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HomeMy WebLinkAbout06.07.99 Council Minutes COUNCIL MINUTES REGULAR June 7, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7 :00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE AGENDA Item 7 d was pulled as Councilmember Soderberg wanted to abstain from voting. Item 7h was pulled as Councilmember Verch wanted to vote no. City Attorney Jamnik added item 13c under Council Roundtable - Litigation Issue. MOTION by Strachan, second by Soderberg to approve the Agenda with changes. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA 7d) Mt. Dew Days Fee Waiver Request MOTION by Cordes, second by Verch to approve the fee waiver request. Voting for: Ristow, Cordes, Strachan, Verch. Abstain: Soderberg. 7h) Retroactive Approval Temporary 3.2 Beer License - Farmington Independent Fastpitch Team MOTION by Soderberg, second by Cordes to approve the temporary 3.2 beer license. Voting for: Ristow, Cordes, Soderberg, Strachan. Voting against: Verch. MOTION by Cordes, second by Strachan to approve the Consent Agenda as follows: a) Approved Council Minutes (5/17/99) (Regular) b) Approved release of Development Contract - lot 1, block 1, Dakota County Estates 9th Addition Council Minutes (Regular) June 7, 1999 Page 2 c) Approved school and conference - Fire Department e) Received information Year 2000 Compliance Report - Update t) Adopted RESOLUTION R57-99 approving gambling permit - American Legion g) Approved capital outlay - Parks and Recreation i) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Hwy 3 Frontage Road and Willow Street Improvements Information is still being obtained on this item. Staff recommended continuing the Public Hearing to July 6, 1999. MOTION by Strachan, second by Cordes to continue the Public Hearing to July 6, 1999. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Ordinance - Interim Use Zoning Code Amendment IDS Properties has made application for an interim use within the B-4 (Neighborhood Business) zoning district. The process of the Interim Use permit requires a text amendment be approved by the City Council for that particular zoning district. Once the text amendment is approved, other applications can be made for the same use within other B-4 zoned properties. The text amendment requested is for" Automobile Repair: Minor" within the B-4 zoning district. The subject property is 821 Third Street. At the May 17, 1999 Council Meeting, Council suggested placing a "sunset" date on any text amendment to coincide with the period oftime approved for the Interim Use. In this case, the Planning Commission approved the Interim Use for Airlake Ford to 3 years. Mr. Don Hunter, 613 Heritage Way, owner of the building located at 821 Third Street, stated he would like a 5-year term for the interim use. Staff replied the Planning Commission sets the terms for the interim use permits. Originally, staff did recommend a 5-year term for the interim use, however, the Planning Commission was uncomfortable with 5 years and therefore, agreed to 3 years. Mr. Hunter can appeal the decision at a future Council Meeting. MOTION by Soderberg, second by Strachan to adopt ORDINANCE 099-432 amending the B-4 (Neighborhood Business) district adding "Automobile Repair: Minor" as an Interim use. APIF, MOTION CARRIED. b) Adopt Resolution - Approval of Final Plat Cameron Woods Subdivision Cameron Woods consists of an 84-unit senior cooperative housing facility. The final plat was recently approved by the Planning Commission on May 25, 1999 contingent on engineering requirements and the resolution of the connection of Euclid Street on the north and south in the Development Contract. The proposed development consists of two, 3-story, 42-unit buildings on 13.7 acres. MOTION by Cordes, second by Soderberg adopting RESOLUTION R58-99 approving the Council Minutes (Regular) June 7, 1999 Page 3 Cameron Woods Final PlatlFinal PUD Plan contingent upon the above requirements. APIF, MOTION CARRIED. c) Adopt Ordinance - Amend Existing Wetland Ordinance The City Council authorized retaining the firm of Bonestroo, Rosene, Anderlik & Associates to assist the City in the preparation of an update to the City's Wetland Ordinance as well as completing a field inventory and classification of all existing wetlands. The primary motivations in updating the ordinance were the need to update the setback and buffer yard requirements for areas adjacent to wetlands and the need to classify existing wetlands by floral diversity and storm water susceptibility. The previous ordinance treated all wetlands the