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HomeMy WebLinkAbout06.07.21 Council Minutes CITY OF FARMINGTON CITY COUNCIL MINUTES REGULAR MEETING JUNE 71 2021 1) Call to Order Mayor Hoyt called the meeting to order at 7:00 p.m. 2) Pledge of Allegiance Mayor Hoyt led those in attendance in the Pledge of Allegiance. 3) Roll Call Present-Hoyt, Bernhjelm, Pearson, Porter and Wilson Absent-None Staff Present-Administrator McKnight, Parks and Recreation Director Omlid, Police Chief Rutherford, Planning Manager Wippler, Public Works Director Gehler, Administrative Assistant Muller and Attorney Jamnik. 4) Agenda Motion by Wilson, second by Porter,to approve the agenda as presented. APIF, motion carried. 5) Announcement/Commendations a) Welcome Parks and Recreation Director Kellee Omlid Administrator McKnight welcome our new Parks and Recreation Director Kellee Omlid to her new position. Omlid comes to Farmington from the City of Ames and previously worked for Farmington as a recreation specialist. The city council welcomed Omlid to her new position. b) Dakota County Library Update Barb Svoboda from the Dakota County Library updated the city council on library activities. June 7, 2021 Minutes 6) Citizen Comments a) William Pelach of 315 Spruce Street shared with the city council his desire for the city to get a grocery store, repair sidewalks downtown and to get public transportation in the city. 7) Consent Agenda Motion by Porter, second by Wilson, to approve the consent agenda: a) Approve Minutes of the May 17, 2021 City Council Meeting-Administration b) Approve Minutes of the May 17, 2021 City Council Work Session-Administration c) Approve Recommendation for Hire Community Development-Human Resources d) Approve Seasonal Hiring-Human Resources e) Approve ClearCompany Contract-Human Resources f) Approve Temporary On-Sale Liquor License for the Rotary Club of Farmington- Community Development g) Adopt Resolution R27-2021 Accepting Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act-Finance h) Approve Bills-Finance 8) Public Hearing a) On-Sale Liquor and On-Sale Sunday Liquor License-Farmington Tap House and Long Branch Administrative Assistant Mueller shared that Anthony Heilman has submitted the requested fees and application for an on-sale liquor and on-sale Sunday liquor license for Farmington Tap House and Long Branch, located at 309 Third Street. The application and required documentation have been reviewed and approved by the Farmington Police Department. Mayor Hoyt opened up the public hearing. No one in attendance wished to speak at the public hearing. Motion by Bernhjelm, second by Porter, to close the public hearing and approve an on-sale liquor and on-sale Sunday liquor license for Farmington Tap House and Long Branch located at 309 Third Street. APIF, motion approved. 9) Award of Contract None June 7, 2021 Minutes 10) Petitions, Requests and Communications a) Preliminary Plat and PUD and Comprehensive Plan Amendment and Rezoning-Vita Attiva at South Creek Planning Manager Wippler presented the preliminary plat, PUD and comprehensive plan amendment and rezoning for the Vita Attiva at South Creek development. The subject property is currently owned by the Donald Peterson Family Limited Partnership and is located south of County Road 50 and to the southwest of the Vermillion River Crossings development (see attached location map). As shown on the preliminary plat (attached), the developer proposes 141 single-family lots and 6 lots for 8-unit multi-family structures(total of 189 units)on 80.16 acres. The minimum lot area proposed for the single-family lots is 5,376 square feet with a maximum lot area of 28,554 square feet (6,544 average square feet) with a minimum lot width of 42 feet. The minimum lot area proposed for the multi-family lots is 34,067 square feet with a maximum lot area of 40,960 square feet (37,106 average square feet). The development is proposed as a 55+ active adult community and will include such amenities as fitness center, kitchenette, billiards, speak easy, game room, convertible meeting space, outdoor pool, tennis and pickle ball courts, and sauna. The amenities will be found within Outlot E, which is located towards the eastern side of the development. There are a total of 7 outlots within the preliminary plat (A-G). These outlots will consist of open space, stormwater facilities, and future development areas. As shown on the preliminary plat, Lots 71-76, Block 2 encroach into the flood plain of South Creek - specifically along the south side of these lots. Base flood elevations have not been determined for this portion of the creek and this would need to be completed in order to final plat these lots. If these base elevations and flood plain modeling are not completed prior to final platting of this area these lots will have to be outlotted until that additional work and study is completed. Depending on the results of the modeling, these lots may be deemed unbuildable and should be dedicated as parkland. The development is proposed to be a phased development(see attached phasing map). The developer is proposing four phases with the initial phase including the extension of Eaton Avenue south from CSAH 50 along with