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HomeMy WebLinkAbout09.16.02 Council Minutes COUNCIL MINUTES REGULAR September 16, 2002 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, Cordes, Soderberg, Strachan, Verch None Joel J amnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Lee Smick, Planning Coordinator; Mike Schultz, Assistant Planner; Cynthia Muller, Executive Assistant Earl Teporten, Dan Johnson, Michael Heyen, Thomas Yauch, Fred Last, Ann Manthey, R. Pedersen, Victoria Munro, James Munro, Kate Harvey, Larry Johnson, Mike Heinzerling, Mike Burville, Perry Stevzel 4. APPROVE AGENDA Councilmember Verch pulled item 7a) Council Minutes (9/3/02 Regular) to abstain from voting as he was absent from that meeting. Item 10h) Adopt Resolution - Middle Creek 7th Addition Final Plat was added to the agenda. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Victoria Munro, 18863 Embers Avenue, presented a petition signed by 77 residents to have the speed reduced on Embers Avenue. They would like the speed reduced to 25 mph to have more control for stopping for children and pets. There are too many drivers speeding and they do not slow down or show caution. She obtained a copy of the traffic study performed in October 2001 showing lout of 4 cars speeding. Embers Avenue is I mile long without a stop sign. Ms. Munro stated there are stop signs on 180th and 186th Streets, and felt Embers Avenue has more traffic. She noted there are signs in other cities reading Slow down, Children At Play. There is more traffic now on Embers Avenue due to construction, and more people moving into the area. Loaded construction vehicles are Council Minutes (Regular) September 16, 2002 Page 2 traveling too fast and cannot stop for children. There is a sidewalk only on the east side of Embers Avenue. The children need to cross the road safely. Where do children ride their bikes? How do they get to the parks? There are no crosswalks. All residents she spoke with are unhappy with Embers Avenue. They are bringing the issue to Council because they need a safe road and would like a traffic study performed. Staff will respond at the next Council Meeting. Mr. Dan Johnson, 5225 Upper 183rd Street, has some concerns with his neighbors regarding cats and tall grass. Farmington does not have an ordinance pertaining to cats. His neighbor has 2-3 cats and there are other cats down the street. Residents let these animals run free. He has asked his neighbors repeatedly to do something about their cats. The cats are using his front lawn as a litter box, and it is ruining his front lawn. His son is allergic to cats. The neighbors behind him have had to remove their sandboxes because of animal waste. Mr. Johnson stated Lakeville has a nuisance ordinance where cats can be removed after a warning. Rosemount also has an ordinance. Mr. Johnson also called the city regarding his neighbor's lawn. Farmington has an ordinance restriction of 12" high, which Mr. Johnson thinks is ridiculous. He cannot do anything with his lawn, because the neighbor's weeds are so high. The city did cut the lawn after it was 16" high. He stated Rosemount's ordinance for grass height is 8", and they are working on reducing it to 6". Mr. Johnson has started a petition and will bring it to the next Council Meeting. Residents try to take care oftheir homes, so why should residents put up with this and reduce property values? Rosemount and Lakeville do something, why not Farmington? Staff will respond at the next Council Meeting. Mr. James Munro, 18863 Embers Avenue, spoke regarding the petition for 25 mph on Embers Avenue. He wanted to know if the speed can be lowered or if that has to be approved by the state? City Engineer Mann replied the lowest statutory speed limit he is aware of is 30 mph. He is not aware of a circumstance where a city has received special legislation for a lower speed. Mr. Munro is worried that next week they will be told there is nothing the city can do, and asked if the city will take the request to the state? Councilmember Strachan stated there are three elements to traffic issues, engineering in terms of road design, enforcement in terms of what is existing, and education. The city would like to do something, but it is a matter of how we get there. Mr. Munro thanked the police for the patrols. It has helped, but when the police are gone, the speeding continues. He then asked if the city is liable if the issue is brought to Council, nothing is done, and someone gets hurt? Mayor Ristow stated that is a legal question he will not answer. Staffwill respond at the next Council Meeting. Mr. Dan Johnson, 5225 Upper 183rd Street, said the Mayor stated the cat issue had been raised before. Mayor Ristow replied 2-5 years ago, and ifhe remembered correctly, it was costly to enforce such an ordinance. Mr. Johnson replied his son is allergic to cats, it can be life and death to him. It was a concern 2-5 years ago and the problem has not gone away. Staffwill research the issue and respond. Council Minutes (Regular) September 16, 2002 Page 3 7. CONSENT AGENDA MOTION by Strachan, second by Cordes approving Council Minutes (9/3/02 Regular). Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows: b) Acknowledged Resignation - Administration c) Acknowledged Resignation - Community Development d) Adopted RESOLUTION R79-02 Tax Forfeiture Pond and Well Sites- Administration e) Adopted RESOLUTION R80-02 Accepting Donation Senior Center - Parks and Recreation t) Received Information Capital Outlay - Parks and Recreation g) Received Information Compensation Study - Administration h) Received Information School and Conference - Fire Department i) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Akin Road Project Assessment Hearing - Engineering The Akin Road project consisting of bituminous overlay, trail and various utility improvements has been completed. The total project cost is $1,524,600. Per the assessment policy, 65% of the eligible project costs will be paid by the City and 35% of the project costs will be assessed to the benefited properties. The assessment amount per residential equivalent unit is $280.21. Anyone assessed for CSAH 31 was not assessed for Akin Road. There were two objections received, one from Bible Baptist Church~ and one from a private property owner. The state will be conducting a speed study on Akin Road this fall. A neighborhood meeting will be held prior to this study. Councilmember Strachan stated even though there are turn lanes, the City would still like to see a lower speed limit. Councilmember Soderberg stated there are sections of the road that can be designated as urban district designation, which gives Council the authority to set the speed limit at 30 mph. It would be preferable to have the state set a reasonable speed limit on the entire road, rather than Council designating sections of the road at a lower speed. Pastor Thomas Yauch, Bible Baptist Church, 19700 Akin Road, stated there have been a lot of close calls with traffic turning into the church, because of the speed on the road. A turn lane was installed going southbound. The assessment for the turn lane was $26~000. The church is concerned about that amount. In May of 2001 it was estimated to be $17,000 -low $20,000's. He needs more information in order to inform the church. City Engineer Mann replied this was assessed at 100% of the cost, as it is a new turn lane, and new improvements are assessed at 100%. Staffwill contact Pastor Yauch to arrange a meeting. MOTION by Soderberg, second by Verch to close the Public Hearing. APIF, MOTION CARRIED. Council Minutes (Regular) September 16, 2002 Page 4 MOTION by Cordes, second by Verch to adopt RESOLUTION R81-02 accepting the assessment roll for the Akin Road Project. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Middle Creek East Final Plat - Community Development D.R. Horton and Arcon Development propose to plat 72 townhome lots and 14 outlots on 74.7 acres in the Middle Creek East Final Plat. The property is located west ofthe Pine Knoll subdivision and south of the DNR Protect wetland. The developer proposes 2,3, and 4-unit buildings that are single level with a basement, marketed for $180,000. There are two accesses from the project with a third access to the south in the future. 203rd Street to the west will intersect with Pilot Knob Road and Akin Road to the east providing an east/west corridor. 203rd Street to the east adjacent to the McCarthy home is shown as a 38-foot wide road measured from the front of curb to the front of curb. This will require the removal of the McCarthy house. Contingent to the approval ofthe final plat, a settlement needs to be reached concerning the McCarthy house/easement. The second access is 206th Street that connects with Pilot Knob Road to the west. Eastview Avenue connects with 203rd Street on the north and is proposed to connect in the future with 208th Street on the south. The Middle Creek East Final Plat has the following contingencies: 1. Constructing 203rd Street to full-width in accordance with requirements established by the City Engineer. 2. A mutually agreed upon settlement is reached concerning the McCarthy house/easement. 3. Minor engineering issues need to be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. 4. Execution of a Development Contract between the Developer and the City and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. Councilmember Cordes asked if the McCarthy issue needs to be resolved before this moves forward. Attorney Jamnik replied the agreement under consideration has been indicated as acceptable by the developer. The terms of that settlement will be included in the Development Contract. If the McCarthy's do not agree, the issue will be brought back to Council. MOTION by Cordes, second by Soderberg adopting RESOLUTION R82-02 approving the Middle Creek East Final Plat. APIF, MOTION CARRIED. Council Minutes (Regular) September 16, 2002 Page 5 b} Adopt Resolution - Middle Creek 5th and 6th Final Plat - Community Development D.R. Horton and Arcon Development propose to plat 33 single-family lots on 20 acres in the Middle Creek 5th Addition, and 10 single-family lots on 4.2 acres in the Middle Creek 6th Addition. The lots in the Middle Creek 5th Addition (formerly the Wilson property) range from 9,843 square feet to 32,941 square feet. Outlot A is the DNR Protect Wetland and comprises 6.5 acres. A 75-foot buffer exists along the rear lot lines in Block 1 and is shown as a 25-foot easement on the lots. The Developer proposes access to the west on 203rd Street, with a width of 38 feet. The lots in the Middle Creek 6th Addition range from 12,106 square feet to 22,067 square feet. A 100-foot wide gas pipeline easement runs on the west side of the plat. The Developer proposes access to the west from Enright Court to Enright Way. Both additions include a cul-de-sac, which requires a sidewalk on one side of the street and parking on the other side of the street. Following are the contingencies for the Middle Creek 5th and 6th Addition Final Plat: 1. 3. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. Minor engineering issues need to be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 2. MOTION by Soderberg, second by Cordes adopting RESOLUTION R83-02 approving and authorizing signing of Final Plat Middle Creek 5th Addition, and adopting RESOLUTION R84-02 approving and authorizing signing of Final Plat Middle Creek 6th Addition. APIF, MOTION CARRIED. h) Adopt Resolution - Middle Creek 7th Addition Final Plat - Community Development (This item was moved forward to accommodate the audience). D.R. Horton proposes 82 townhouse units on 8.73 acres in the Middle Creek 7th Addition. The Planning Commission approved the Final Plat on September 9, 2002 with one contingency of receiving approval from Northern Natural Gas concerning driveway encroachments and storm sewer crossings. Staff recently received an approval letter from Northern Natural Gas. Council Minutes (Regular) September 16, 2002 Page 6 Contingencies for the Middle Creek 7th Addition Final Plat are: 1. Any engineering issues be addressed and approval of construction plans for grading, storm water and utilities by the Engineering Division needs to be granted. Execution of a Development Contract between the Developer and the City and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 2. MOTION by Soderberg, second by Strachan adopting RESOLUTION R86-02 approving and authorizing signing of the Middle Creek 7th Addition Final Plat. APIF, MOTION CARRIED. Council recessed at 8:25 p.m. and reconvened at 8:35 p.m. c) Adopt Ordinance - Temporarily Prohibiting Development in the "Opportunity Grant Study Area" - Community Development The Council was asked to consider whether development activity should be temporarily prohibited within a designated area ofthe City (County Road 50 and Spruce Street corridor) until a Master Plan for that area can be completed and approved by the City Council. There are four private property ownership groups (Don Peterson, Knutsen Family Ltd. Partnership, Jim and Nancy Allen, and William and Audrey Adelmann) and one public property owner (Dakota County) within this area. The Metropolitan Council awarded the City a $40,000 Opportunity Grant to be used for development of a comprehensive Master Plan for this area, to be completed by August of2003. Staff proposed an 18-month moratorium on development of this area in order to devise a Master Plan. A meeting was held with the property owners, where two of the owners indicated they were not opposed to the concept of a moratorium, but they would prefer that the time period be 12 months. One owner indicated they did not have an opinion regarding the proposed moratorium. The remaining owner was opposed to the adoption of a moratorium. Items that would be prohibited during the moratorium include: Change in official controls Plats Subdivision of land The issuance of conditional use permits, interim use permits, variances, and site plan approval. The issuance of building permits for new buildings or structures or to expand the foot print of an existing building or structure. The issuance of permits for new or relocated freestanding signs not attached to a building. Items that would not be prohibited are informal contacts between the property owners and outside parties, no restrictions on ability to sell property, no restrictions on working with city staff on what to do with the property and when, Council Minutes (Regular) September 16, 2002 Page 7 and no restrictions on interested parties participating in the planning process. Staff wants to avoid parties devoting a significant amount of time and expense reviewing proposals that need to be ruled upon by the City before the Master Plan is done. This is to protect the Master Plan process. The concept has been approved by the HRA, Planning Commission and staff. The process of the Master Plan was discussed. Staff would like to review the entire area. If the area south ofthe river is not included, it could affect the grant. All parcels north of the river have MUSA. The southern portion is slated for MUSA in 2005. Councilmember Cordes felt the Master Plan could be done without a moratorium. Councilmember Soderberg stated someone could come in within two weeks with a proposal, and stafftime would have to be used reviewing the proposal rather than working on the Master Plan. The purpose of a moratorium would be to give staff time to develop a Master Plan, and not have to plan around developer's proposals. In the end, the Master Plan would have to be approved by Council. Mr. Mike Burville, Chairman of the Community Development Committee for the Chamber of Commerce, stated the intent of the committee is to get more involved in the process. He stated the Chamber first heard about the moratorium a few weeks ago. The Chamber would like to see more public discussion regarding the moratorium before Council approves it. Mr. Burville would like to see a Letter to the Editor in the Independent, and have the issue brought back to the next Council meeting. The Chamber feels a 12-month moratorium rather than 18 months would be more appropriate. Ms. Ann Manthey, 104 Spruce Street, stated she is representing those who might work in the development and need a home, and would like to include some affordable housing in the mix. She supports the moratorium so the City can plan the best use of this area for the city of Farmington and everyone who lives here. Staff understands the Chamber's position, but feels the moratorium is necessary. In the absence of a moratorium, something could make it's way through the process, get approved, and the city would have to plan around it. Or if Council chooses to deny it because it's premature, the applicant, staff, and the Planning Commission have devoted a lot oftime to something that is not going anywhere. Councilmember Soderberg stated the moratorium is now public information and someone may try