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HomeMy WebLinkAbout1990-06-11 e e - Regular Coun":i1 Meeting AGENDA June 11, 1998 7:38 O'C1ock P.M. 1. Approv~l of the Minutes of May 22, 1998. 2. HeariiT'1s: A. Re~olution 98-81, request for a conditional use permit for 48 units of high ae'1sity housing on Block 2, Bard Properties, Bard Avenue, subnitted by Ncrth1and Global Development. B. Prairie Ridge Deve10pnent 1. Resolution 98-84, amending the preliminary plat of the Prairie Ridge deve10pnent area. 2. Resolution 98-85, approving the final plat of the Second Addition to Prairie Ridge, a 21 lot R-2 Low Density Residential SUbdivision. 3. Ordinance 98-88, rezoning Prairie Ridge 2nd Addition from o-Open Space to R2-Low Density Residential, on first reading. 4. Resolution 98-86, receive and file petition and request feasibility report for improvements to prairie Ridge Second Addition. c. DEJON Development 1. Ordinance 98-89, rezoning of 4.2 acre parcel on BE 5th Street from R-2 Low Density Residential to R4-High Density Residential, on 1st reading 2. Resolution 98-87, approving a conditional use penmit for up to 72 units of housing in two structures. D. Re~olution 98-88, approving a subdivision variance for construction of one dW~lling on an unplatted parcel abutting the Dokken-Wright Addition and 11th Avenue NE, sul:mitted by Ronald Halliday. E. Or1inance 98-18, rezoning a 1.5 acre parcel located at 2426 Park Avenue from C2-Highway Comnercial to R4-High Density Residential, on first re:;\ding. 3. Bids: None. 4. Requests to be Heard: None. 5. Items fol": Discussion: A. Re~olution 98-89, granting preliminary approval of Fire Relief Association pe'1sion Consolidation with PERA. B. Or1inance 9"-87, request for rezoning of the mall addition property to C3, an1 adjacent residential property to R2-Low Density Residential, on second re:;\ding. c. Re~ei ve and fi Ie report on status of Fire Standard Operating Procedures and Fire staffing. e e e 6. Routine Business: A. ~nrove list of bills in the amount of $201,774.77. B. Re:~eive and file application for Exemption from Charitable Gambling License - Eagles Aerie 1460 Past Presidents Club. C. ArTlrove Temporary On Sale 3.2 Beer License for Faribault Greater Jaycees, IIlC. D. Resolution 90-90, authorizing Mayor and City Administrator to execute TIn.ense agreement for storm sewer crossing with Chicago & Northwestern Transportation Company. E. Resolution 9121-91, restricting parking on the Heritage Festival Parade route. F. Resolution 9121-92, declaring precinct boundaries and polling places for 1990 eIection and receive and file 1990 Election Calendar. G. Resolution 9121-93, authorize Mayor and City Administrator to execute Ie~se/purchase agreement with State of Minnesota. H. Resolution 90-94, receive and file petition for construction of public "Improvements to 2nd Street NW and order feasibility report. I. Civil Service Commission organization - refer to Personnel Co~ittee. J. we~tMarc Cable Franchise renewal - refer to Personnel Committee. K. Re~eive and file policemen's Benefit Association Actuarial Valuation of Pe"lsion Fund. L. Re~eive and file Fire Relief Association Actuarial Valuation of Pension Fu nd. M. Re~olution 9121-95, receive and file Engineer's feasibility of improvements to 1st Street SE in Brand Peony Addition and order July 24, 1990 public he<\ring. N. Re~eive and file Verna Ochs report. o. Re~eive and file El'P Audit. P. Re~eive and file MURL Award. Q. Ch~r of Commerce building site alternatives - refer to Finance CO"'lllit tee . R. AP9roval of SCDP pre-application. S. Re~olution 9121-96, amending Resolution 9121-52 establishing a bid opening date Of July 9, 1990, and ordering special assessment hearing for July 10, 1990, for improvements to Hulet Avenue from Bradley Road to TH 3. T. Ap,?rove certification of receipt of public funds for National Endowment for th~ Arts and refer to the Finance Committee. e Regular Council Meeting of June 11, 1990 The C~uncil of the City of Faribault met in regular session in the Council Chambers of City Hall on Monday, June 11, 1990, at 7:30 O'Clock p.m. The meeting was called to order by Mayor Purdie. On roll call those present were: Councilmembers Erickson, Hanscom, Kindseth, Rice, Waarvik, and Mayor Purdie. Also present were: city Administrator Patrick Hentges, Director of Finance and Planning r~le Martinson, City Planner John Jensvold, Director of Engineerirg Services Dan Behrens, Director of Public Works Brian Wagstrom, Director of Community Development Steve Griesert, Director ef Public Safety Geoffrey Smith, Deputy Director of Fire Michael Menge, and Public Works Secretary Peggy Keilen. Councilmember Hanscom moved to approve the minutes of May 22, 1990. Mo~ion was seconded by Councilmember Waarvik and adopted unanimously. A public hearing was held on the