a mix of detached single-family lots and attached multi-family lots. Phase 1 would also include the stormwater facilities and a portion of the amenities identified above. Phase 2 would include the remainder of the amenities and multi- family lots proposed for the development as well as some additional single-family lots. Phase 3 will include additional single-family lots as well as the extension of Pilot Knob Road and the portion of Spruce Street from Pilot Knob Road to Eclipse Street. The remaining portion of Spruce Street (from Eclipse Street to Eaton Avenue) would be constructed when the parcel June 7, 2021 Minutes to the north owned by the Peterson family is developed. The final proposed phase (Phase 4) would consist of the remainder of the detached single-family lots. It should be noted that Outlots B, C, F and G will be retained by the Donald Peterson Family Limited Partnership. The extension of both Pilot Knob and Eaton Avenue south of this development and crossing the South Creek would happen upon the future development of Outlots B and C and adjoining property to the south. All roads to be constructed in support of this development will be public roads and will have to be constructed to city standards. As previously mentioned this includes the extension of both Eaton Avenue and Pilot Knob Road. The preliminary plat shows the necessary right-of- way/easement for the road network within and surrounding this development. Certain improvements, including signal lighting, will be required at the Pilot Knob and CSAH 50 intersection because of this development. Staff will be requiring that agreements and security will have to be established and posted for these improvements with future final plats. The developer has been working with the Devney family to acquire the needed property for the portion of the Pilot Knob extension that would fall on their property. The developer is proposing to acquire the necessary land from the Devney's in fee title with the proposed 3rd phase of this development and to dedicate it as right-of-way with that phase. Staff will be making approval of this preliminary plat contingent upon the developer obtaining roadway easement on both the Devney and Peterson property for the Pilot Knob extension. The easements can then terminate upon the final platting of right-of-way with the future addition. Five-foot wide sidewalks are shown along the perimeter of Blocks 3 and 4. An 8-foot wide bituminous trail is shown on the west side of Eaton Avenue extension and on the east side of the Pilot Knob right-of-way adjacent to the development. Comprehensive Plan Amendment and Rezoning There are currently five different zoning districts within the property to be platted. These districts include Business/Commercial Flex, Mixed Use, R-5 (High Density Residential), R-3 Medium Density Residential) and Park and Open Space. Additionally, the property is also guided for multiple uses within the 2040 Comprehensive Plan such as Mixed Use (Commercial/Residential), High Density Residential, Medium Density Residential and Park/Open Space. As part of the preliminary plat submittal, the developer has requested a Comprehensive Plan Amendment and Rezoning to better align the proposed uses with zoning and land use guidance. The rezoning will change the zoning of the property to R-3 (Medium Density Residential), R- 2 (Low/Medium Density Residential) and Park/Open Space. The R-3 area would consist of the northeast portion of the development where the multi-family component is located. The remaining single-family lots would be rezoned to R-2. The Park/Open Space would consist June 7, 2021 Minutes of the wetland and floodplain area south of the lots to be platted. The Comprehensive Plan Amendment would make similar changes to ensure the land use designations are consistent with zoning of the property. It would re-guide the property to low medium density residential and medium density residential. The Comprehensive Plan Amendment has been submitted to the adjacent jurisdictions for the 60-day comment period as required by the Metropolitan Council. The deviations that are proposed with this planned unit development are as follows: • Reduce the front yard setback for interior lots within the R-3 zone from 25 feet to 10 feet. • Reduce the minimum lot size within the R-2 zone from 6,000 square feet to 4,956 square feet. • Reduce the side yard setback within the R-2 zone from 6 feet to 5 feet. • Increase the side yard setback on corner lot (second front yard) within the R-2 zone from 20 feet to 25 feet. The Planning Commission reviewed these applications and held a public hearing on May 25, 2021. The Commission voted 4-0 to recommend approval of the requested applications. Councilmember Wilson clarified the correct spelling of the Peterson name on all documents. Wilson asked if there was a predicted timeline for the outlot/floodplain issues to be resolved. Wippler stated that without modeling at this point, it is hard to say. Wilson appreciated the phasing map and thanked everyone involved in this process. Mayor Hoyt thanked the developers and staff for their patience and this shows that difficult issues can be worked out. Motion by Bernhjelm,second by Porter,to adopt Resolution R28-2021 approving the preliminary plat and planned unit development contingent upon the following: 1) A roadway easement shall be obtained from JMA Devney Family LLP and Donald Peterson Family Ltd Partnership for future Pilot Knob Road with the Vt Additional Final Plat. 2) Financial security for the project development costs associated with the Pilot Knob traffic signal must be provided with the 2nd Addition final plat as shown on the phasing map provided with the preliminary plat. These costs could include, but are not limited to,engineering professional services, legal fees,staff time and any other outside costs associated with the intersection improvement. 