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HomeMy WebLinkAbout04.07.03 Council Minutes COUNCIL MINUTES REGULAR April 7, 2003 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: Audience: Ristow, Fitch, Fogarty, Soderberg Cordes Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Lisa Shadick, Administrative Services Director; Brenda Wendlandt, Human Resources Director; Jim Atkinson, Assistant City Planner; Cynthia Muller, Executive Assistant David Pritzlaff, Justin and Tina Markeson, Tom and Cathy Hemish 4. APPROVE AGENDA MOTION by Soderberg, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim April Alcohol Awareness Month MOTION by Soderberg, second by Fitch proclaiming April as Alcohol Awareness Month. APIF, MOTION CARRIED. b) Proclaim Arbor Day MOTION by Fitch, second by Soderberg proclaiming April 25, 2003 as Arbor Day. APIF, MOTION CARRIED. c) Proclaim Earth Day - April 22, 2003 MOTION by Fogarty, second by Soderberg proclaiming April 22, 2003 as Earth Day. APIF, MOTION CARRIED. d) Proclaim Volunteer Recognition Week - April 21-25, 2003 MOTION by Soderberg, second by Fogarty proclaiming April 21-25, 2003 as Volunteer Recognition Week. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS Council Minutes (Regular) April 7, 2003 Page 2 7. CONSENT AGENDA MOTION by Fitch, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (3/17/03 Regular) b) Received Information Park and Recreation Commission Minutes - Parks and Recreation c) Approved Appointment Recommendation - Human Resources d) Approved Appointment Recommendation - Police Department e) Adopted RESOLUTION R19-03 Accepting Donation Menasha Corp. - Parks and Recreation f) Approved Amendment to Curbside Recycling Agreement - Parks and Recreation g) Approved Temporary On-Sale Liquor License St. Michael's Church - Administration h) Approved Contract Riverland Community College Firefighter Training - Fire Department i) Received Information School and Conference - Fire Department j) Approved School and Conference - Administration k) Approved 2003 Federal Emergency Management Agency Grant - Fire Department 1) Approved Street Sweeping Contract - Engineering m) Adopted RESOLUTION R20-03 Amending Fees and Charges Resolution- Community Development n) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Main Street Area Reconstruction Project - Engineering The proposed improvements to the Main Street Project area include the reconstruction of streets, construction of new storm sewer and the reconstruction and upgrading of trunk and lateral sanitary sewer, water main and storm sewer. The reconstruction ofthe street and utilities along Main Street also require street and utility improvements along 4th Street, 5th Street and Willow Street. Trunk storm sewer needs to be reconstructed along 4th Street from Main Street north to the river. Trunk sanitary sewer needs to be reconstructed along 5th Street from Elm Street to just north of the river to the MCES interceptor. It is proposed the improvements be bid as two separate projects due to the size and timing aspects of the projects. Phase 1 would consist of the streets and utilities along all of 4th Street and 5th Street north ofthe railroad tracks and Willow Street between 4th Street and 5th Street. Phase 2 construction would consist ofthe reconstruction of Main Street between 3rd and 8th Streets, 4th Street between Main Street and the railroad tracks, 5th Street from Elm Street to the railroad tracks and 6th and 7th Streets 1/2 block north and south of Main Street. During the neighborhood meeting on March 27,2003, a discussion was held regarding the proposal to close off Main Street at Trunk Highway 3. Residents Council Minutes (Regular) April 7, 2003 Page 3 who spoke at the meeting were in favor of the closure and a petition was also received. The city's assessment policy states that reconstructed streets and lateral utilities are assessed at a rate of 35% of the improvement costs. Assessments for new lateral street and utility costs are calculated at 100% per policy. Trunk sanitary sewer, storm sewer and water main are funded from city trunk funds. Per policy the Council is limited to whether they can assess to the appraised benefit that the properties will receive from the improvements. According to the appraisal the maximum benefit received would be $6,000 per residential equivalent unit. For Phase 1 the actual assessed amount per policy would be $9,600, compared to the $6,000 which is sustainable. In Phase 2 there are two different numbers for the policy. Those that do not have storm sewer would be assessed at 100%, $17,200. Where there is already storm sewer, the assessment amount would be $11,300. The city cannot assess more than what the appraisal suggests. The total project cost is $5,290,000. The assessed amount would be $830,900, and the city cost would be $4,460,000. The costs would be funded with an improvement bond. An annual tax levy to support the bonds would be necessary to fund the 65% ofthe project costs. Councilmember Soderberg pointed out the difference in the amount the city is able to assess and the actual assessment, will be picked up by the city. He also mentioned the closure at Hwy 3 would just be the access onto Hwy 3, the frontage road would remain open from Willow Street. Councilmember Fitch asked if the decision needed to be made tonight regarding the street closure. City Engineer Mann replied it would not need to be decided tonight, as that part of the project would be done next year. Councilmember Fitch then asked how many other projects similar to this could be coming in the next few years. City Engineer Mann replied there are 4-5 projects. These projects would also include