request for a conditional use permit for 48 units of high density housing on Block 2, Bard PropertieE, Bard Avenue. The City Administrator presented ten concerns of the neighborhood consisting of: dens, phasing, height, traffic ac~ess, buffer line, economic impact, grading, landscaping, dumpsters, garage brick and financing. He informed the Council all these issu~s have been reviewed by the developer and City staff and ~ changes were made to satisfy all parties involved. Rober~ Bue of 26 Greenhaven Bay appeared before the Council stating tt~ neighborhood would like to see this issue go back to the Planning commission which would allow the neighborhood, developers, and staff additional time to review the ten items in question. He stated other property is available within the City for this type of development and height as well as access were still big issues at this point. Greg Thibodeau approached the Council stating he fel t as Robert Bue did regarding sending this project back to the Planning Commissior. for further review. He also questioned whether FAA had been notified of this project in regards to height limitations. Councilmelfher Waarvik informed Mr. Thibodeau that FAA had been notified, however, height of the building was ruled by the Airport Zoning Ordinance and has been determined to have no impact on this project. Steve Underdahl appeared before the Council explaining he was chosen as the representative for the neighborhood. He explained that City staff and neighborhood representatives had only met together earlier in the day and had not yet resolved all issues at hand. He would like to be given more time to meet with staff and developers in an effort to come to an agreement with all the issues. T~e height of the building was the biggest issue at this time. ~ e e e Counc:ilmember Waarvik pointed out that the staff, neighborhood and develc~ers have had plenty of time to meet and discuss all the issues. It was unfortunate that the meeting held between City staff and representatives of the neighborhood wasn't before today, however, nothing would be gained by prolonging the proj ect any longer. The City Administrator indicated that many attempts were made to ml~et earlier with the representatives, however, nothing could be set up before that time. After the meeting, staff met with the d~veloper and revised the proposal in an effort to satisfy all. Counc:ilmember Kindseth questioned the status of the phasing. Representatives from Northland Global Development told Council that the purchase agreement was signed contingent upon approval of the project by City Council. There was a second option existing on the adjacent ~~rcel which would be up in one year. Counc:ilmember Kindseth asked Mr. Underdahl if any action had been taker to talk with the original property owners to stop the sale of tne land. Mr. Underdahl said the owner was interested in the sale of the land and would not back out of the purchase agreement. Councilmember Kindseth agreed with Mr. Underdahl that more time was needed to resolve the issues provided this was not used to prolong the proj ect. He said the proj ect was a good project but also needs to be a viable project. Councilmember Kindseth moved to table Resolution 90-81 and set up a meeting of two Council members, 2 Planning commission members, City Staff, developers and representatives from the neighborhood for Monday, June 18, 1990 at 7 p.m. Repr~sentatives from Northland Global Development approached the Council stating they felt time was of essence and do not want to wait any longer for approval. They felt by applying for a conditional use permit they were doing the City a favor as they could havp. built a lessor proj ect without any approval. They stated th~y have done everything possible to resolve the concerns stated by the neighborhood and would like an answer now. Councilmember Waarvik stated that all issues were dealt with since the meeting earlier and nothing would be gained by tabling this issu~ until the next meeting. By amending the resolution to reflect the changes outlined in the staff memo everyone should be happy. Ccuncilmember Kindseth questioned when the second complex would be completed. The developers stated they would be applying for the building permits on both units. After discussion with the developers, Councilmember Rice moved to approv~ Resolution 90-81, request for a conditional use permit for 48 units of high density housing on Block 2, Bard Properties, Bard Avenu~, amending it to include the results of the meeting held in the mo~ing of June 11, 1990 and by deleting the phasing of the e e e proj ect. The motion was seconded by Councilmember Erickson and the following voted "aye:" Councilmembers Erickson, Hanscom, Rice and Waarvik. Councilmember Kindseth voted "nay." Motion carried. A putlic hearing was