HomeMy WebLinkAbout11.17.08 Council Minutes
7a.-
COUNCIL MINUTES
PRE-MEETING
November 17, 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;
Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation
Director; Kevin Schorzman, City Engineer; Todd Reiten,
Municipal Services Director; Lisa Shadick, Administrative
Services Director; Lee Smick, City Planner; Tony Wippler,
Assistant City Planner; Cynthia Muller, Executive Assistant
2. APPROYEA GENDA
MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMMENTS
4, COUNCIL REVIEW OF AGENDA
Councilmember Fogarty asked for an update on the East Farmington Homeowner's
Association issue. City Attorney Jamnik stated the homeowners association was
involved in a dispute with residents in the 4th Addition. The resolution was that the
residents in the 4th Addition were released from any association obligations because
Sienna Development had failed to record the restrictive covenants against that plat so
they were not bound by that. Consequently, they were not paying dues for two private
streets in the development as well as dues to maintain the common area parks. The
association was in a lawsuit with Sienna regarding compensation for that error on the part
of Sienna. That matter was resolved and the homeowner's association finds itself the
owner of the streets and the common park areas but without any ability to charge the
residents that abut those improvements for any compensation, Consequently, the
association has approached the City asking Council to consider whether the City would
take over responsibility for those private park areas or if the City had any problem with
the association selling the private park areas. The City needs to develop a
recommendation and asked if Council wanted to discuss this in a workshop.
Councilmember Fogarty stated we need to figure out what to do with the parks, but her
immediate concern is what to do with the streets. City Attorney Jamnik stated the
Development Agreement was recorded and the City has the legal right to enter into the
park areas to maintain them and assess the residents. The street is more complicated
because they are listed as private streets, they are narrower than our standards, there are
no snow storage areas. They are short stub segments that serve a small number of
Council Minutes (Pre-Meeting)
November 17,2008
Page 2
property owners and can function well as private streets provided those homeowners that
abut those streets are in agreement in how to maintain them and apportion the cost of the
maintenance. The City has no obligation to plow those private streets. There is some
ambiguity with the homeowner's association as the owner of the streets, they have an
obligation to maintain them even though they are not able to charge those residents, It is
the association's intent not to maintain the streets.
Councilmember Fogarty noted one objection was received to the 2030 Comprehensive
Plan and asked if there was a private dispute. City Attorney Jamnik replied yes, it is a
family matter and does not directly involve the City.
Mayor Soderberg noted City Attorney Jamnik mentioned having a workshop to discuss
East Farmington and felt it should be held soon. It will be discussed prior to the
December 10 workshop at 6:00 p.m.
Councilmember Wilson noted regarding the feasibility reports, the City will be incurring
some expense for the intersections around the new high school in 2009. He noted some
of the projects scheduled for 2009 are of a smaller scale and with this large project he
was concerned with stretching the City too thin. City Engineer Schorzman stated the
projects mentioned in the requested feasibility reports are funded by either the sanitary
sewer trunk fund or the storm water fund and neither fund would be eligible to contribute
to traffic control. City Administrator Herlofsky noted if we can start on the projects
sooner we can use more City staff to take care of the cost rather than a consultant which
allows us to build those funds and help the revenue side of the general fund.
Councilmember Wilson asked about the Denmark sanitary sewer extension and if
development could take care ofthat project as opposed to the City spending money. Staff
stated development could take care of that, however the reason for doing it now is
because of the issues in the Westview neighborhood. There are two lift stations, the
roads are not in good condition, and the storm water needs to be addressed. Staff is
proposing in the CIP that a reconstruction be done in the future. Development may not
take place on that parcel prior to needing to reconstruct the street. If the Denmark project
is done now, the developer will still be obligated to contribute the area charges.
Councilmember Pritzlaff asked if all three projects are necessary if the lift stations are not
on the verge of breaking. City Engineer Schorzman stated all three projects are
anticipatory in nature. The Denmark sewer will have a direct impact on how and when
we can do the reconstruct in Westview, The 5th Street and 4th Street extensions will have
a direct impact on when we can get to Walnut Street. By not doing these now they will
have to be done concurrently with those projects or everything slides back.
Councilmember Pritzlaff asked if it would be better to have a bigger project going out to
bid. Staff replied there would be a small benefit, but each sanitary sewer project is large
enough that it would not have a large impact on the price. The Denmark project would
go from Spruce Street to Ash Street. Councilmember Pritzlaff was in favor of the 5th and
4th Street projects, but not the Denmark projects, City Engineer Schorzman noted the
Denmark project is the one that will eliminate two lift stations. The 5th and 4th Street
projects would not eliminate a lift station.