utilities. Councilmember Fitch asked if the city can afford to take on those projects, knowing we may need to eat 15-20% more assessment. City Engineer Mann stated one of the things to be accomplished this year is the pavement management program. The streets will be rated in the order they need to be repaired and costs will be estimated. Mr. Dick Hanson, owner of20 4th Street, asked what the life expectancy is ofthe improvements. Staff stated it is 50-75 years. The new PVC ripe for sanitary and storm sewer could be longer. Mr. Hanson then asked why 4t Street north of Main Street to the river needs to be redone as it was done 30 years ago. Staff stated it needs to be redone because trunk storm sewer needs to be installed. In 1997, it was identified the pipe needs to be upsized. This needs to happen before improvements can be made to the south. Mr. Hanson then asked why they are assessed when they have adequate service? Why assess them for another part of the city? Staff replied the storm sewer is totally funded by the trunk fund. They are being assessed for street and water main improvements. \ Council Minutes (Regular) April 7, 2003 Page 4 Finance Director Roland then gave a financial presentation. When 4th Street was reconstructed there was a portion paid for by the water and sewer funds, and storm water utilities as well as assessable costs. The difference between the project costs and assessable costs is $205,000. As part ofthe bond issue, those costs were repaid over time by tax levy dollars. The city is still levying for these bonds because the funds originally used in 1992 were not levied for in the interim. A supplemental levy has been done since 1997 to cover those costs. There are a number of special assessments that were deferred, not entirely paid, or certified. The supplemental levies have had to make up that deficit. In 1994, the city did the Oak Street and Pine Knoll projects. The Oak Street project was a total cost of $882,000. Some costs came from storm sewer, sanitary sewer, water fund, and assessments. The balance was to come from a tax levy. When the bonds were issued Pine Knoll was also done. Pine Knoll had some higher assessments and some were reduced prior to the change in the city's policy. This is reflected as a credit of $240,000, which increased the amount of the city's levy. These amounts should have started in 1994 and will be done in 2009 in order to make up for the city's 65% cost ofthe project. Subsequent to 1994, bond issues for reconstruction of roads did not rely on a debt levy because funds came from MSA and they were enough to make up the difference, or funds came from the county. Now when reconstruction projects are done there is a gap between the assessments and the city funding. The statutory authority is there for Council's to levy additional taxes over a period of time to cover the debt service on the bonds. Two years ago the city issued Permanent Improvement Revolving fund bonds for Akin Road. The idea is to build up a fund that can be used instead of debt levies. It has not had enough time to accumulate money to be used for the Main Street project. The total project cost is $5.2 million. In 2006 the city would add to the debt levy $277,670 and that would be over 15 years. By 2006 enough debt has fallen off that adding it maintains the level of $1.1 million in debt. Because the city has debt that falls off and levies that are no longer needed for other bond issues, that money becomes available for bond issues such as Main Street. In 2006 the debt as a percentage ofthe requested levy is less than Council's required 25% limit, which amounts to 21 % ofthe total levy. The legislature is currently looking at Senate File 330, which eliminates any debt issued after May 31, 2003 that would increase the debt levy in 2004 and 2005. Which means, the city could not do the project, because we could not issue the debt for the project. House file 751 says debt can be issued, but many types of debt would not qualify as special levies, it would only qualify as part ofthe city's total levy. If these bills are not adopted, the city does have the financial capability to do the project. MOTION by Soderberg, second by Fogarty to close the public hearing. APIF, MOTION CARRIED. Councilmember Fogarty stated she would like to see Council consider closing Main Street. At the neighborhood meeting, this is what the residents wanted. The residents are concerned with the speed offHwy 3. Councilmember Fitch stated he would like to discuss it further. He is not saying he is opposed to shutting it off, he would like to look at a couple alternatives. Mayor Ristow stated it will be discussed before the final closure. MOTION by Council Minutes (Regular) April 7, 2003 Page 5 Soderberg, second by Fogarty adopting RESOLUTION R21-03 ordering the Main Street Project, authorizing the preparation of plans and specifications for the project and setting the bid date for Phase I of the project. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) 2003 Seal Coat Project - Engineering (Supplemental) Allied Blacktop submitted the low bid in the amount of$59,957.60. The estimated assessment amount is $65.04. The total estimated project cost is $83,761. Mayor Ristow asked if there is some portion removed from the project, what does that do to the bid price? City Engineer Mann replied the part that is removed the city does not have to pay for. The project cost could be lower and there would be fewer homes involved. This will not significantly affect the assessment amount. The streets will be evaluated before the project starts. Mayor Ristow would like the evaluation brought back to Council before the project starts. MOTION by Fitch, second by Soderberg adopting RESOLUTION R22- 03 accepting the base bid of Allied Blacktop in the amount of $59,957.60 and awarding the project, and directing staff to prepare the proposed final assessment roll allocating 50% of the project costs to the benefiting properties. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) February 2003 Financial Report - Finance As of February 28,2003 revenues for building permits are at 33% of total annual revenue for building permits and the year is only 16.7% over. Expenses are 13% of annual expenditures. b) NPDES Phase II Storm Water Pollution Prevention Program - Engineering The city is required to submit a permit application as part of the implementation of the National Pollutant Discharge Elimination System program, Phase II. The Storm Water Pollution Prevention Program addresses the reduction or elimination of pollutant discharges to the city's storm water system. There are six minimum control measures covered in the regulations: Public Education and Outreach Public Participation/Involvement Illicit Discharge Detection and Elimination Construction Site Storm Water Runoff Control Post-Construction Storm Water Management in New Development and redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations The SWPPP is implemented over a 5-year period and expenditures are funded out of the storm water utility fund. MOTION by Fogarty, second by Soderberg approving the Storm Water Pollution Prevention Program. APIF, MOTION CARRIED. Council Minutes (Regular) April 7, 2003 Page 6 c) Dakota County East-West Corridor Study - Farmington/Lakeville Joint Resolution - Engineering Four corridors have been identified. Corridor B is north of the city in Lakeville. Farmington is concerned that we be allowed to have connections to corridor B. Lakeville does not want this alignment to go beyond their city limit to the east until the proposed gravel mining to the east is completed. Corridor C is 195th Street. Corridor D is 208th Street. The resolution acknowledges this street will remain a city street in both cities. Corridor E is Ash Street. The alignment is to be constructed as a 3-lane road between Denmark and TH3 as an interim design until traffic volumes indicate the need for a 4-lane road. The 3-lane road should suffice for 20-25 years. Lakeville and Farmington support Dakota County's East- West Corridor Study. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R23-03 approving the Dakota County East-West Corridor Study. APIF, MOTION CARRIED. d) Adopt Resolution - Street Utility Legislation - Engineering The City Engineer Association ofMN, the MN Chapter of the American Public Works Association and the League ofMN Cities have sponsored a report entitled, "Funding Street Construction and Maintenance in Minnesota's Cities" in order to summarize current street funding mechanisms and recommend new alternatives. The three recommendations that would assist cities directly include: 1) changes to Chapter 42, 2) legislation that would allow cities to institute a Transportation Utility, and 3) legislation that would authorize communities to collect impact fees with building permits. The resolution would show the legislature Farmington's support for the three recommendations. Adoption of this resolution does not indicate that Farmington is committed to instituting a transportation utility fee or impact fees at this time. MOTION by Fitch, second by Soderberg adopting RESOLUTION R24-03 supporting the adoption oflegislation that would provide policy options to address street funding. APIF, MOTION CARRIED. e) Adopt Resolution - Preliminary and Final Plat and Wetland Alteration Permit - Emmaus Grove - Community Development This is the future site of Farmington Lutheran Church and is located on Akin Road, north of208th Street. The applicant is also seeking approval ofa Wetland Alteration Permit. Outlots A, B, and E are reserved for future development. Outlots C and D are wetland/stormwater ponds. The main access will be along Devonport Drive. A second access is proposed to the north, and will be constructed in a future phase. Some fill is needed in the wetland amounting to .63 acres. The mitigation plans call for 1.26 acres to be replaced. The church has purchased land in Rice County to mitigate the wetlands. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R25-03 approving the preliminary and final plat and wetland alteration permit for Emmaus Grove. APIF, MOTION CARRIED. Council Minutes (Regular) April 7, 2003 Page 7 1) Adopt Resolution - Preliminary Plat - Meadow Creek 3rd Addition- Community Development Progress Land Company proposes to plat 68 single-family lots on 31.3 7 acres in the third phase of Meadow Creek. The main issue is the Lake Julia waterway. The location of the ditch has been agreed upon and determined that the design of the ditch would not affect any of the proposed lots. One contingency is that lots 1-5 (closest to the waterway) would not be issued building permits until construction ofthe ditch is completed. Councilmember Fogarty noted there were nine lots that did not meet the 75-foot width requirement in the front. Staff stated the front yard lot width is measured at the setback line, which does meet the 75- foot requirement. MOTION by Fitch, second by Fogarty adopting RESOLUTION R26-03 approving the Meadow Creek 3rd Addition preliminary plat. APIF, MOTION CARRIED. g) Quarterly Customer Service Report and Annual Summary for 2002 - Administration Council received the Customer Service Response Report for the 4th quarter of 2002 and the 2002 annual report. Staff received a 100% rating for the quarter for "how promptly the city reacted to citizen requests," for "how