Loading...
HomeMy WebLinkAbout04.02.01 Council Minutes COUNCIL MINUTES REGULAR April 2, 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 City Attorney Jamnik, Interim City Administrator Roland, City Management Team 4. APPROv.EA GENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Arbor Day - Parks and Recreation MOTION by Cordes, second by Strachan proclaiming April 27, 2001 as Arbor Day and Mayas Arbor Month in the City of Farmington. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS a) Ms. JoAnne Payne - Public Safety Staff sent a response to the resident regarding safety issues on Akin Road. b) Akin Road Project Concerns Staff sent a response to residents' requests. Mr. Craig Stibbe, 20060 Akin Road, commented that there was a statement made at the last Council Meeting that the County did not make Pilot Knob a 4-1ane road because there was not enough traffic. Mr. Stibbe was at the Pilot Knob meetings and he stated that Pilot Knob was intended to be 4 lanes. Another survey was done, and he understood there was a problem with the right of way being too close to some homes so it became 2 lanes. Also, the north end of Akin Road was built differently than planned. Mr. Stibbe also stated staff was going to contact him regarding a retaining wall in front of his house along the bike trail. It has been a month and no one has contacted him. Mr. Dave Prtizlaff, 20255 Akin Road, stated he put a letter in the Farmington Independent regarding Akin Road. The newspaper switched the heading from "Opinions on Akin Road/Freeway" to "City Should Consider Different Solutions". He felt this Council Minutes (Regular) April 2, 2001 Page 2 might have taken away the number of people who would have read the article. The newspaper also left out several words and statements. Mr. Pritzlaff wanted to correct those statements. Statements were regarding the culverts not having grates, reducing the amount of traffic on Akin Road by residents driving 40 mph, thereby forcing other traffic to use Pilot Knob. When he purchased his home he was told Pilot Knob would be 4 lanes. He feels improvements to Akin Road should not offset mistakes made on Pilot Knob. He would like signs placed on Pilot Knob directing traffic to Hwy 50 and then to Farmington. He asked Council to put this on the Council agenda, or schedule a neighborhood meeting. Mayor Ristow asked ifhe received a letter from City Engineer Mann addressing these issues. Mr. Pritzlaff stated he did not. Mr. Pritzlaff stated he talked to residents regarding the 195th Street project. According to Mr. Pritzlaff, residents were told two years ago this project would happen in 10-15 years, and are shocked it will happen this year. He stated there are other City streets in poor shape and feel the City should fix what they already have. He asked what the load limit is on Akin Road. There are dump trucks going by at 8 p.m. The residents pay for improvements, and should have a say in who uses the road. Mayor Ristow stated the response to this question is in the letter from staff. Mr. Pritzlaff stated developers and builders should put money into an account with the City for road repair. Cost of road repairs should be taken out of taxes instead of assessing residents. Mr. Pritzlaff then gave an example of stop sign warrants. He stated in Park Rapids, the Main Street is six blocks long and wanted to stop the high school students from cruising up and down Main Street. Without any warrants, the Council put up stop signs on every comer and the cruising stopped. Businesses went to the Council stating they were losing money and the stop signs were removed without warrants. He then requested any City employees, fire, police, public works, etc. should use Pilot Knob if there is not an emergency. Mayor Ristow stated there is documentation from the public meetings regarding Pilot Knob. Staff will provide these documents to Mr. Stibbe and Mr. Pritzlaff. Councilmember Strachan stated we have many of the same goals. Council does not disagree with Mr. Pritzlaff on placing signs on Pilot Knob, but it is up to the County. A stop sign will be placed on 19Sth Street when done, which will slow traffic on Akin and hopefully direct traffic to Pilot Knob. Regarding Park Rapids, it does show Council has the authority to put up stop signs without warrants, but it also shows it is a good reason not to do it that way. Because you are putting up stop signs and taking them down again for reasons other than traffic. As far as the police and fire using Akin Road, building the new public works and police station on Pilot Knob should alleviate that. Mayor Ristow stated the police also have to patrol the road and public works has to maintain the road, checking signs, etc. Council Minutes (Regular) April 2, 2001 Page 3 Mr. Pritzlaff stated the purpose of the example in Park Rapids was to show the Council stop signs do not have to meet warrants. Residents want stop signs in critical places along Akin Road, such as crossing to the bike path. Regarding the new public works building, that is fine when it is built, but a change is needed now. Mr. Craig Stibbe, noticed there have been survey crews out and assumed there were doing studies for stop signs at 190th and 193rd. He wanted to know when any action would be taken. Staff replied the survey was to gather information for the final design of the plans. The updated traffic analysis will be brought to Council with the final plans, possibly the first meeting in May. Mr. Stibbe stated if stop signs are put in at appropriate intersections, there will not be a need for bypass lanes. Ms. JoAnne Payne, 20192 Akin Road, indicated that she received a letter from Police Chief Siebenaler and has an issue with some statements in the letter. The letter stated staff discussions, research and preparation for the meetings take place in advance with recommendations forwarded in writing for Council