Council Minutes (Pre-Meeting)
November 17,2008
Page 3
Councilmember Pritzlaff asked about purchasing the sewer televising camera system and
if it could be delayed a year or two, The cost is $106,500. To contract out the cost is
$20,000 - $25,000 per year. Municipal Services Director Reiten explained the cost would
not come out of the general fund. Currently there is 50,000 feet of sewer to be televised
and staff has held off as long as possible. There has been no televising done this year,
City Engineer Schorzman stated the cost is not the only benefit. The contractor cost does
not include if there is an issue with a sewer and someone has to come out. This can also
be used for storm sewers and any confined spaces.
5. STAFF COMMENTS
Municipal Services Director Reiten mentioned they would like to have a ribbon cutting
for the new First Street Garage, He suggested December 1, prior to the Council meeting.
City Administrator Herlofsky suggested around 5:30 p.m. Staff will come back with
some recommended dates, Councilmember Fogarty wants an open house for the City
Hall before the end of the year. City Administrator Herlofsky stated they will have a
meeting Wednesday and then a date can be determined.
Administrative Services Director Shadick had an update for license and permit renewals,
6. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 6:56 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
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'tynthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
November 17,2008
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Cub Scouts Den 12 Pack 119 led the audience and Council in the Pledge of Allegiance.
3,
ROLL CALL
Members Present:
Members Absent:
Also Present:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator;
Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation
Director; Kevin Schorzman, City Engineer; Todd Reiten,
Municipal Services Director; Lisa Shadick, Administrative
Services Director; Lee Smick, City Planner; Tony Wippler,
Assistant City Planner; Cynthia Muller, Executive Assistant
Audience:
4. APPRO VE A GENDA
Councilmember McKnight pulled the November 10, 2008 minutes to abstain.
Councilmember Wilson pulled the minutes of November 3,5, and 11,2008 to abstain.
Administrative Services Director Shadick noted Council has replacement pages for items
7d) and 8a) license renewals.
MOTION by Wilson, second by Pritzlaffto approve the Agenda. APIF, MOTION
CARRIED.
5, ANNOUNCEMENTS
a) Swearing-in New Police Officer
Chris Lutz was sworn-in as a new Police Officer.
b) Boy Scout Park Project
Councilmember Wilson is a den leader for Cub Scout Den 12 Pack 119. They did
a project last year where they cleaned up Dakota County Estates Park and worked
with Parks and Recreation Director Distad and Natural Resources Specialist Jen
Collova. A slide show was shown of the project they did.
c) Great River Energy Transmission Line Project Update
Mr. Randy Fordice, Great River Energy, gave an update on the CapX2020 project
which is a series of electric transmission lines throughout the state, The route
could come near Farmington. The current system cannot deliver the electricity to
serve the anticipated growth in the area. A route along CR 70 is a potential option.
The permit application could be filed in December.
Council Minutes (Regular)
November 17,2008
Page 2
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by McKnight, second by Fogarty to approve the Consent Agenda as follows:
a) Approved Council Minutes (10/29/08 Workshop)
b) Approved School and Conference - Building Inspections
c) Approved Project Feasibility Reports - Engineering
d) Approved Various Licenses and Permits - Administration
e) Received Information Capital Outlay - Municipal Services
t) Adopted ORDINANCE 008-592 amending Title 8, Chapter 1 of the City Code in
order to reference Dakota County's Uniform Street Naming and Addressing
System Procedural Manual- Planning
g) Approved Bills
APIF, MOTION CARRIED,
a) MOTION by Fogarty, second by McKnight to approve Council minutes (11/3/08
Pre-Meeting and Regular) (11/5108 Special). Voting for: Soderberg, Fogarty, McKnight,
Pritzlaff. Abstain: Wilson. MOTION CARRIED. MOTION by Pritzlaff, second by
Fogarty to approve Council Minutes (11/10108 Workshop). Voting for: Soderberg,
Fogarty, Pritzlaff. Abstain: McKnight, Wilson. MOTION CARRIED.
8, PUBLIC HEARINGS
a) Approve 2009 License Renewals - Administration
Applications have been received for the following licenses:
On-Sale Liquor: Farmington Lanes, Long Branch Saloon and Eatery, and
Chapparita's Restaurant.
On-Sale Sunday: Farmington Lanes, Long Branch Saloon and Eatery, Eagles
Club, VFW Club, American Legion, Chaparita's Restaurant.
