HomeMy WebLinkAbout10.05.98 Council Minutes
COUNCIL MINUTES
REGULAR
October 5,1998
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, Gamer, Strachan
Fitch
City Administrator Erar, Attorney Joel Jamnik, City Management
Team
4. APPROVE AGENDA
Recent correspondence from Arcon Development requested the Conditional Use Permit
for Autumn Glen be pulled from the agenda. MOTION by Gamer, second by Strachan
to approve the Agenda. APIF, MOTION CARRIED.
5. ANNOUNCEMENTS
Signed proclamation declaring Cities Week October 5-11, 1998.
Signed proclamation declaring National Breast Cancer Awareness Month.
6. CITIZEN COMMENTS
7. CONSENT AGENDA
MOTION by Gamer, second by Cordes to approve the Consent Agenda as follows:
a) Approved Council Minutes 9/16/98 (Special). Approval of Council Minutes 9/21/98
was tabled until 10/19/98 pending clarification of item 10 d). MOTION by Gamer,
second by Cordes, to table 9/21/98 minutes to 10/19/98. APIF, MOTION
CARRIED.
b) Adopted RESOLUTION R91-98 appointing election judges for general election
c) Adopted RESOLUTIONS R92-98, R93-98, R94-98, R95-98 accepting private
development project closeouts
d) Adopted RESOLUTION R96-98 accepting donation - Park & Recreation
Department
e) Adopted RESOLUTION R97-98 accepting landscape agreement MnDOT
f) Adopted RESOLUTIONS R98-98, R99-98 accepting Nelsen Hills and Riverside
Development Contract Addendums
g) Adopted RESOLUTION R100-98 approving grant application for the Metropolitan
Regional Arts Council
h) Adopted RESOLUTION R10l-98 appointing year 2000 coordinator
Council Minutes (Regular)
October 5, 1998
Page 2
i) Approved policy recommendation - Park & Recreation Department
j) Approved capital outlay - Park & Recreation Department
k) Approved storm sewer maintenance projects
1) Accepted resignation - Heritage Preservation Committee Member
m) Amended ORDINANCE 098-417 - charitable gambling
n) Approved bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Adopt Resolution - East Farmington PUD Amendment
Sienna Corporation is seeking an amendment to the PUD for East Farmington to add
two new block configurations to the original Schematic PUD for Blocks E and F.
The Planning Commission reviewed the PUD amendment and recommended denial
of the amendment on the basis of the following items:
1. The original Schematic PUD illustrated 15 to 16 lots per block on the plan rather
than the increased number proposed for the PUD amendment.
2. The economic value to be gained by the Developer is not a part of the original
commitment made by the Developer and the City to the community.
3. The City Attorney has indicated that the Development Contract language
affecting the PUD allows the City to deny the Developer's request regardless of
whether the technical changes fall within the City's zoning requirements.
City Staffhas reviewed the City Code, and the proposed East Farmington PUD
amendment meets all of the requirements of the City's R-2 PUD Ordinance.
According to Rod Hardy, Sienna Corporation, increasing the number of lots will keep
the price of the lots from going up. The benefit will be to the consumer.
Jim Thomas, 901 10th Street, lives in Henderson Addition, and is concerned about the
size of the lots abutting his rear lot line. He stated he will have three neighbors
abutting his backyard. All other blocks have the same number of houses. Mr. Hardy
stated they are not platting in his area at this time, they are looking at the block
configuration. They are looking at ways to handle the issue of current houses backing
up to smaller lots, such as some type of screening or mounding. Mr. Thomas stated
most houses in Henderson Addition are ramblers. Two story splits will be built
behind them, allowing the residents to look down into their property. Mr. Thomas
would like to be notified when the platting in his area begins. Mr. Hardy stated he
will meet with the residents before the Public Hearing.
Council Minutes (Regular)
October 5, 1998
Page 3
(A change was made in the resolution Amending the East Farmington Schematic
PUD to read: WHEREAS, the Developer has indicated that they are willing at a later
date to discuss other modifications. . .). Council was given two options relative to the
Developer's request. Council could adopt a resolution approving the East Farmington
PUD to allow Block E and F as new block configurations, or adopt a resolution
affirming the Planning Commission's denial ofthe Developer's request. The Mayor
questioned if Council would be setting a precedent by amending the PUD. City
Attorney Jamnik replied that with a development as large as this, a provision for
changes has been included in the PUD by stating changes must be agreed to by
mutual consent. MOTION by Gamer, second by Cordes to adopt RESOLUTION
RI02-98 approving the East Farmington PUD to allow Block E and F as new block
configurations in the Schematic PUD and authorize the signing of the resolution.
APIF, MOTION CARRIED.
b) Union Pacific Railroad Communication
The City has received written notification from Union Pacific Railroad confirming
the company's intention to disregard the City ordinance, citing the Swift Rail Act and
Federal Railroad Administration Emergency Order 15 as the legal basis for their
position. Andrea Poehler, Assistant to the City Attorney, stated according to the
Secretary of Transportation's office, the Emergency Order 15 only applies to the state
of Florida not Minnesota. City Attorney Jamnik will look into how St. Paul and other
cities are going to handle this and prepare a report for Council.
c) Castle Rock Township Comprehensive Plan Amendment
A meeting was held with Metropolitan Council staff to further discuss the Castle
Rock Township Comprehensive Plan Amendment that would redesignate land use
within the township from rural residential to commercial/industrial development. A
number of outstanding issues and concerns associated with this proposed
development were addressed. City staff is planning attendance at the October 6, 1998
Metropolitan Council Community Development Committee meeting to address any
questions or issues from the full committee, not to argue the City's position on this
matter.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. COUNCIL ROUNDTABLE
Councilmemher Cordes:
Highway 3 looks great.
COWlcil Minutes (Regular)
October 5, 1998
Page 4
Community Development
Director Olson:
The Plat Commission granted a variance to St. Michael's to
allow access to Ash Street.
Police Chief Siebenaler:
There was a large scale operation on Saturday searching for
a missing child. The situation resolved itself.
Parks & Rec Director Bell: Boy Scouts did a great job on landscaping. A Roadside
Beautification grant has been received from the State of
MN.
City Engineer Lee Mann: Paving on 2nd Street Parking Lot completed, signs and
markings are done.
Mayor Ristow: Need to address walkway between the parking lot and 3rd
Street. City Administrator Erar added the parking lot looks
great and suggested the walkway could be included in the
streetscape project.
14. ADJOURN
The Council went into Executive Session at 8:45 p.m.
Respectfully submitted,
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Cynthia Muller
Executive Assistant