held on amending the preliminary plat of the prairie Ridge development area. The city Planner informed the Council tJ'"' culdesac reconfiguration occurring during the final plat of tl'q First Addition and the realignment of Westwood Drive were incol~orated into the revised master plan with no objections by the Planning Commission. Councilmember Waarvik moved to pass Resolution 90-84, amending the preliIl'inary plat of the prairie Ridge development area. The motion w~s seconded by Councilmember Hanscom and adopted unanimously. A pw~lic hearing was held to approve the final plat of the Second Adiition to prairie Ridge, a 21 lot R-2 low density residentia 1 subdivision. The City Planner informed the Council the Planning ~ommission had found the 21 lot subdivision consistent with the r",vised preliminary plat. Councilmember Waarvik moved to adopted Re~olution 90-85. The motion was seconded by Councilmember Hanscom ar.d adopted unanimously. A public hearing was held to rezone prairie Ridge 2nd Addition from O-Ope~ Space to R-2 Low Density Residential, on first reading. The City Planner informed Council that the area to be platted is currently zoned a-Open space and is proposed to be rezoned R-2 Low Density R~sidential to conform to balance the prairie Ridge subdivisicn. Councilmember Rice moved to adopt Ordinance 90-08. The motior was seconded by Councilmember Hanscom and, upon roll call, ado];":ed unanimously. A putlic hearing was held to receive and file a petition and request a feasibility report for improvements to prairie Ridge Second Adiition. The City Engineer informed the Council a feasibility report including sidewalks on both sides of prairie Avenue, W€stwood Drive, and 21st Street SW as recommended by the Planning C~mmission will be prepared. Counc:ilmember Rice asked the City Engineer if there was sufficient space on Westwood Drive for sidewalks. He informed her that there was more then adequate space on Westwood Drive, however, a problem may exist with prairie Avenue. He is currently studying that area. Councilmember waarvik instructed staff to include this information in the feasibility report. Counc:ilmember Hanscom moved to adopt Resolution 90-86, receive and file petition and request feasibility report for improvements to Prairi~ Ridge Second Addition. The motion was seconded by Councilmember Waarvik and adopted unanimously. A public hearing was held to rezone a 4.2 acre parcel on Fifth Street Sontheast from R-2 Low Density Residential to R-4 High Density Residential, on first reading. The City Planner informed the Council the Planning Commission unanimously recommended denial of the R~4 rezoning. The Commission sought to separate the technical questions, such as water/sewer capacity, drainage, and traffic, from the overriding issue of rezoning eligibility. The reasons cited as part of the motion to deny include the following: public access was inadequate and depended largely upon the ultimate developmert of the Brand Peony Addition, lack of access made the practicality of "phasing" questionable, rezoning amount to a "spot zone" and was deemed incompatible with the ring of existing single family hones, the potential for an extension of Tischler Avenue through the site is still very significant to the long term developmert of the neighborhood, and sites exist in the City where zoning anc access are more appropriate for the proposed project. Councilmember Rice commended the Planning commission on the fine jOb t.hey did of researching this project. The zoning would not be good compounding with the problem of a sufficient access. Deb Timmers, a representative from the neighborhood, stated the neighborhc~d agreed with the commission and felt that having the project ir the middle of a block would also cause a problem. Councilmember Rice moved to defeat Ordinance 90-09, rezoning of 4.2 acr~ parcel on Fifth street Southeast from R-2 Low Density Residential to R-4 High Density Residential, on first reading. The motion wag seconded by Councilmember Erickson and, upon roll call, ~ adopted ur~nimously. A putlic hearing was held to approve a conditional use permit for up to 72 units of housing in two structures. The City Planner informed Council that the Planning Commission supported the design and intended market of the uni ts but suggested the developers utilize city staff to identify various site alternatives. CouncilmelTher Waarvik moved to defeat Resolution 90-87. The motion was seconded by Councilmember Hanscom and adopted unanimously. e e A pul'lic hearing was held to approve a subdivision variance for constl~lction of one dwelling on an unplatted parcel abutting the Dokken-Wright Addition and Eleventh Avenue Northeast, submitted by Ronald Halliday. The City Planner informed the Council that moments prior to the last Planning Commission meeting Ron Halliday