Club Licenses: Eagles Club, VFW Club, American Legion
On-Sale Wine & On-Sale Intoxicating Malt Liquor: Ugly Mug and B&B Pizza
Sauna and Therapeutic Massage: Doris Louis of Rite Touch Salon and Tan,
Sherry Jackson, Jill Loosbrock of Hadler Family Chiropractic, Barbara Russell of
America's Fitness Center and Denson Malone of Touch of Soul Massage
MOTION by Pritzlaff, second by Fogarty to close the public hearing. APIF,
MOTION CARRIED. MOTION by Pritzlaff, second by McKnight to approve
the on-sale liquor, on-sale Sunday liquor, on-sale intoxicating malt liquor and on-
sale wine, club, and therapeutic massage licenses for the businesses listed above.
APIF, MOTION CARRIED.
9. AWARD OF CONTRACT
Council Minutes (Regular)
November 17,2008
Page 3
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Resolution - Approve 2030 Comprehensive Plan - 2008 Update -
Planning
City Planner Smick and Assistant City Planner Wippler presented the 2030
Comprehensive Plan. Favorable comments were received from adjacent
communities. To accomplish the update, staff prepared five polices; balanced
land use and quality control growth, increase economic vitality of the City,
connected places, develop within the existing residential MUSA allocated acres,
and protect and conserve the natural resources, The Met Council forecasts the
City will have 32,000 people by 2030, staff is proposing 32,700. The
Comprehensive Plan will be reviewed every 2-3 years in order to follow the
growth rate more closely. The City currently has 879 vacant lots which is a 3-4
year supply. Farmington will grow into the allocated residential MUSA of914.49
acres. The City will meet its affordable housing unit requirement of 492 units by
adding 210 new acres of medium and high density residential. This will be
throughout the City. The City will request MUSA for 106 acres of commercial
and 316 acres of industrial in order to increase the tax base. Industrial is proposed
north of CR50 and west of Pilot Knob Road. Commercial is proposed along the
south side ofCR50. Total MUSA requested is 1,476 acres.
Parks and Recreation Director Distad presented the Parks and Recreation plan,
Currently there are 23 parks that total 436 acres. There are 18 open space areas
covering 440 acres. There are 20 acres of parkland for every 1,000 people in
Farmington, which meets the 2020 Comprehensive Plan. There are 40 miles of
paved trails, boardwalks and mowed trails within wetland areas. Staff would like
to expand the requirement of 20 acres of parkland/I 000 people to 20 acres of open
space/1 000 people. There are 20 future new neighborhood parks and 5
community parks proposed. There are three greenways with regional trails
connecting to neighboring cities.
The 2030 Comprehensive Plan will be sent to the Met Council on November 24,
2008, so they can begin their 60-day review. Mayor Soderberg congratulated the
Planning department for completing this work. The Met Council requires the plan
be reviewed every ten years. By the City reviewing it every 2-3 years, when the
next cycle comes along it will not require as much work. Councilmembers
thanked the Planning staff for all their hard work. They saved the City a great
deal of money by doing the work in-house. MOTION by Pritzlaff, second by
Fogarty to adopt RESOLUTION R72-08 approving the Final Draft of the
Farmington 2030 Comprehensive Plan - 2008 Update and authorize its
distribution to the Metropolitan Council. APIF, MOTION CARRIED.
11, UNFINISHED BUSINESS
12. NEW BUSINESS
Council Minutes (Regular)
November 17,2008
Page 4
13. COUNCIL ROUNDTABLE
Councilmember Fogarty: This Wednesday Dakota County will be hosting a
transportation workshop at City Hall. She encouraged residents to come, as they are
presenting options and contingencies for how traffic will work when the new high school
opens next year.
Councilmember Wilson: Toys for town has started and there are a number of drop
off sites. He also encouraged residents to attend the transportation workshop.
Ambulance service will be contracted out with Allina Medical.
Councilmember Pritzlall: He received a call from a resident on Elm Street regarding
his broken window in conjunction with the Elm Street project. City Administrator
Herlofsky stated he had spoken with the resident and was not aware there was still a
problem. He will review the issue.
Over the past 1 ~ - 2 months he has been watching the Apple Valley Council Meetings
regarding Wal-Mart. A Council candidate at the last meeting felt it was not right for him
to send a letter to Wal-Mart and also Councilmember Fogarty did not think it was
appropriate. He has received inquiries from residents about the letter, so he read the
letter that was sent inviting Wal-Mart representatives to an EDA meeting. He also
received a response from Wal-Mart indicating they have no plans to locate in
Farmington.
Administrative Services Director Shadick: Thanked the 84 election judges that assisted
with the November 4,2008, election. They processed 10,309 ballots for a voter turnout
of 79%.
Mayor Soderberg: Thanked the election judges, congratulated those that
prevailed in the election, and thanked those candidates that participated.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 8:06 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
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Cynthia Muller
Executive Assistant