HomeMy WebLinkAbout08.16.21 Council Minutes CITY OF FARMINGTON
CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 16, 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, and Wilson
Absent-Porter
Staff Present-Administrator McKnight, Assistant Administrator Gorski, Parks and Recreation
Director Omlid, Police Chief Rutherford, Fire Chief Elvestad, Public Works Director Gehler,
Community Development Director DiMaggio, Planning Manager Wippler and Attorney Jamnik.
4) Agenda
Motion by Pearson, second by Wilson, to approve the agenda as presented. APIF, motion
carried.
5) Announcement/Commendations
a) Introduction of New Staff
Administrator McKnight introduced Assistant City Administrator Gorski who started work with
the city today. In addition, new Finance Director Regis was in the audience and will start his
work with the city on August 30, 2021. McKnight shared that Liquor Operations Manager
Solinger also started today and will be at the next city council meeting.
6) Citizen Comments
None.
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7) Consent Agenda
Motion by Bernhjelm, second by Pearson, to approve the consent agenda:
a) Approve Minutes of the August 2, 2021 City Council Meeting-Administration
b) Approve Minutes of the August 2, 2021 City Council Work Session-Administration
c) Approve Change Orders Three and Four for Downtown Liquor Store Project-
Administration
d) Approve Request to Waive Fees for 2021 Dew Days Celebration-Administration
e) Adopt Resolution R41-2021 Approving Master Joint Powers Agreements and Court
Data Services Subscriber Agreements for Criminal Justice Data Network-Attorney
f) Approve Contract for Professional Engineering Services for the Vermillion River
District Drainage Stormwater Treatment Assessment-Public Works
g) Approve Amendments to Ordinance 2021-760, Section 11-4-2 (D) of the Subdivision
Ordinance Regarding Private Streets-Community Development
h) Approve Recommendation for Hire Liquor Operations-Human Resources
i) Approve Recommendation for Hire Finance-Human Resource
j) Approve Bills-Finance
8) Public Hearing
None
9) Award of Contract
None
10) Petitions, Requests and Communications
a) Zoning Code and Zoning Map Amendments
Planning Manager Wippler introduced the zoning code and zoning map amendments topic and
summarized how the work on this project started over two years ago with the 2040 Comprehensive Plan
work. Jeff Miller of HKGi reviewed the highlights of the proposed changes for the city council.
Councilmembers Pearson and Bernhjelm thanked everyone for their work on this project and
appreciated that the code was not cleaned up.
Councilmember Wilson asked if there were any open items from the Planning Commission public
hearing. Wippler stated there were none. Attorney Jamnik shared that value assessments look at the
current use of the property in regards to a question asked by Wilson.
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Mayor Hoyt asked about the proposed zoning changes and an example of the impact on the property.
Wippler shared that the current use can continue,the changes are setting the stage for future
development.
Motion by Bernhjelm,second by Wilson,to adopt Ordinance 2021-761(Zoning Code)and Ordinance
2021-762 (Zoning Map)to Title 10 of the city code. APIF, motion carried.
b) Vita Attiva at South Creek Final Plat, Planned Unit Development and Development Contract
Planning Manger Wippler presented the Vita Attiva at South Creek Final Plat, Planned Unit Development
and Development Contract.
The 35 single-family lots and 2 multi-family lots are part of the 189 overall lots/units that
were proposed with the preliminary plat that was approved by the Planning Commission on
May 25, 2021 and the City Council on June 7, 2021.
The lot sizes vary within the final plat from 5,376 square feet up to 61,440 square feet in
size. All single-family lots within the final plat are 5,376 square feet in size, with the
exception of Lot 1, Block 2 which is the HOA amenities lot. The two multi-family lots are
34,067 and 37,382 square feet in size. Lot widths for the single-family lots are 42 feet.
The final plat also contains 10 outlots (A-J). A description of the outlots are as follows:
Outlot A: Floodplain/wetland
Outlot B: Storm water facility
Outlot C: Future right-of-way for Pilot Knob Road
Outlot D: Future development area
Outlot E: Storm water facility
Outlot F: Remnant parcel
Outlot G: Future development area and floodplain and wetland
Outlot H: Future right-of-way for Spruce Street
Outlot I: Future development area
Outlot J: Future development area
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Outlots B and E will be required to be deeded to the City with this final plat.
Access to this initial phase of the development will come from the extension of Eaton Avenue
south from CSAH 50. 216th Street and 217th Street will extend westerly from Eaton Avenue
to provide access to the lots. The right-of-way for Eaton Avenue is shown as 70 feet in width
with a 40.92 roadway measured back of curb to back of curb. 216th Street and 217th Street
rights-of-way are shown as 60 feet in width with roadway widths of 34.92 feet measured
back of curb to back of curb. Temporary turnarounds will be provided at the ends of both
216th and 217th Street.
Five-foot wide sidewalks will be provided on the south side of 216th Street and on the north
side of 217th Street. An eight-foot wide bituminous trail is shown on the west side of Eaton
Avenue.
Pilot Knob and a portion of Spruce Street will be constructed with Phase III of this
development. Staff will be requiring as a condition of approval that a roadway easement be
obtained from the JMA Devney Family LLP for the portion of future Pilot Knob Road that
extends onto their property and this easement shall be recorded with this final plat. This is
a carryover condition from the Preliminary Plat approval.
