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HomeMy WebLinkAbout11.20.00 Council Minutes COUNCIL MINUTES REGULAR November 20, 2000 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, Soderberg, Strachan Cordes, Verch Acting City Attorney Poehler, City Administrator Erar, City Management Team 4. APPRO~AGENDA MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Traffic Concerns - 187tb Street and Elgin Avenue The City's traffic engineer has reviewed the intersection at 187th Street and Elgin Avenue, and the Police Department has performed a traffic survey to review speeds and turning movements at the intersection. Based on these reviews, it is recommended that no modifications be made to the intersection control at 187th Street and Elgin Avenue. Mr. AI Deaton, 18775 Pilot Knob Road, stated he has applied for a burning permit three times and has been denied each time. He stated he had been issued a ticket for an unattended fire, but no one was home at the time. The ticket issue has been taken care of. He spoke with Attorney Matt Brokl, who according to Mr. Deaton, stated there is no reason he should be denied a permit. Mr. Deaton has been waiting to hear from Fire Marshall Brad Schmoll, but has received no response. Mayor Ristow stated staff will review the situation and respond at the December 4, 2000 Council Meeting. ~ ""t! . Ms. Elaine Schultz, 20475 Chippendale Avenue, has a concern with the assessment for County Road 72. At that time, they owned 3403 213 th Street. They attended the meetings with City Engineer Lee Mann. She stated they had an understanding, part of it was verbal. There are two lots with:two ID numbers. When the property was sold, and when they were working with Lee Mann, it was their understanding it would be considered as one lot, as the other lot is not buildable. They sent a letter dated May 14, 1999 to City Administrator Erar and City Engineer Mann requesting not to have sewer or Council Minutes (Regular) November 20, 2000 Page 2 water stubbed in to the vacant lot. They received a letter dated March 29, 1999 with the estimated assessment. They did sign an agreement to waive any other assessment charges with the understanding that this was going to be the approximate price. The money was set aside in escrow. The property was sold to Darcy and Daniel States. The States received the information and were assessed for both lots. One lot was assessed for $9,200, the other was approximately $10,000. She stated City Administrator Erar was great to work with to try to explain the situation. There was a meeting October 2, 2000 for residents to dispute the assessments. City Administrator Erar did get part of it deferred, with an amount owing of$2,825.99. They thought they had to pay this, and then they were not sure. If it was done per ID number, why were they not notified? Ms. Schultz would like to know if the Council can do anything. A lot of things were done verbally and would like to get it corrected if possible. Mayor Ristow stated staff will review the situation and respond at the December 4, 2000 Council Meeting. 7. CONSENT AGENDA Councilmember Soderberg pulled the Council Minutes to abstain from voting as he was absent from the 11/8/00 Special Council Meeting. As two councilmembers were absent from this meeting, approval of the Council Minutes from 11/8/00 (Special) were tabled to the December 4, 2000 Council Meeting. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: a) Approved Council Minutes (11/6/00) (Regular) b) Received Information on Capital Outlay - Administration c) Adopted 2001-2005 CIP d) Approved Various City License Renewals e) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Certification of Delinquent Municipal Utilities Minnesota Statutes grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. These utility bills can be for water, sewer, storm water, and garbage services. All property owners with utility bills over 90 days overdue were mailed notices and may pay their delinquent amount by December 1, 2000 to avoid certification. At the time of notice, 342 accounts in the total amount of $129,118.38 were outstanding. MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg adopting RESOLUTION R94-00 certifying the delinquent accounts as special assessments to the 2001 taxes of the appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT Council Minutes (Regular) November 20, 2000 Page 3 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - Conveyance of Tax Forfeited Property There is a discrepancy between Dakota County and CP Railway as to whether former railroad property located between 3rd Street and 5th Street north of Elm Street should be considered tax forfeited. Staff requested this item be continued to the December 4, 2000 Council Meeting. b) Consider Proposed Adult Entertainment Ordinance - Discussion This ordinance is intended to replace the current interim ordinance. The ordinance is proposed to regulate the location of sexually oriented adult establishments through zoning restrictions. Cities are allowed to establish through zoning ordinances definitions of what constitutes an adult establishment and where these types of establishments may locate within a community. The area of the City being recommended for these types of establishments is the Light Industrial and future Business Park areas along County State Aid Highway 50 and County State Aid Highway 31 (Pilot Knob Road). This area is being recommended because of its distance from schools, churches, parks and other similar uses that are not compatible with this type of use. A public hearing was held by the Planning Commission on November 14, 2000. The Planning Commission recommended adoption of the proposed ordinance. Councilmember Strachan asked if a video store has an adult section, would that need to be located in this area? Acting City Attorney Poehler replied no, the ordinance is set up so they can locate in the business district as well as the industrial park, provided they meet certain criteria as far as