city council direction was to have the encroachments removed upon sale of the property or the end of the lift cycle of the encroachment, whichever occurs first. 12. No new encroachments are allowed in any city buffer. Councilmember Bernhjelm did not support the approach taken by a majority of members due to concerns about consistent enforcement throughout the community,treating this property different than other city owned property and the future impact on the city. Flagstaff Snow Fence Review This issue will be brought back to a future city council work session. County Road 50 Utility Assessments Public Works Director Gehler reviewed with the city council two projects to extend water and sewer along County Road 50 from Akin Road to Pilot Knob Road in the late 1980's. The cost of the improvements were assessed to benefitting properties. Areas within the first phase of the industrial park and Northern Natural Gas were assessed along with the agriculture properties south of County Road 50. Given the green acres of the southern properties, the assessments were deferred until development while continuing to accrue interest at a rate over 8%. There is one parcel from the original assessment roll that is continuing to accrue interest on a deferred basis. This parcel is 80 acres located west of the Vermillion River Crossings development and was assessed a total of$192,000 for both projects. Given the time that has passed and the continued accrual of interest, the current amount of the assessment is$682,000 that will be due upon sale or development of the parcel. This amount has raised concerns when put in context with other fees that are charged with development. For this 80-acre parcel, area charges for sewer and water that will be paid at the time of platting would be on the order of$500,000. May 13, 2019 Work Session Minutes -4- Councilmembers debated the merits of removing the assessment now or in the future when we are approached by a potential buyer. All city councilmembers supported making the future development of the property as easy as possible and hoped for it to occur as soon as possible. A majority of the city council supported moving forward with the process to remove the assessments now. City Administrator Update None. Adjourn Motion by Bernhjelm, second by Craig,to adjourn the meeting at 9:19 p.m. APIF, motion carried. Respectfully Submitted David McKnight, City Administrator May 13, 2019 Work Session Minutes -5-