Final Planned Unit Development
The agreement outlines the deviations proposed for this development which are:
• 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 4,300
square feet.
• Reduce the minimum lot width within the R-2 zone from 60 feet to 34 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.
Engineering Review
The Engineering Department has reviewed the Vita Attiva at South Creek 1st Addition final
plat and recommend approval upon satisfaction of all 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.
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Planning Commission Review
The Planning Commission reviewed the final plat and planned unit development on July 13,
2021 and recommended approval with a 5-0 vote.
Development Contract
Staff has prepared the standard development contract, a draft is included in the packet. 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 associated sureties.
ACTION REQUESTED
By separate motions, adopt and approve the following actions-
1) Adopt the attached resolution approving the Final Plat and Planned Unit Development
Agreement subject to the following:
1. The satisfaction of all engineering comments related to the construction plans for
grading and utilities.
2. Roadway easement shall be obtained from the JMA Devney Family LLP for the
portion of future Pilot Knob Road that extends onto their property. Easement must
be recorded with the first Addition Final Plat.
3. 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.
2) Adopt the attached Development Contract and authorize its execution contingent upon
final edits by staff and legal review.
Councilmember Wilson thanked city staff and the developer for their work on getting the project to this
point.
Councilmember Bernhjelm thanked the developer for the invitation to the groundbreaking event last
week.
Councilmember Pearson offered thanks to city staff and the developer.
Mayor Hoyt said this was a big day for Farmington,we stretched a lot and it helped get us here today.
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Motion by Wilson, second by Bernhjelm,to adopt Resolution R42-2021 approving the final plat and
planned unit development agreement subject to the following:
1. The satisfaction of all engineering comments related to the construction plans for grading and
utilities.
2. Roadway easement shall be obtained from the JMA Devney Family LLP for the portion of future
Pilot Knob that extends onto their property. Easement must be recorded with the first
Additional Final Plat.
3. 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.
APIF, motion carried.
Motion by Bernhjelm,second by Pearson,to adopt the development contract and authorize its
execution contingent upon final edits by staff and legal review. APIF, motion carried.
11) Unfinished Business
None
12) New Business
a) Special Assessments on Specific Vermillion River Crossings Properties
Administrator McKnight updated the city council on the deferred assessments on property owned by
Hy-Vee in the Vermillion River Crossings development.
The City of Farmington and Hy-Vee entered into agreements in 2016 that deferred special
assessments on the property they purchased in Vermillion River Crossings. Pursuant to the
terms of the agreements, special assessments public improvements in the amount of
$2,058,731.23 were deferred and payment to be abated if the proposed projects
proceeded.
Pursuant to the terms of the agreements, the deferral was to end and the assessment
would not be abated if the project did not proceed by May 16, 2021 and that upon
termination of the deferment,the assessment was to become re-assessed and payable
over 15 years at an interest rate of 5.7%with the first full yearly payment becoming
payable in 2022.
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As the city council is aware, the project has not moved forward as of the writing of this
memo. City staffs in regular contact with representatives from Hy-Vee and while we are
told we are still in their plans, no specific timetable has been shared to date.
The city council discussed this issue at the April 2021 work session and reemphasized that
the top priority is still for Hy-Vee to build a grocery store in Farmington. At the same time,
the city council was clear that they intend to follow the terms of the agreements in place in
terms of the deferred assessments.
The terms of the agreement call for the repayment of$2,058,731.23 in deferred
assessments over 15 years at an interest rate of 5.7%. Over the repayment period, this
would result in $3,494,375.59 in principal and interest payments.
Motion by Pearson,second by Wilson,to adopt Resolution R43-2021 approving and adopting special
assessments with the first installment due and payable with the 2022 taxes. APIF, motion carried.
13) City Council Roundtable
Bernhjelm-Shared that our new liquor store is now open,thanked staff for their work with all of the staff
transitions,thanked the police and fire departments for their work on National Night Out and welcome
our new staff members.
Pearson-School is starting soon so watch out for the ids, Dew Days will be held on September 18th and
thanked Kellee Omlid for the parks tour last week.
Wilson-Thanked the police and fire departments for their work on National Night Out and welcomed out
new staff members.
McKnight-The new downtown liquor store located in the Farmington Mall on Highway 3 opened today.
Omlid-Reminded everyone of a Music in the Park and Distad Park dedication event in August.
DiMaggio-Thanked everyone involved in the Vita Attiva development process.
Gorski-Thanked the city council for the new opportunity in Farmington.
Rutherford-Reminded residents that applications for now being accepted for the citizens police
academy.
Elvestad-Shared with the city council that the department will be receiving$66,000 in training
reimbursements and Ladder 1 is now in service.
Hoyt-Welcome our new staff members,shared information on a meeting he had with Representative
Craig,shared that the fair held last week was a big success,thanked those involved in the park tour last
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week,thanked those involved with National Night Out and reminded residents to watch out for the kids
as school starts again in two weeks.
13. Adjourn
Motion by Bernhjelm,second by Wilson,to adjourn the meeting at 8:02 p.m. APIF, motion carried.
Respectfully Submitted
va*-a Y. "C'KVVI�e
David McKnight, City Administrator
August 16, 2021 Minutes