presented staff with a revised site plan illustrating his driveway accessing Third Street NE, rather than Eleventh Avenue. The existing plat is incomplete with regard to Third Street. Halliday I g interest in utilizing this right-of-way for access demands that a full easement extension is well worth considering, along with some level of roadway improvements. Councilmember Waarvik asked if Eleventh Avenue was being relocated. The City Engineer informed the Council that Mr. Halliday had sold a portion of the western boundary of his parcel to the State of Minnesota as it was the States intention to revise Eleventh Avenue. Councilmember Rice questioned if a culdesac was necessary on Third Street. The City Engineer informed the Council e that a driveway to Mr. Hallidays residence would come off of Third street NE and would not exist at the end of this street, therefore, no culdes~c was necessary. The City Administrator informed the Council that an easement would exist on this parcel of land assuring t"lat a right-Of-way would exist on the east boundary in the event the street would have to be extended in the future. Councilmember Kindseth moved to adopt Resolution 90-88, approving a subdivision variance for construction of one dwelling on an unplatted parcel abutting the Dokken-Wright Addition and Eleventh J. venue NE. Jame~ Keating approached the Council stating his concerns of not puttiJ1g in a culdesac at the end of Third street. He felt that this woul~ create a problem for vehicles to turn around in the event they entered the street in error. He does not want vehicles backing in and out of his driveway as they do at the end of Eleventh J.venue. He would like to see culdesac improvements as a second cOJ1dition of the resolution. The City Administrator agreed with Mr. Keating that a culdesac may be appropriate to end this street prC'"erly. Councilmember waarvik asked the City Engineer if his drawing included a culdesac. The City Engineer said the drawing was preliminal~ with no set dimensions. The City Administrator informed t,he Council a petition and waiver would need to be signed e by Mr. Halliday in order to continue on with the culdesac. Jake Merritt asked the Council if a driveway off of Eleventh Avenue would change the culdesac improvements. The City Engineer said the d-iveway would have to be approved through the Engineering Staff, anc at that time, the culdesac could be addressed. Councilmember Kindsethmoved to withdraw his earlier motion to approve Resolution 90-88, approving a subdivision variance for construction of one dwelling to an unplatted parcel abutting the DOkken-Wright Addition and 11th Avenue NE. The motion was seconded by Council member Hanscom and adopted unanimously. Councilmember Kindseth moved to table Resolution 90-88. The motion w~s seconded by Councilmember Waarvik and adopted unanimously. Staff was instructed to include the amendments as discussed in the feasibility report. A putlic hearing was held to rezone a 1.5 acre parcel located at 2426 Park Avenue from C-2 Highway Commercial to R-4 High Density Residential, on first reading. The City Planner informed the Council t:':\e Planning Commission had unanimously supported the downzoninc' of the "Morris farm site." The commission stated that the parcells size and immediate proximity to a R-2 area supported the chang~. Also cited was the fact that the parcel had no direct highway eXlJosure. Councilmember Waarvik moved to approve Ordinance 90-10, on first reading. The motion was seconded by Councilmember Rice and, upon roll call, adopted unanimously. Marilyn Pitt, e . e e custodian of the property, thanked the Council for granting the request and noted the benefit this would be for surrounding parcels. The City Administrator presented Resolution 90-89, granting preliminarr approval of Fire Relief Association Pension Consolidat.ion with PERA. He informed the Council this option was made possjble under new Minnesota statute 353A and could provide positive benefits to both the association and the City. The preliminary approval does not mean that consolidation will definitively take place, rather it will give the go ahead for actuarial calculations and determination of associated costs for the Councils final approval. Councilmember Rice moved to adopt Resolutior. 