same regardless of these factors. Ms. Sherri Buss of BRAA gave a brief overview of the proposed ordinance amendments. All amendments pertain to future developments. MOTION by Strachan, second by Verch to adopt ORDINANCE 099-433 amending the existing wetland ordinance. APIF, MOTION CARRIED. d) 1998 Annual Financial Report - Presentation The independent audit of the December 31, 1998 financial records was completed on March 31, 1999. In 1998, actual General Fund revenues exceeded budgeted revenues by $38,733 and actual expenditures were $8,772 more than budgeted. The difference in budgeted to actual expenditures is due to an accounting adjustment of $12,673 for compensated absences in the General Fund in response to a management suggestion made by the auditors after the 1997 audit. The Water Utility, Sewer Operations, Solid Waste and Liquor and Arena Funds all showed increases to their 1998 retained earnings. 11. UNFINISHED BUSINESS a) State Building Code Chapter 1306 - Review and Disposition The issue deals with the optional building code provision that was adopted by the City Council in 1996 dealing with fire protection (sprinkler) systems. It was the consensus at the May 11, 1999 workshop that the Council had three options relative to this previously adopted optional building code provision which requires the installation of sprinkler systems in certain new, expanded, or remodeled commercial buildings containing 2000 square feet or more. These options include 1) retaining the current requirements; 2) repealing the current requirements entirely; 3) adopting 8a of Chapter 1306 which triggers the need for sprinkler systems at 5000 square feet rather than the current 2000 square feet. Option 1 - Retaining Chaoter 1306 - The City has received a letter from the Minnesota Fire Chiefs Association that Chapter 1306 is proposed to be re-written to allow more flexibility and choices at the local level as to the level of built-in fire protection needed in individual communities. Option 2 - Repealing Chapter 1306 - This option would result in the City enforcing the more standard building code and fire code provisions as they pertain to commercial new construction as well as additions and remodeling. Council Minutes (Regular) June 7, 1999 Page 4 Option 3 - Adopting Chapter 1306 8a - This option represents a compromise between Options 1 and 2 in that it does not repeal this requirement altogether, but raises the threshold to 5000 square feet before it would be triggered. Mr. Scott Wollmering, 14030 Delta Avenue, Rosemount, co-owner ofLiI Rascals Daycare Center, asked if option 8a eliminates child care centers. Staff replied no because the code is based on occupant load. Mr. Wollmering stated the daycare center has expanded to make more room for the children already there, not to add more children. This code makes it physically and financially difficult to expand. Mr. Phil Carlson, 17482 Eventide, representing Farmington Mall and Lil Rascals Daycare Center, felt there is another issue to look at. He stated Council needs to look at if the footprint is being expanded or if ther~ is remodeling within the building, which is what Lil Rascals has done. Mr. Dave Adelman, owner of Farmington Mall, stated he would like to see 1306 repealed. They currently have 2 spaces that are not rentable. Even option 8a would not make the spaces rentable. MOTION by Strachan, second by Verch to adopt Chapter 1306 8a. MOTION by Soderberg suggesting to amend the previous motion by adding that this ordinance should be reviewed in one year. Councilmembers Strachan and Verch accepted this as a friendly amendment and added to the previous motion. MOTION by Cordes, second by Ristow to amend the original motion by substituting the repeal of 1306 instead of amending 1306 8a option. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan, Verch. MOTION by Cordes, second by Ristow adopting the motion as amended, ORDINANCE 099- 434, repealing Chapter 1306. