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HomeMy WebLinkAbout02.05.01 Council Minutes COUNCIL MINUTES REGULAR February 5, 2001 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, Cordes, Soderberg, Strachan, Verch None City Attorney Jamnik, City Administrator Erar, City Management Team 4. APPROVE AGENDA MOTION by Verch, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Mr. Dave Grundstrom, CEO - Trinity Hospital Dr. Thomas Jones - Trinity Hospital Mr. Dave Grundstrom, CEO of Trinity Hospital stated the hospital board has made the difficult decision to cease operations of the hospital portion of the Trinity campus. The last day of operation will be February 9, 2001. The contract with Health Partners for the Farmington Family Clinic will continue through March 31, 2001. The remaining campus will focus on services for aging adults and access to primary care physicians. To facilitate this, they are trying to restructure the bond debt on the campus. Health Partners has the ability to make the decision as to whether they stay in the community and grow the presence they currently have. Councilmember Strachan asked what will be there a year from now. Mr. Grundstrom stated they hoped the campus will stay as it is. They will redo the hospital space to provide services for aging adults with more of a private room option. They are also looking at an assisted living environment. Mayor Ristow asked if Health Partners decided not to stay, would the board be looking for another clinic? Mr. Grundstrom replied the building is built for a clinic, so they are looking for other health systems, but are trying to keep Health Partners. A new clinic would take about four years to establish a solid financial base. The clinic opened 106 new patient charts last year. It was heading in the right direction, just not fast enough. Ms. Cindy Godfrey, 19446 Ellington Trail, asked if the clinic is receiving more patients, how can it close? She does not see any marketing, or new equipment for doctors. The doctors are taking patients elsewhere for better equipment. Mr. Council Minutes (Regular) February 5, 2001 Page 2 Grundstrom replied the board is trying to get a partner clinic to shore up the base, but so far has been unsuccessful. Mr. Joe Petrofeta, 5571 Bristol Lane, Minnetonka, stated the ambulance and urgent care makes sense. Why sell equipment, etc. and start over? Focus should be on areas making money and build that base. Mr. Grundstrom replied they are searching for areas making money, such as services for aging adults. Trinity would be a landlord with, for example, Health Partners. Dr. Thomas Jones, 18835 Embers Road, asked what percent of the Farmington population is using Trinity Hospital? Mr. Grundstrom replied there is a 5% inpatient admission. Approximately 92% are admitted to Fairview Ridges. A solid base of physicians is needed to be successful, and this community has had a long history of changes. The last couple years this has stabilized. Dr. Jones stated if such a small portion of the population has been using Trinity, has everything been explored as far as advertising. Mr. Grundstrom replied advertising in a newspaper does not bring patients to the hospital. Physicians bring patients. Dr. Jones stated he has heard a lot of the people do not know where Trinity Hospital or Farmington Family Clinic is. Mr. Grundstrom replied you can always do more advertising, but when you are in the hole it becomes an issue of how many dollars do you spend doing that. The board has been interviewing physicians and promoting the community and have come in second. They recruited three new physicians from Health Partners that would be interested in coming to the clinic, but with Health Partners trying to decide whether to stay with the campus, their moving here is on hold. Dr. Dave Chisek, 201 West Burnsville Parkway, stated he has been operating from Trinity Hospital for six years and has performed 325-450 operations a year. The staff is truly wonderful, and the patients receive excellent care. He asked if there were any ideas on an ambulatory surgical center and if the surgical aspect generated any revenue. Mr. Grundstrom replied it generated revenue, but not to the degree needed. An ambulatory surgery center has great potential. Dr. Thomas Jones stated every physician admitting patients to Trinity Hospital also has privileges at Fairview Ridges Hospital. Hospitalized patients will have to go to Fairview Ridges. This could change ifNorthfield builds a new hospital. It should not impact the community, but will be an inconvenience. A large part of the community realizes how efficient it is to have local care. It is a terrible shame what is happening with Trinity, but the numbers cannot be ignored. The board has done everything possible. Councilmember Strachan stated two things are happening. Part of Trinity is closing, but at the same time, we are adding a full-time ambulance to Farmington. Mayor Ristow stated we have a strong community that will be able to overcome this. Council Minutes (Regular) February 5,2001 Page 3 6. CITIZEN COMMENTS 7. CONSENT AGENDA Item 7a) Approve Minutes (1/16/01) (Regular) was pulled so Councilmember Cordes could abstain from voting as she was absent from that meeting. MOTION by Soderberg, second by Verch approving Council Minutes (1/16/01) (Regular). Voting for: Ristow, Soderberg, Strachan, Verch. Abstain: Cordes. MOTION CARRIED. MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: b) Approved Changeorder