personally satisfied citizens were with service outcomes," and for being "courteous and helpfuL" h) Quarterly Building Report and Population Estimate - Community Development A decision was made by staff to base the city's population on Certificates of Occupancy rather than upon building permits. Population estimates are as follows: Population as of 1/1/01 13,250 Population as of 1/1/02 14,728 Population as of 1/1/03 16,616 Population as of3/31/03 16,952 During the first quarter of 2003 the city issued 180 building permits, which is a new record. Of the total 117 were for single-family homes and 63 for townhome units. The average building valuation of the single-family homes was $186,800 and for townhomes was $120,371. If the 180 building permits is 20% of the total for the year, staff is looking at 800-900 building permits for the year, which has serious ramifications in terms of workloads, processing times for building permits, future development, etc. Staff will monitor this over the next couple months. i) AUAR Spruce Street Corridor - Community Development Staff discussed the environmental review of the Spruce Street Corridor area, which consists of 450 acres south ofCSAH 50, and west of Denmark Avenue. There are three basic varieties of environmental review: an Environmental Assessment Worksheet (EA W), an Environmental Impact Statement (EIS), and an Alternative Urban Area-wide Review (AUAR). Staff recommended the area be Council Minutes (Regular) April 7, 2003 Page ~ looked at under an AUAR. This allows for an overall picture ofthe entire area. One issue with trout streams is the temperature and the need to infiltrate water to deal with the temperature and the volume that is entering the river. Infiltration basins are dependent on the type of soils. The soils will vary across this site and the mitigation for the impacts ofthis development would best be identified by a review that would encompass all of the property. It is proposed that the property owners share in the cost ofthe AUAR as the properties are developed. This would be more cost effective rather than having several EA W's, that somewhat duplicate the effort. Councilmember Fitch asked if the AUAR is more of a guess than an EA W. Staff replied there would be more planning done before an EA W is performed. That is one difference between an AUAR and EA W. Another difference is the AUAR has a mitigation plan attached to it. The EA W identifies the issues that have to be dealt with, but does not show the plan for how to get that done. Councilmember Fitch asked if the AUAR is done now, is it based on an assumption of what could be built? Would there be a limitation of what could be built because of an assumption on an AUAR versus an EA W? Staff replied with the mitigation for trout streams, there will be an assumption as to what level of density will be occurring on those properties. Based on those assumptions and the parameters set by the agencies and developers, there would be a certain amount of basins required per acre. In the future, if there were less development, that could be changed. The mitigation would be worded to account for those changes. Councilmember Soderberg stated he was in agreement with doing the AUAR, as it does look at the entire area and addresses variables in development. Councilmember Fitch asked if the process could be faster than an EA W. Staff replied up front it could be slightly longer, but the EA W's could take longer at the end. MOTION by Fogarty, second by Soderberg authorizing staff to immediately initiate an AUAR for the Spruce Street Corridor Area in order to complete the environmental review of that area in the most efficient and cost- effective manner. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: She received a call requesting letters from children. She contacted the schools and in five days, the schools came up with 500 letters that will be sent to Iraq from school children. St. Mathias School had a penny challenge for kids. In five days the 70 students came up with 78 letters and $1100 in spare change that goes to the Red Cross. Council Minutes (Regular) April 7, 2003 Page 9 Councilmember Soderberg: In February he gained a daugher-in-Iaw and in the near future she will be going to Baghdad. People have stopped him and said to thank his children for serving. A clerk in town made a bow for their yard. He thanked the veterans and troops that are serving. He encouraged citizens to give support to parents and troops. Councilmember Fitch: Regarding the winter parking ban, he asked why April 15 was selected as the cut-off date. Police Chief Siebenaler stated April 15 was chosen as it is recognized as the end ofthe possible snow season. Councilmember Fitch noticed some yards had become parking lots in the winter, and yards do not grow back after that. Mayor Ristow stated residents were given a year to obtain off-street parking. Parking in front yards is illegal. Councilmember Fitch also stated he was very excited, rewarded, and happy about how the retreat went. Good progress was made. Finance Director Roland: Council was given a flyer regarding Cities Day at the Capitol on Wednesday. Council should contact her if they plan to attend. Staffwill be attending the press conference. Parks and Recreation Director Distad: He wanted to make Council aware of the light poles and that the banner flags had been put out in support of the troops. Mayor Ristow: Council should respond to Human Resources Director Wendlandt regarding health insurance for the Council. 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 9:08 p.m. APIF, MOTION CARRIED. Respectfully submitted, /-) 7 d// _;Lr~-~ ?n<-.<eg,<J Cynthia Muller Executive Assistant