3) The approval of the 3rd addition as shown on the phasing map provided with this preliminary plat will be contingent on the intersection improvements, including signal light, at Pilot Knob June 7, 2021 Minutes and County Road 50. The developer will be responsible for all costs associated with the improvements necessary to facilitate the development. 4) The Donald Peterson Family Ltd Partnership and/or future developer will be responsible for the extension of Pilot Knob and Eaton Avenue south of the terminus shown on the preliminary plat to the southern edge of Outlot B. The Donald Peterson Family Ltd. Partnership and/or future developer will be responsible for the construction of Spruce Street east of Eaton Avenue to the property boundary and west from Eaton Avenue to Eclipse Street. 5) The Donald Peterson Family Ltd. Partnership will be able to continue agriculture operations on land dedicates as right-of-way as part of this plat, but only those portions of right-of-way that will not have improvements constructed within. 6) The development agreement for the 15t Addition final plat must be recorded against the parcel with PID#14-03600-33-010 and Outlots B and C, both owned by the Donald Peterson Family Ltd. Partnership. 7) Lots 71-76 of Block 2 encroach into the flood plain of South Creek. Modeling and base flood elevations must be provided for the flood plain through this development. The modeling and base flood elevation will inform further comment on the buildability of these lots and accommodation of the Dakota County Regional Trail. If the flood plain comment is not addressed before time of final platting the impacted lots must be platted as an outlot in the final plat of the first addition. 8) That all staff comments be addressed prior to City Council review of the preliminary plat. APIF, motion carried. Motion by Wilson,second by Bernhjelm,to adopt Resolution R29-2021 approving the comprehensive plan amendment changing the land use guidance for the Vita Attiva development from Mixed Use (Commercial/Residential), High Density Residential, Medium Density Residential and Park/Open Space to Low/Medium Density Residential and Medium Density Residential. APIF, motion carried. Motion by Porter,second by Bernhjelm,to adopt Ordinance 2021-759 approving the rezoning of the Vita Attiva development from Business/Commercial Flex, Mixed Use, R-5 (High Density Residential), R-3 (Medium Density Residential)to R-2 (Low/Medium Density Residential), R-3 (Medium Density Residential)and Parks and Open Space. APIF, motion carried. b) Final Plat, PUD and Development Contract-Whispering Fields Development Planning Manger Wippler presented the final plat, PUD and development contract for the Whispering Fields Development. The 60 single-family lots are part of the 119 overall single-family lots that were proposed with the preliminary plat for this project. The Whispering Fields final plat corresponds with the preliminary plat that was approved by the Planning Commission on January 26, 2021 and the City Council on February 1, 2021. June 7, 2021 Minutes The lot sizes vary within the final plat from 7,215 square feet in size up to 12,344 square feet in size. Lot widths vary from 53 feet up to 95 feet. The final plat also contains 5 outlots (A-E). A description of the outlots are as follows: Outlot A: Storm water facility Outlot B: Trail corridor Outlot C: Storm water facility Outlot D: Future phase of development Outlot E: Parkland to be dedicated Outlot A will be retained by the School District, and outlots B, C and E shall be deeded to the City with this final plat. Two access points for this development are shown with the final plat. 209th Street West will connect with Flagstaff Avenue midway through the property and Fleming Street will be extended north through the center of the development from the Regetta Fields development adjacent to the south. The road network within the final plat provides a grid system for adequate traffic circulation. All street sections within the final plat provide for a 60-foot right-of-way with a 30 wide roadway face of curb to face of curb. Both Flanders Way and Fleetwood Street will end with temporary hammerheads to allow for vehicle turn around. Five foot wide sidewalks will be provided on the south side of 209th Street W, north sides of Flaxton Lane and Fleetwood Street, west side of Flanders Avenue, and east side of Fleming Street. An 8-foot wide bituminous trail will be constructed along Flagstaff Avenue from the southern boundary of the plat north to Outlot B. The