Downtown Streetscape Project - Engineering c) Approved Appointment Recommendation - Fire Department d) Authorized Advertisement for Bids - Fire Department e) Received Information Capital Outlay - Parks and Recreation t) Received Information Capital Outlay - Public Works g) Approved Safety Training Agreement - Administration h) Approved CEEF Funding Request - Administration i) Adopted RESOLUTION RI0-0l - Capital Outlay - Parks and Recreation j) Adopted RESOLUTION Rll-Ol- Amend Fees - Parks and Recreation k) Received Information 2000 Liquor Operation Sales Report - Finance 1) Received Information School and Conference - Fire Department m) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Ordinance - Riverbend Schematic PUD - Community Development Astra Genstar Partnership proposes to develop approximately 126.2 acres of land in the northeast comer of the City directly east of Dakota County Estates. The developer proposes to rezone the property from R-l (Single-Family Residential) and F-3 (General Flood Plain) to R-2 PUD (Medium Density Residential Planned Unit Development) within the 67 acres of developable land. Because of strong opposition from the neighbors within Dakota County Estates, the Riverbend Schematic PUD has been revised eliminating the multi-family land use. The revised concept shows 272 single-family lots on 67.1 acres of upland area resulting in a 4.01 unit/acre density. Four accesses are proposed, two to the west through Dakota County Estates at Upper 182nd Street and Upper 183rd Street, and two accesses proposed to the south through the proposed Prairie Creek East subdivision. Lot sizes range from 6,000 square feet to 15,000 square feet. In the first phase, the Developer proposes 60 to 70-foot wide lots in the southwest corner of the property marketed in the $120,000 to $180,000 price range. Water access is available through Dakota County Estates and sewer will be available through the Prairie Creek East development. Council Minutes (Regular) February 5, 2001 Page 4 Mr. Patrick Hanson, 5037 Upper 1820d Street, is concerned with traffic and the width of the streets. Upper 183rd Street will be an exit, but you cannot turn left off of Pilot Knob so that leaves two accesses. The streets are not wide enough. These are starter homes and there are a lot of kids on the streets. In the summer there are cars parked on both sides of the street. If there is oncoming traffic or a child runs out from between cars, there could be an accident. Why does it have to be rezoned? Mayor Ristow stated it is a request by the developer and the request meets all the requirements. In the 2020 Comprehensive Plan this area has been designated as an R-2 area. Mr. Hanson stated the majority of the bigger lots are to the south rather than to the north. It would be nice to spread them out more. He is very concerned about the traffic situation. Councilmember Soderberg stated an EA W will be done which will include a traffic analysis, but that cannot be done until it is rezoned. MOTION by Cordes, second by Strachan adopting ORDINANCE 001-459 approving the Riverbend Schematic PUD rezoning the 67 acres of developable land from R-l and F-3 to R-2 PUD. APIF, MOTION CARRIED. b) Consider Resolution - Charleswood 4th Addition Final Plat - Community Development Newland Communities is seeking Final Plat approval of98 single-family lots within the Charleswood 4th Addition; this is the final plat involving the single- family portion of the Charleswood Planned Unit Development. The Charleswood development will have a total of300 single-family platted lots. Because of the alignment of 200th Street at Pilot Knob Road, to the west will be 200th Street and east of Pilot Knob Road will be 203rd Street. There will be a trail on the north side of 200th Street leading eastward toward Pilot Knob Road and the future construction of a trail along Pilot Knob Road leading to the trail system throughout the remainder of the development. A park is planned on the east side of the development, and wetlands are planned to the south and the east. The Planning Commission recommended approval contingent upon the following: 1. The developer submit an easement agreement acceptable to the City to provide street and utility access to the Nordseth property across Lot 14, Block 1; 2. Amend the Landscape plan substituting the sugar maples with another tree species accepted in Title 10-6-14(0); 3. Correct the street name from 203rd street W to 200th Street W; 4. Engineering review and approval of final construction plans; 5. Execution of the Development Contract MOTION by Verch, second by Strachan adopting RESOLUTION R12-01 approving the Charleswood 4th Addition Final Plat contingent on the above conditions. APIF, MOTION CARRIED. Council Minutes (Regular) February 5, 2001 Page 5 c) Consider Resolution - Middle Creek Final Plat - Community Development DR Horton and Arcon Development jointly propose to plat 87 single-family lots and 11 outlots in the first phase of Middle Creek. The 87 lots are located east of Pilot Knob Road and west of the Northern Natural Gas easement and are part of the 143 single-family lots proposed for the entire development. The final plat shows two accesses from the property. The first access is 203rd Street to the west that intersects with Pilot Knob Road. The second access connects to the north through the proposed Vermillion Grove development. The City's Traffic Engineer states that the proposed 87 single-family lots in the first phase can operate with