90-89. The motion was seconded by Councilmember Hanscom and adopted unanimously. Councilmember Erickson moved to approve Ordinance 90-07, request for rezoning of the mall addition property to C-3 and adjacent residential property to R-2 Low Density Residential, on second reading. The motion was seconded by Councilmember Waarvik and, upon roll call, adopted unanimously. The ci ty Administrator explained to the Council that the Department of Public safety, Fire/Code Division is recommending a change in the minimum staffing for on-duty personnel in the fire station an~ the adoption of Standard Operating Procedures for this manning level. This is a cooperative effort between management and the full time and parttime personnel in the Fire Department. The minimum mRnning level in the station would be lowered to three firefighters, which is a departure from the four man minimum that is currently in place. The Standard Operating procedures that have been developed assume that the minimum manning level will be three on occasion and takes into complete consideration the optimum safety ana protection of the firefighters and the general public. This procedures would utilize the parttime firefighters on a more frequent basis and assures that as many, or more, firefighters are dispatchea to the scene of a fire situation. The Eirector of Public Safety noted to the Council that these changes were due in fact to the budget cuts and the future goals of efficiency amongst the department. He also informed the Council these changes would be evaluated in three to six months to assure efficiency. The Deputy Director of Fire explained to the Council that there would be a reduction in the response to medical calls due to the number of firefighters that would be available with the new minimum manning level. CUrrently, the fire department responds to all medical calls, as well as rescue and fire situations. The new response would be limited to life threatening situations only and new proceaures have been established for the Law Enforcement e Dispatch s~ction and the fire department personnel. The procedures call for t'l1e fire department to also be contacted if there is any doubt as to the type of call or if North Ambulance is out of position c"1d requests their assistance. Councilmember Hanscom questioned the Deputy Director of Fire if there is a on-call list for the fulltime firefighters in the case the need arises to call in more help, and how the dispatch would determine if it was a life threatening situation. The Deputy Director Explained to Council that there would be an on-call list now for fulltime firefighters and all parttime firefighters will be dispatchec~ if the need arises. He also noted dispatch will receive additional training to determine life threatening situations, however, if any doubt arises the fire department would be dispatchec~ . Councilmember Waarvik commended staff and fire department personnel for their cooperative efforts and moved to receive and file the ~tatus report of Fire Standard Operating Procedures and Fire staffing. The motion was seconded by Councilmember Hanscom and adopt€d unanimously. Councilmember Waarvik moved to approve the following under Routine Business: e A. B. E. F. G. H. I. J. K. e L. C. Approve list of bills in the amount of Receive and file application for Charitable Gambling License - Eagles Presidents Club. Approve Temporary On Sale 3.2 Beer License for Faribault Greater Jaycees, Inc. Resolution 90-90, authorizing Mayor and City Administrator to execute license agreement for storm sewer crossing with Chicago & Northwestern Transportation Company. Resolution 90-91, restricting parking on the Heritage Festival Parade route. Resolution 90-92, declaring precinct boundaries and polling places for 1990 election and receive and file 1990 Election Calendar. Resolution 90-93, authorize Mayor and city Administrator to execute lease/purchase agreement with State of Minnesota. Resolution 90-94, receive and file petition for construction of public improvements to 2nd Street NW and order feasibility report. civil Service Commission organization Personnel Committee. WestMarc Cable Franchise renewal - refer to Personnel Committee. Receive and file Policemen I s Benefit Association Actuarial Valuation of Pension Fund. Receive and file Fire Relief Association Actuarial Valuation of Pension Fund. $201,774.77. Exemption from Aerie 1460 Past D. refer to e e e M. Resolution 90-95, receive and file Engineer's feasibility of improvements to First street SE in Brand Peony Addition and order July 24, 1990, public hearing. N. Receive and file Verna Ochs Report. o. Receive and file ETP Audit. P. Receive and file HURL Award. Q. Chamber of Commerce building site alternatives - refer to Finance Committee. R. Approval of SCDP pre-application. S. Resolution 90-96, amending Resolution 90-52 establishing a bid date of July 9, 1990 and ordering special assessment hearing for July 10, 1990, for improvements to Hulet Avenue from Bradley Road to TH 3. T. Approve certification of receipt of public funds for National Endowment for the Arts and refer to the Finance Committee. Moticn was seconded by Councilmember Hanscom and adopted unanimously. Councilmember Hanscom moved to adjourn at 10:20 p.m. Motion was adopte.d unanimously. Respectfully submitted, ~o~ -p;(~ Keilen Public Works Secretary