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan, Verch. b) Authorize Public Facilities Task Force Council directed staff to pursue the creation of a City Task Force to study and formulate recommendations to the City Council on the need for new public facilities. The composition of the task force was discussed. The Mayor felt that more than one citizen should be appointed and Council suggested 5 representatives between the citizens and business representatives. Council also suggested a student in addition to the school board representative. The composition was agreed on as follows: Citizen-at-large and Business Representative (5) Council (1) City Commissions (HRA - 1, Planning - 1, Parks and Recreation - 1) School District Board or Staff Representative (1) and (1) student City Administrator (1) Council Minutes (Regular) June 7, 1999 Page 5 Ex-Officio staff members comprised of department directors from Community Development - 1, Finance - 1, Police - 1, Fire - 1, Parks and Recreation - 1, Public Works - 1 The task force will review facility space needs for the following public facilities: Central Maintenance Facility Police Facility Fire Satellite Station Ballfield Complex City Hall Offices MOTION by Soderberg, second by Cordes authorizing the creation of the Task Force, approving the composition of the Task Force, approving the scope of the Task Force, and approving the Task Force objectives. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Review Comments - Southern Dakota County Cities and Townships Comprehensive Plan Update The City recently received a final draft of the composite comprehensive plan update for 18 townships and cities in southern Dakota County. The areas of greatest concern include the three townships of Castle Rock, Empire and Eureka. The primary change for Castle Rock is the issue that was addressed by the City Council last year. This change involved the expansion of the commercial land use designation from TH3 and Fountain Valley Golf Course approximately 1/4 mile further south. This has resulted in the development of the Castle Rock Industrial Park. There are virtually no changes proposed for Eureka Township and the entire township is proposed to remain designated as Agriculture with a permitted density of 1 unit per 40 acres. Empire Township identifies an additional area of approximately 300 acres designated as "Sewered Area." Empire Township has scheduled a public hearing on their more detailed Comprehensive Plan update for June 15, 1999. Staffwill bring this information to the City Council once it is received. 13. COUNCIL ROUNDTABLE a) TH3 Median Issues - Update At the May 3, 1999 City Council meeting, the issue of motorists driving over the easterly median from the easterly frontage road north of Budget Mart to access Trunk Highway 3 was brought to staff for review. Representatives from MnDOT have indicated that, as a temporary measure, they are willing to install additional posts along the median to help prevent motorists from driving over the median. MnDOT has indicated a willingness to explore more permanent solutions to this problem. Council Minutes (Regular) June 7, 1999 Page 6 b) State Legislative Delegation Meeting - Set Date Council instructed staff to set up a meeting with state legislators to discuss various issues. Council confirmed to have a meeting with all three legislators Sept 14, 15, or 22. A tentative agenda will be sent to Council. c) Litigation Issues The City Attorney updated the Council on the Progress Land litigation. He received a notice of a hearing scheduled for July 19, 1999. Councilmember Soderberg: He received a letter from Property Management Company regarding Y2K. The letter has been forwarded to staff for a response. A response was received from Castle Rock Township regarding a sub-committee meeting. This item will be placed on the June 21, 1999 Council agenda. CouncUmember Cordes: She has received a request for a stop sign at the intersection ofPairview and Heritage Way. Staffwill respond. City Administrator Erar: E-mail addresses for Council and staff are on the web site. Publications to be put on the web site include the Park and Recreation brochure, the City Newsletter, sections of the City Code, licenses and permits. Televising of Council meetings is on track. Two proposals have been received and will be brought to the next Council meeting. Staff is looking at televising meetings late August or early September. Community Development Director Olson: Correspondence has been received from Castle Rock Township regarding a communications tower on the Henderson property. Staffhas requested additional information. This will go before the Town Board on June 8, 1999. City Engineer Mann: Construction of the new water reservoir has been completed. Prairie Creek storm sewer and County Road 72 projects will be started next week. Mayor Ristow: He received a brochure on a presentation, Keys to Success, from Dakota Electric. The Star Spangled Banner celebration will be held at the Fairgrounds Sunday. A representative from the Federal Railroad Administration will be at the next Council meeting. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ /7/<<-d!1'J Cynthia Muller Executive Assistant