access to CSAH 31 and does not require other access. MOTION by Soderberg, second by Verch adopting RESOLUTION R13-01 approving the Middle Creek Final Plat contingent on Engineering comments and the execution of a Development Contract. APIF, MOTION CARRIED. d) Consider Resolution - Middle Creek 2nd Addition Final Plat - Community Development D R Horton and Arcon Development jointly propose to plat 66 townhome units on one block and plat one outlot within the Middle Creek 2nd Addition. The 66 townhome lots are located directly east of Pilot Knob Road and west of the 87 single-family lots proposed to be platted in the first phase of Middle Creek. The final plat shows one access. The access is 206th Street that intersects with Pilot Knob Road to the west and is proposed with a 60-foot right-of-way and 34-foot roadway measured from the back of curb to the back of curb. This roadway is shown as a future east/west minor collector on the 2020 Thoroughfare Plan. The roadway will be constructed to the plat's easterly line to allow access to Pilot Knob Road from the private drives to the north. The 500-foot long cul-de-sac measured at 30 feet from back of curb to back of curb is a private drive and will be maintained by the homeowners association. Councilmember Soderberg questioned 206th Street being a minor collector measuring 34 feet curb to curb and in the other development 203rd Street, the minor collector, measured 40 feet curb to curb. What is the difference? Planning Coordinator Smick replied because of the amount of traffic being generated on 203rd Street versus 206th Street. Councilmember Soderberg asked if it is typical to have driveways on minor collectors? Staff replied yes there are many. MOTION by Cordes, second by Verch adopting RESOLUTION R14-01 approving the Middle Creek 2nd Addition Final Plat contingent on landscape and Engineering comments and the execution of a Development Contract. Voting for: Ristow, Cordes, Strachan, Verch. Voting against: Soderberg. MOTION CARRIED. e) Consider Resolution - Tamarack Ridge 3rd Addition Final Plat - Community Development James Development Company is seeking Final Plat approval for Tamarack Ridge 3rd Addition, which consists of710ts on approximately 6.8 acres located east of Council Minutes (Regular) February 5, 2001 Page 6 Trunk Highway 3 and south of County Road 66. The plat will contain 64 multi- family townhome units. This development is part of a homeowner's association and all roadways proposed are private. The construction of 208th and 209th Streets will begin sometime this spring and be completed by mid-summer. A neighborhood meeting concerning the future assessment for the roadway will need to be rescheduled due to the canceled meeting on January 29, 2001. The issue of traffic control was raised due to the streets being private. Traffic control would be up to the homeowner's association. MOTION by Soderberg, second by Strachan adopting RESOLUTION R15-01 approving the Tamarack Ridge 3rd Addition Final Plat contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division. APIF, MOTION CARRIED. f) Consider Resolution - Vermillion Grove Final Plat - Community Development Rottlund Homes has submitted the Final Plat for the first phase of Vermillion Grove. The final plat consists of 49 single-family lots platted on 27.4 acres, 60 villa townhome units platted on 8.1 acres, 16 gardens on 2.1 acres and 41 garden townhomes on 11.1 acres. Rottlund Homes proposes to develop approximately 122.5 acres of land in the southeast quadrant of the intersection ofCSAH 31 and CR 64 as a single and multi-family development. The development in its final build-out phase will consist of 94 detached residential units and 283 attached residential units. The developer proposes two accesses. One access will be available to Pilot Knob Road on the west and a second access to 195th Street on the north. A third access to the south will be available when roadway construction is completed in Middle Creek. A fourth access will eventually be available to the east connecting with Akin Road in a future plat. For the easterly access, the road connection to Akin Road is imperative to the subdivision's circulation patterns by maximizing ingress/egress options for emergency vehicles and reduces the overload of anyone connection thus causing traffic-related concerns on that one connection. Water service will be provided to the site by the trunk water main that was installed along CSAH 31 during the 2000 construction season. The Planning Commission recommended that a lift station is the preferred alternative to providing sanitary sewer service to the Vermillion Grove Development. The three options to route the sewer system through the Vermillion Grove Development were reviewed by the Commission. The first option routed a gravity sewer line through the streets of the subdivision. The second option routed a gravity sewer line behind the homes in the wetland buffer along the DNR protected wetland. This option would necessitate the removal of a significant corridor of trees along the DNR wetland and would require extensive retaining walls to be installed to allow for maintenance access to the sewer line. The third option would involve installing a permanent lift station that would be located at the northwest corner of the DNR wetland. The lift station would be equipped with back-up power in case of power outages. This option would eliminate the need to remove the corridor of trees and install extensive retaining Council