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HomeMy WebLinkAbout05.04.09 Council Minutes COUNCIL MINUTES REGULAR MAY 4, 2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Fogarty, May, Wilson Donnelly Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Cynthia Muller, Executive Assistant David McMillen, Doug Gilbertson, Lisa Akin 4. APPROVE A GENDA Councilmember May pulled items 7d) Parking Solution 20gth Street and Akin Road, and 7g) Bills for discussion. Councilmember Fogarty moved item lOa) Approve Flagstaff A venue Project Change order to the Consent Agenda. City Administrator Herlofsky removed the Executive Session as the materials have not been received. MOTION by Fogarty, second by Wilson to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Historic Preservation Month - Administration Mayor Larson proclaimed May 2009 as Historic Preservation Month. b) Heritage Preservation Award - Administration David McMillen, Vice-Chair of the Heritage Preservation Commission, presented the award to Feely Elevator represented by Doug Gilbertson. c) Preservation Alliance Presentation - Administration Ms. Ann Meyer, of the Preservation Alliance of Minnesota, gave a presentation advocating for the preservation of Minnesota's historic resources. d) Acknowledge Receipt of Combat Flag - Police Department Ms. Lisa Akin, representing the Warrior to Citizen Group, stated there will be a Vietnam Veterans recognition at the State Capitol on June 13. The group will provide a coach bus for veterans and their families to ride to the capitol to take Council Minutes (Regular) May 4, 2009 Page 2 part in the celebration. They would like to have a community parade in the afternoon to welcome them home. Police Chief Lindquist stated the Warrior to Citizen group held a meet and greet family night at the Police Department so family members would feel comfortable calling the Police Department at any time. Chief Warrant Officer Scott Karlan, whose family attended the event, wanted to recognize the Police Department. He sent a U.S. combat flag that was flown in Iraq to be displayed at the Police Department. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Wilson to approve the Consent Agenda as follows: a) Approved Council Minutes (4/20/09 Regular) b) Received Information School and Conference - Police Department c) Approved Appointment Recommendation Liquor Operations - Human Resources e) Acknowledged Retirement Fire Department - Human Resources f) Approved Certified Local Government Grant - Farmington Heritage Landmark Designations - Administration h) Approve Flagstaff Avenue Project Change Order - Engineering APIF, MOTION CARRIED. d) Parking Solution 20Sth Street and Akin Road - Police Department Soccer fields at the comer of 20gth Street and Akin Road cause a great deal of congestion in that area with after school activities. Last year a student was struck by a car on Akin Road, so staff installed temporary no parking signs on Akin Road. Police Chief Lindquist proposes no parking on Akin Road, 20gth Street, 20ih Street, 206th Street, Devonshire and Dallas Avenues. He explained the scenarios that led to his recommendation. There is enough room in the Middle School parking lot including the area for bus parking. The number one concern is safety. Councilmember May felt the proposal was too aggressive. It is not a gated community and felt we were making it so. They are public streets. She agreed with no parking on Akin Road and suggested starting with that along with no parking on one side of 20gth Street. Police Chief Lindquist stated the only area he would agree to allow parking is a small area furthest to the east on 20gth Street close to Dallas A venue. Police Officers will use discretion with ticketing. Flyers would be distributed prior to ticketing. The signs are intended for use when traffic problems are the worst on 20gth Street. Councilmember Wilson asked if ten signs were needed in the neighborhood and suggested two signs; one on Devonshire and one on Dallas. He also asked how calls will be addressed. Police Chief Lindquist stated the first couple weeks will Council Minutes (Regular) May 4, 2009 Page 3 be warnings. After that, it is citations. Regarding the number of signs, the residential only parking signs are only $10 each. Staff suggested more than two signs in case the sign was missed upon entering the area. They will start with the minimum number of signs needed. Councilmember Fogarty stated it is an unsafe situation. The school district wants the area safer as well. Her concern is the parking lot being full and having to park on the street. She trusted the officers will use discretion. Mayor Larson noted it is four days a week the residents have their neighborhood blocked by cars. He will trust the Police Chief s judgment and if it needs any adjustment Council will be informed. MOTION by Fogarty, second by Wilson to approve no parkin~ for the areas of Akin Road and 20gth Street, and resident only parking for 20i and 206th Streets, Devonshire and Dallas Avenues. Voting for: Larson, Fogarty, Wilson. Voting against: May. MOTION CARRIED. g) Approve Bills Councilmember May noted there are line items for mileage reimbursement and asked what the policy is for using company vehicles and when does staff request mileage reimbursement. Finance Director Roland explained if the City vehicles are available and convenient they are used. No City employees have a mileage allowance such as other cities do. If there are morning meetings, staff goes from home directly to the meetings. Staff does encourage