trail will then continue west through Outlot B to the High School property. Final Planned Unit Development The agreement outlines the deviations proposed for this development, which are: • The net dwelling units per acre for the Whispering Fields development will be less than the minimum of 6.0-12.0 units per acre required in the R-3 zone. The net density as depicted in Plan A (Preliminary Plat—Whispering Fields) is 4.1 units per acre. • Reducing the minimum lot area to 6,500 square feet. • Reducing the minimum lot width to 45 feet. • Increasing the minimum front yard setback to 25 feet. June 7, 2021 Minutes • Reducing the minimum side yard setback to 7%feet. • Increasing the maximum lot coverage to 35 percent. • Allowing single-family dwellings within the R-3 zoning district. The developer has reviewed the agreement and finds it satisfactory. Engineering Review The Engineering Department has reviewed the Whispering Fields final plat and recommend approval upon satisfaction of all engineering comments related to the construction plans for grading and utilities as well as the applicant entering into a Development Contract with the city and all security fees and costs paid. Planning Commission Review The Planning Commission reviewed the final plat and PUD on May 11, 2021 and recommended approval with a 5-0 vote. The recommendation was contingent upon the following: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2. A Development Contract between the applicant and City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. Development Contract Staff has prepared the standard development contract, and it is attached. The development contract spells out the requirements for development of this land including timelines to complete platting process, defining development charges, and addressing construction of the public infrastructure required to serve the development together with the associated sureties. Councilmember Wilson encouraged the city council and staff to continue to discuss the County Road 50 and Flagstaff Avenue intersection with Dakota County. Wilson was happy to see the progress that will be made on the trail along Flagstaff Avenue. Motion by Wilson,second by Porter,to adopt Resolution R30-2021 approving the Whispering Fields final plat and PUD Agreement continued upon the following: 1) The satisfaction of all engineering comments related to the construction plans for grading and utilities. 2) A development contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the development contract shall be required. June 7, 2021 Minutes Motion by Wilson,second by Bernhjelm,to approve the development contract and authorize its execution contingent upon edits and revisions by city staff and legal review. APIF, motion carried. 11) Unfinished Business None 12) New Business a) Termination of the Local Emergency Declaration Administrator McKnight shared that on March 16, 2020,the city council declared an emergency due to the COVID-19 pandemic. The declaration allowed the city to address issues related to the pandemic that needed immediate attention and could not wait to go through traditional city processes and waiting periods. With the diminishing impact of the pandemic on our method of operations as a local government,the city administrator believes it is time to terminate the local emergency declaration. McKnight did recommend that the temporary measures enacted by Resolution R27-2020 to allow certain business activities including, but not limited to outdoor seating and service areas, signage and storage, be continued until December 31, 2021. Motion by Porter,second by Pearson,to adopt Resolution R31-2021 approving the termination of the emergency declaration effective Tuesday,June 8, 2021. APIF, motion carried. 13) City Council Roundtable Pearson-Congratulated the FHS Class of 2021,shared that Dew Days will occur on September 18, 2021 and encouraged residents to get involved in the many summer activities. Bernhjelm-Welcomed Kellee Omlid back to Farmington and congratulated the FHS Class of 2021. Porter-Welcomed Kellee Omlid back to Farmington, congratulated the FHS Class of 2021,congratulated all of the students and staff of the district for making it through this year and encouraged residents to participate in the many summer activities available. Wilson-Thanked those involved in putting on the Memorial Day activities, congratulated the FHS Class of 2021,thanked Superintendent Berg and his staff for getting through the past school year and welcome Kellee Omlid back to Farmington. McKnight-Thanked Teah Malecha for her years of service to the community. Malecha-Thanked the city council for the opportunity to work for the city. June 7, 2021 Minutes Omlid-Thanked the city council for the opportunity to come home and work for the city again. Hoyt-Thanked Teah Malecha for her service,welcomed Kellee Omlid back to Farmington,thanked those involved in the Memorial Day ceremonies and shared news of a Farmington native that will participate in the Olympics this year. 13. Adjourn Motion by Porter,second by Wilson,to adjourn the meeting at 8:10 p.m. APIF, motion carried. Respectfully Submitted vowa Y "C'K*vv& David McKnight, City Administrator June 7, 2021 Minutes