amount of floor space allocated and net sales for adult type materials. There is a distinction between on- site consumption of adult materials and off-site. Councilmember Strachan asked if the ordinance deals with alcohol at adult oriented businesses? Attorney Poehler replied that would typically be a licensing issue or included in the liquor license ordinance. Councilmember Soderberg stated this ordinance provides for these types of establishments to be considered a permitted use. He asked Council if they find it curious that we have an industry that has incredible volumes of data that points out it is detrimental to a community, and would have a zoning that has a permitted use, and yet churches, schools, and other industries that are conditional use only. He would like to see this as a conditional use to provide more control. Attorney Poehler replied providing a conditional use permit requirement, where the Supreme Court requires a 5% land availability, further limits their location and leaves it more to the City Council to either permit or deny these uses, further possibly restricting the locations that are available, based on additional criteria beyond what is provided for in the ordinance that we know are legally defensible. Mayor Ristow stated staff has provided us with material, which we need to read and study for the December 4, 2000 Council Meeting. Council Minutes (Regular) November 20, 2000 Page 4 Community Development Director Olson stated there is a section in the proposed ordinance that prohibits the sale of liquor at an establishment of this type. Regarding Councilmember Strachan's question regarding a video store with an adult section, they are limited to 10% of floor area and 20% of gross receipts for that type of activity, and no on-site consumption is allowed. Councilmember Strachan asked if it can be a requirement that magazines be out of public display, such as behind the counter? Attorney Poehler replied that requirement is more of a licensing requirement, rather than a zoning requirement, but she will review it. The interim ordinance expires the middle of December so this item will be brought back to the December 4, 2000 Council Meeting. c) Developer Request for Public Improvement - Sanitary Sewer Mr. Jim Allen requested this item be continued until the December 4, 2000 Council Meeting as he is currently out of town. d) Flagstaff Citizen Petition - Process Issues A petition was received at the November 6, 2000 Council Meeting regarding the condition of Flagstaff Avenue. Staff will schedule a neighborhood meeting in order to obtain resident input regarding the issues along Flagstaff Avenue. This meeting will be held in January due to the holidays. Councilmember Soderberg stated staff spent a great deal of time locating addresses. He suggested criteria be developed for accepting future petitions containing legible names and addresses. Mayor Ristow stated this could be added to the Council Goal Setting Workshop and the outcome published in the City Newsletter. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Consider Resolution - 2000 Budget Reappropriations The adopted 2000 budget was prepared and submitted to Council in August of 1999. Many things may change in an I8-month period and what might have been a reasonable revenue or expenditure assumption in June of 1999 may not hold true in November of 2000. An annual reappropriation is done in the fourth quarter of the year to best reflect the City's operations for the year. The revenue projected in the 2000 General Fund adopted budget was $3,929,190 before transfers in. Because of increased building permit revenues and increased fines and forfeitures revenues, the City is anticipating an increase in revenues of $163,359. The 2000 adopted budget called for $4,152,008 of General Fund expenditures. The revised projection calls for an increase of$I6,577. This is due to personnel costs in the Community Development and Police Departments and represents a 0.39% (less than one percent) change in revised expenditure forecasts from the adopted budget. Given the increased revenues in the General Fund, staff recommends that the transfer of $100,000 from the private Capital Projects fund be eliminated from the 2000 revised budget and those monies retained in the private Capital Projects fund for future expenditures on the Public Facilities Council Minutes (Regular) November 20, 2000 Page 5 Project. This would still designate approximately $96,464 for the fund balance. MOTION by Soderberg, second by Strachan adopting RESOLUTION R95-00, amending the budget for fiscal year 2000. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Sales Tax Exemption Legislation (verbal) City Administrator Erar updated Council on efforts the City is making relative to the upcoming legislative session to exempt construction materials anticipated to be used in next year's public facilities projects from state sales tax. If the sales tax exemption is approved, the City could see $200,000 - $250,000 in reduced costs associated with the state sales tax. Consensus was obtained from Council to move forward with the process to obtain special legislation. Council member Soderberg: He received a complaint regarding the parking ordinance from someone who was visiting a resident and who was ticketed and towed during the first snowfall. This was referred to the Police Department. The numerous ways residents are notified of the parking ordinance were discussed. City Administrator Erar stated the efforts of the ordinance are not to generate additional fines or inconveniences to the citizens, but to provide more cost-effective snow plowing. Police Chief Siebenaler: In response to the parking advisories, the Police Department has created posters and they are placed at 25 high traffic locations and businesses throughout Farmington, including apartment buildings. 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 8:12 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~7Y?~ Cynthia Muller Executive Assistant