car pooling, but in some cases, that is not possible. There is also mileage reimbursement for conferences outside the City. Councilmember Wilson asked about the payment to ALF Ambulance of $1 ,737. Finance Director Roland stated it is an insurance payment received before ALF turned over to Allina. We had to receipt the check and then repay it. MOTION by Fogarty, second by May to approve the bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS b) Approve Traffic Control - Flagstaff Avenue School Speed Zone - Engineering Staff is recommending a school speed zone in the vicinity of the new high school. This would include the area 570 ft. north of the north school entrance to 570 ft. south of the south school entrance. The speed would be 35 mph and be in effect from 7:30 a.m. to 4:30 p.m. Monday - Friday. The school district will participate in the cost of installing the signs. The approximate cost will be $500 - $750 for the signs and posts. Council Minutes (Regular) May 4, 2009 Page 4 Councilmember Fogarty noted the Police Chief is looking into a grant for signs that designate the speed being traveled. Her concern is accidents with the differences in speed. The police will be doing aggressive enforcement. Councilmember May asked if the City was able to make the decision regarding the speed limit. In other cases, it seems to be something the City cannot change. Staff explained this is because it is a school zone and statute allows cities to regulate the speed in school zones. MOTION by Fogarty, second by Wilson to approve the placement of appropriate signage on Flagstaff A venue to establish a 35 mph school speed zone from approximately 570 ft. south of the south entrance to 570 ft. north of the north entrance to the new high school. APIF, MOTION CARRIED. c) Consider Assessment Reduction Request - Finance Mr. I van Janssen, owner of K&K Auto Ranch located at the comer of 8th Street and Ash Street, has requested a reduction in a special assessment to his property. During the construction of Ash Street in 2005, Mr. Janssen requested approval to expand his business. As part of the Conditional Use Permit, the Planning Commission required him to correct the drainage issues on his property. He could piggy back onto the City's Ash Street project, and installed the appropriate drainage measures as part ofthat project. Mr. Janssen was assessed $20,000 for those changes. The improvements are in the public right-of-way. A few weeks ago, staff came up with a solution for the water problem in the Henderson Addition. The solution was to install a pump that would run continuously until the problem can be solved with further storm drainage. The pump outflows into the manhole in 8th Street in the right-of-way. Mr. Janssen has stated he paid for the improvements and requested a credit for his assessment. Staffs solution, which is consistent with other development projects, is that if a pipe is upsized for future use by the City in a right-of-way, the City does give credit for that in the Development Contract. In this case, the pipe was upsized from the original plan. The credit to be given to Mr. Janssen was $742.60. Mr. Janssen is requesting a $5500 credit to his assessment. Councilmember May asked about Mr. Janssen's comment that the solution for Hickory would be across TH3. City Engineer Schorzman stated that is the Henderson Storm Sewer project which has been proposed several times, but has not gone any further. The temporary solution was an opportunity to use the pump and the piping rather than send public works employees out there every time it rains. Councilmember May asked if there was discussion to share the cost. In Mr. Janssen's letter he states it was suggested by staff he tie the project into fixing the Hickory Street problem and the City would share the cost. Mr. Janssen is looking for a 25% reduction in what he paid. Councilmember May asked what the real ownership is. Finance Director Roland stated the project was due to the request from Mr. Janssen to develop his property for commercial purposes. He expanded the parking lot of his business for his own benefit. The Planning Council Minutes (Regular) May 4, 2009 Page 5 Commission required him to make the drainage changes. Councilmember May noted he did that and paid for it regardless if he piggy backed on something. Finance Director Roland explained this is done on a number of projects; to offer an opportunity to people who have additional things they need or want. The improvement is in the right-of-way, not on private property. Councilmember May noted the City is benefiting from him for doing the work. Mayor Larson stated if he had not put in the drainage that was required, he would have two lots and would not have the commercial business expanded the way he wanted. It was already a poor drainage area and when he expanded it created an incredible amount of runoff. This did benefit him. The City did pay for the increase in pipe size. He saved the City $742.60 worth of up sizing the pipe. If this had not been done, the City would have continued to pump the water. City Attorney Jamnik noted the staff recommendation is consistent with previous policy and practices with regard to private development. If the City requests a developer to oversize public facilities, the City reimburses the developer for the oversizing costs. Councilmember Wilson stated if we deviate from the recommendation we could have other residents with claims. City Engineer Schorzman spoke with Mr. Janssen after he received a copy of the letter and explained the conclusion. Mr. Janssen did indicate an understanding of the process and consistency throughout the developments. MOTION by Fogarty, second by Wilson to approve a $742.60 reduction ofthe special assessment at 1024 8th Street in consideration of the up sizing of the storm sewer pipe. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Vermillion River Crossings Update - Finance The Dakota County CDA has negotiated with the developers of the Vermillion River Crossings project, lAND, LLC. They negotiated to purchase a 2.44 acre parcel on the corner of Spruce Street and Dushane Parkway. Outlot F will be a senior housing building. The CDA is a tax-exempt organization. They pay a payment in lieu of taxes. This presents an issue because the Vermillion River Crossings project has special assessments assigned to all of the lots. The assessments are for the Spruce Street bridge and extension project. As a part of the Development Agreements, the assessments were to pay for the bonding for the project, but they would be abated. The City's portion of the taxes would be paid back to the developers on an annual basis as tax payments were received. If there are no taxes, there is no abatement. The first issue is the assessments currently outstanding on the parcel are over $184,000. These assessments would normally be included in the price of the land, however, the price negotiated does not include the full amount of the assessments. Staff is proposing a Fourth Amendment to the Development Agreement which includes the assessments against this parcel be reduced by half; to $92,006. This can be paid at closing and will come into the City at the time of closing on the land. The proposal includes that the remainder of the assessments be eliminated at this time. However, future Council Minutes (Regular) May 4, 2009 Page 6 payments in lieu of taxes from the CDA would be identified to the City by the County when they are made and the payments would go toward the debt service which is required to be paid by those special assessments. The payments would be made over 15 years, and would have the same affect as abatement. Councilmember Wilson asked why this was negotiated for a lower amount. City Administrator Herlofsky stated they asked what percentage the City would be willing to pay. He did not give them a percentage and told them to give the City the opportunity to see this project successfully completed. Council is not obligated to do this. With the provisions provided through the abatement, the City will not see much of the money. This will offer development of the property which will encourage other development in the general area. The dollar amount is a point where both parties could make the sale. Councilmember Wilson asked if there is $92,000 at risk that was not at risk before. Finance Director Roland stated it is not at risk because there will be payments in lieu of taxes. There are assessments on the properties that need to be paid in order for the bonds to be paid. If the assessments do not get paid, taxpayers will pay the bonds through taxes. Weare collecting part of the special assessments which will be paid upfront and put into the fund to make payments. The balance will come in a tax levy, although not against all properties in Farmington, just against the one building that will be built by the CDA. Councilmember Wilson asked about a timeline for the final plat. City Administrator Herlofsky felt the final plat would come next summer. Councilmember Wilson asked about the completion of Dushane Parkway. Finance Director Roland explained that is part of the Third Amendment to the Development Contract and the deadline for completion is December 31, 2009. MOTION by Fogarty, second by Wilson to approve the Fourth Amendment to Development Agreement with lAND, LLC. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) 2010 Census - Administration Council should advise City Administrator Herlofsky if anyone would like to become involved in the Census process. Councilmember Fogarty: Wanted to make sure everyone on Council has completed the review for the City Administrator. She suggested holding the Executive Session for the review on May 18, 2009, prior to the regular Council Meeting so it is completed before considering his contract. Council agreed to hold the Executive Session at 6:00 p.m. City Engineer Schorzman: He received an e-mail from a resident in Sunrise Ponds requesting information on where their development stands. Staff was informed last Council Minutes (Regular) May 4, 2009 Page 7 Friday that both the developer and the bank no longer exist. Staff will monitor the proceedings. Sunrise Ponds is located on the east side of Farmington at the end of 21 oth Street. He received a call from Dakota County and they are interested in pursuing a federal grant to do some work on the intersection of Pilot Knob Road and 19Sth Street. Staff will work with them on the application. Mayor Larson: He urged Council to call Senator Pariseau to thank her for her assistance in legislation to bring the Department of Motor Vehicles to Farmington. Last Friday he attended the ribbon cutting for the Grand Hall Studio at 3rd and Oak Streets. This is perfect for birthday parties, receptions, etc. He thanked all the volunteers for Earth! Arbor Day and pond clean-up. He thanked everyone who came to the Mayoral Ball. It was a huge success. 14. ADJOURN MOTION by Fogarty, second by Wilson to adjourn at 8:41 p.m. APIF, MOTION CARRIED. Respectfully submitted, //;~/? //~ ~;>-. --C.-/~ ;h-;J~-<J ,::>' Cynthia Muller Executive Assistant