Minutes (Regular) February 5,2001 Page 7 walls along the DNR protected wetland. The Planning Commission recommended that the permanent lift station be approved by the City Council, based on review and consideration of all the issues, environmental and operational. Councilmember Verch asked how many years the gravity sewer line would work versus the lift station. Staff replied there is a time frame that the mechanical parts of the lift station would need to be replaced. Councilmember Verch asked regarding the private villas would the developer be responsible for the sewer? Staff replied it is a public City sewer system, so the City would maintain it. Councilmember Soderberg inquired about the lift station on the corner of the DNR wetland. Staff replied the route of the gravity sewer line along the DNR wetland would run 150 feet to the south, thus removing a corridor of trees. With the lift station there is no piping going along the wetland. Councilmember Soderberg asked what the lift station would service. Staff replied everything including the City facilities. There will be approximately 400 homes using the lift station. Mayor Ristow asked what is the typical number of homes using a lift station. Staff replied the lift station is designed according to the number of homes using it. Councilmember Cordes asked if the homes to the south sit lower than the proposed lift station. Staff replied the lift station is lower. Councilmember Cordes stated so if there is a breakdown, the flow would have to go uphill before it would back up into basements. Staff replied that is correct. Mayor Ristow asked if when the preliminary plat was reviewed did we know about this situation? Staff replied at that time we were looking at all options. The lift station will be placed so the lowest portion of the homes, is above the top of the lift station. City Administrator Erar stated check valves were reviewed and it was recommended not to install check valves in the homes, because the lift station is at the lowest point, and other technical reasons. The lift station will have a permanent back up generator, it has a submersible pump, dual pumps, a brand new SCADA system, and staff is on call 24-7 in case of a problem. Mayor Ristow stated he has seen more problems with lift stations than pluses, we have tried to eliminate lift stations, and here we go back to it. If the public works facility is based on this lift station, then the public works facility should not go forward. There are a lot of complications in the future that could arise. If it fails, it has to seep out onto the land or go somewhere, then we will have the DNR and MPCA to deal with. He would like to see more studies. He knows the people to the east are interested in a sewer system, but he feels there is still time to resolve the situation without a lift station. City Administrator Erar stated installing a lift station is common, and a substantial amount of time has been spent studying other options. Council Minutes (Regular) February 5,2001 Page 8 Councilmember Cordes stated she feels staffhas explored all options and is recommending the best option. Council needs to decide if we want to approve it with a lift station or not approve it at all. Councilmember Strachan stated it is a Council goal to eliminate or reduce the use of lift stations. In this instance, there is a tremendous impact on topography, wetlands, and natural features. We have commented on the reliability of the lift station and how it would be maintained. It does not change the fact that we prefer not to use lift stations. He does not think it is inappropriate to approve a lift station when there is an extraordinary circumstance. Mayor Ristow stated his concern over lift stations in the past. Staff stated the new lift stations have different technology which deals with the previous problems. Councilmember Cordes stated with this project there is no other option. Mayor Ristow stated there are three options. Councilmember Cordes stated but at what cost to the surrounding City, wetland, and trees. Mayor Ristow stated it is not our job to worry about cost to the developer. City Administrator Erar stated this has nothing to do with developer cost. If there were any other way, it would have been provided and recommended. A lift station is the best solution to the situation. The developer is paying for the lift station and the backup generator. Councilmember Soderberg stated it is a certainty that the wetlands will be damaged running a sewer line through it. It is a possibility there will be damage if the lift station should fail. It is a difficult choice to make. Mayor Ristow stated he cannot support this recommendation. There have been problems with lift stations in the past. The Planning Commission also had a lot of questions and concerns with the lift station. He feels the City will have long term problems. There were no problems with infrastructure when the preliminary plat was brought to Council. MOTION by Strachan, second by Cordes adopting RESOLUTION R16-01 approving the Vermillion Grove Final Plat contingent upon Engineering comments and the execution of a Development Contract and final settlement of the pending assessment appeal for CSAH 31 improvements serving the property. Voting for Cordes, Soderberg, Strachan. Voting against: Ristow, Verch. MOTION CARRIED. g) Consider Annexation Petitions - Community Development The City has received annexation petitions for three properties in Empire Township and one property