to beat the issuance ofthe moratorium. Mr. Burville stated the city would still be able to reject a plan that could come in within the next 3 weeks. Councilmember Soderberg replied Council would have to approve the plan ifit meets all the criteria. Mr. Burville stated if that were the case, it would be within the guidelines the city has already established. MOTION by Soderberg to pass the moratorium for 18 months, instructing staff to complete the Master Plan sooner if possible. Council Minutes (Regular) September 16, 2002 Page 8 Councilmember Soderberg stated there has been increased activ ty regarding that area. Mayor Ristow stated there are several things that need to e answered regarding the area. Attorney J amnik stated if Council is going to approve a moratorium to do a Master Plan he would suggest approving it now, rather than leaving a 3-week window for someone to come in with an application for development. Mayor Ristow stated even if the moratorium is approved, the Chamber would still have input. Council agreed input from the Chamber is important and to also include developers in the planning process. Mr. Burville stated approving the moratorium would foreclose any public discussion as to whether the moratorium and laying out development in that area is appropriate. Councilmember Cordes asked if Mr. Burville would rather have this area planned to the best the City can? Mr. Burville stated the Chamber is not opposed to planning, an opportunity should be given to the business community and citizens to say whether they think a moratorium is appropriate for the planning purpose, or ifthe city should let development ride. Mayor Ristow stated development could come in unplanned. Mr. Burville stated the Chamber heard about it two weeks ago, and the city is trying to let it slide through. Staff stated the grant has been discussed a few times, and was taken to the Planning Commission and HRA, it was openly discussed. After further public discussion, there would still be a mix of opinions and Council would still have to decide. The grant application specifically lists the parties that will decide on the Master Plan, and staff is obligated to follow the grant requirements. Mr. Matt Alexander, of New Century, Inc. representing the Knutson family, stated the concept plan they submitted was for discussion purposes only. It is in their best interest to create a Master Plan for the entire development. They do not intend to submit any plans within the next 3 weeks. Mr. Alexander would like to meet with the Chamber and other property owners after the next Council Meeting. Councilmember Strachan stated with those comments, and in order to receive input from the Chamber, he would not be opposed to waiting until the next Council Meeting to approve the moratorium. MOTION by Soderberg, second by Strachan, to approve the moratorium for 18 months, instructing staff to complete the Master Plan sooner if possible. MOTION by Soderberg, second by Strachan to table the item for 3 weeks to the October 7, 2002 Council Meeting. APIF, MOTION CARRIED. d) Adopt Resolution - St. Michael's Place Development Contract - Engineering Following are conditions of approval ofthe development contract: 1. The developer enter into the Agreement. 2. The developer provide the necessary security in accordance with the terms ofthis Agreement. Council Minutes (Regular) September 16, 2002 Page 9 3. The developer record the plat with the County Recorder within 6 months after City Council approval of the final plat. MOTION by Cordes, second by Soderberg adopting RESOLUTION R85-02 approving the execution ofthe St. Michael's Place Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. e) Schedule Workshop - Pavement Management Program - Engineering Staff would like to schedule a workshop to discuss the results of the pavement management program and to receive input and direction from Council regarding the creation of future Capital Improvement Programs. The workshop will be held October 23, with the budget workshop. The budget will be discussed first, and then the pavement management program. t) August 2002 Financial Report - Finance (Supplemental) As of August 31, 2002 revenues show building permits have exceeded budget by 18%. The general fund is at 62% of expenditures. g) School and Conference - Administration MOTION by Strachan, second by Soderberg approving attendance at the annual ICMA Conference in Philadelphia, P A, September 28 - October 2, 2002 for the City Administrator. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: Stated the Open House for the new facilities went very well and thanked staff for their good work. Councilmember Soderberg: Also said the Open House went very well, and he enjoyed the tours. Regarding the new stop light at Elm and 3rd Street, he felt a left turn signal from Elm Street to 3rd Street would be beneficial. Police Chief Siebenaler: The Cable Commission is in the process of developing a video tour, which can be seen on TV. He also invited residents to tour the facility. Parks and Recreation Director Bell: Volunteer Bucks. Informed Council of a new program at the Senior Center, Council Minutes (Regular) September 16, 2002 Page 10 Mayor Ristow: He received a concern from the teachers stationed at the crosswalk at the District Service Center. Buses line up on Walnut Street to 6th Street and it becomes congested. There are two stop signs on 6th Street, but he would like the Traffic Engineer to study the intersection. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:58 p.m. APIF, MOTION CARRIED. Respectfully submitted, /'1 _0- /p? 5:f,.,z,CUt:c;/ /7?~eL~t:.:J Cynthia Muller Executive Assistant