located in Eureka Township. These properties are owned by Mike and Eileen Devney and Lawrence Rother and are each seeking to annex 60 acres. The third property in Empire Township is owned by Bernard Murphy and is located east of the Finnegan property and immediately south of the Seed-Genstar orderly annexation area. The fourth property, owned by William and Audrey Adelmann, contains 150.96 acres located in Eureka Township at the southwest comer of Denmark Avenue and Ash Street. MOTION by Soderberg, second by Verch authorizing the scheduling of a public hearing and the 30 day notification to Empire Township and abutting property owners for the three 60 acre properties in Empire Township, and authorizing the 90 day notification Council Minutes (Regular) February 5, 2001 Page 9 process for the 150.96 acre parcel in Eureka Township. APIF, MOTION CARRIED. h) Cable TV Rate Adjustment - Administration A letter has been received from Charter Communications indicating an adjustment to the Cable TV rates effective March 1, 2001. i) Consider ISD 192 Request - 190th Street Improvements - Engineering The school district has asked for a feasibility report for the extension of 190th Street to serve the proposed new elementary school. MOTION by Cordes, second by Verch adopting RESOLUTION R17-01 authorizing the preparation of a feasibility report for the 190th street extension. APIF, MOTION CARRIED. j) Schedule Council Workshop - Traffic Safety Committee - Administration Council authorized the creation of a Traffic Safety Committee to review and respond to public requests for additional traffic safety control devices. A Council Workshop was scheduled for March 21, 2001 to discuss Council comments on the proposed structure and draft guidelines for the committee. 11. UNFINISHED BUSINESS a) Progress Land Company Settlement Presentation - Administration Mr. James Golembeck, representing the law firm of Jardine, Logan and O'Brien, defended the City against claims made by Progress Land Company. Mr. Golembeck stated in December 1998 the City was sued by Progress Land. Progress Land alleged the City had breached Development Agreements, and there was a conversion of a Letter of Credit in the amount of $148,000 due to the delay of Prairie Creek East. They alleged the City interfered with a buyer for the property and that the City violated constitutional rights. All substantial claims and complaints brought against the City were dismissed. The City will pay no legal fees to the plaintiffs attorneys, will be indemnified for any claims, past, present and future, for the retaining walls in question and will receive payment for previously unpaid engineering costs associated with past project development. In the second action, City Attorney Joel Jamnik, representing the law firm of Campbell, Knutson P .A., brought action against Progress Land Company on behalf of the City to recover costs primarily associated with the reconstruction of storm sewer infrastructure in the Prairie Creek subdivision. The developer agreed to reimburse the City for a substantial portion of project costs, with applicable interest. MOTION by Soderberg, second by Cordes approving the settlement terms and conditions as outlined in the agreement stipulations. APIF, MOTION CARRIED. b) Akin Road Turnback Project - Executive Summary - Administration Council was presented with information on the Akin Road Project. Proposed estimated Special Assessments of $332.26 are a one-time charge against developed property. No properties assessed for CSAH 31 will be assessed for Council Minutes (Regular) February 5, 2001 Page 10 Akin Road. A neighborhood meeting will be held on February 22, 2001 to convey the recommended project improvements. A Public Hearing will be held at the March 5, 2001 Council Meeting. MOTION by Verch, second by Soderberg adopting RESOLUTION R18-01 approving the recommended project improvements. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Consider Resolution - 2001 Sealcoat Project - Engineering The Feasibility Report for the 2001 Seal Coat Project consists of seal coating specified residential streets. The streets in Pine Ridge Forest Addition, Nelson Hills Farm 6th Addition, Charleswood 1 st Addition, and Dallas Avenue from 208th Street to its northerly terminus are to be seal coated for the first time this year. The streets of Hilldee Addition, Westview Acres, 208th Street from Akin Road to the east, Spruce Street from 4th Street east to the frontage road ofCSAH 50rrH 3, and 5th, 6t1i, and 7th Streets for 1/2 block north and south of Spruce Street are scheduled to be seal coated this year as part of the 7 year maintenance program. The total estimated project cost for the 2001 Seal Coat project is $85,200. The estimated assessment is $62.28 per residential equivalent unit. MOTION by Cordes, second by Soderberg adopting RESOLUTION R19-01 receiving the feasibility report, authorizing the preparation of plans and specifications and scheduling a public hearing for March 5, 2001. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council member Strachan: There will be an ALF Goals and Objectives meeting on February 22, 2001. Extended congratulations to Jerry Wacker who received a Chamber of Commerce award. City Administrator Erar: The next Council Meeting will be held February 20, 2001 due to President's Day holiday. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 11:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~.;?r?~ Cynthia Muller Executive Assistant