considerations. She wanted to know what the Police Chiefs recommendations were for Akin Road. The letter also stated unless the Council or member of the public has a question regarding an issue, no further staff input should be necessary. She stated questions were raised. The letter stated if questions do arise, staff may be able to address them at the time, but it may be necessary to conduct additional research. She wanted to know if additional research was done by the Police Department regarding safety issues on Akin Road. She contacted MnDOT and they stated they have not received a request for a speed survey on Akin Road. This was discussed at the March 5, 2001 Council Meeting and she wanted to know when that would be requested. With the latest request to amend the 2020 Comprehensive Plan to add more development, she is very concerned. The school district is already experiencing a lot of growing pains. If the current growth continues, there will be referendums which means higher taxes. She asked Council to look at neighboring communities and the problems they are experiencing with failing referendums. She wants council to take control of Farmington's growth. She also noticed that concrete curb and gutter is to be installed on 19Sth Street and wanted to know when the County will take it over and turn it into a 4-1ane road. She asked why curb and gutter is going to be installed if it is just going to be taken up when the 4-1ane road is built. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (3/10/01) (Regular), (3/21/01) (Special), and (3/28/01) (Special) b) Approved Temporary 3.2 Beer License - Administration c) Approved Appointment Recommendation - Parks and Recreation d) Received Information Capital Outlay - Fire Department e) Received Information Capital Outlay - Parks and Recreation f) Approved Reassignment of Contract - Water Tower Project - Engineering g) Received Information School and Conference - Fire Department h) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) April 2, 2001 Page 4 8. PUBLIC HEARINGS a) Consider Ordinance - Lawrence Rother Annexation Petition - Community Development The City has received a petition to annex 60 acres of property owned by Lawrence Rother located east of the Prairie Waterway and south of what would be the extension of213th Street. The property owner has received numerous inquiries from developers interested in the property. Proposals have ranged from multi-family townhomes to smaller single family lot development to more typical single family development. If the property is annexed, the property owner or a developer would need to seek a Comprehensive Plan and Zone change since all property annexed to the City of Farmington is assigned to the A-I zoning district. On the west half of the property can currently be served with gravity flow sewer service. A possibility to serve the east half of the property would involve extending anew trunk line south from the existing interceptor approximately 3/4 mil to the north or installing a lift station. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes generated over a five year period. Staff stated annexation does not guarantee MUSA and the property owners are aware of this. Growth is controlled more through MUSA than annexation. It could take several years before the property is developed. There is certain criteria the Planning Commission and staff review as to what property is developed. Annexation does increase competition as more land is available for MUSA designation. The property comes into the City as Ag-I and the Planning Commission and Council change the zoning to residential. In Ag-I zoning the property is in a holding pattern. The property would not be developed in the township. When the annexation is approved, the owner can apply for a Comprehensive Plan zone change at any time. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. b) Consider Ordinance - Michael and Eileen Devney Annexation Petition - Community Development The City has received a petition to annex 60 acres of property owned by Michael and Eileen Devney located east of the Prairie Waterway and north of what would be the extension of213th Street. The property owner has received numerous inquiries from developers interested in developing the property for residential development. No specific development proposals have been presented to the City. The property would come into the City as Ag-I. Only the west half of the property can be served with gravity flow sewer service. Other possibilities to serve the east half of the property would involve extending a new trunk line south from the existing interceptor approximately 3/4 mile to the north or installing a lift station. Minnesota Statutes require the Township to receive a declining Council Minutes (Regular) April 2, 2001 Page 5 portion of the Township's portion of the property taxes generated over a five year period. Mr. Michael Devney, 5810 212th Street, stated developers who have looked at their property have said all of the property could be serviced by gravity flow service except for the northeast corner. They want to annex their property because taxes are getting high in Empire Township. Mayor Ristow stated the City welcomes them, but wanted to make sure Mr. Devney understood there is no guarantee as to when the property could be developed. Mr. Rick Sayers, 21020 Cambodia Avenue, stated his property is next to the Devney property. He wanted to make sure condemnation or forced annexation laws will not affect him. Staff stated the City can only do forced annexation if the property is 100% surrounded, which Mr. Sayers property is not. City Attorney Jamnik stated there is never a requirement for the City to process an annexation ordinance. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. c) Consider Ordinance - Bernard Murphy Annexation Petition - Community Development The City has received a petition to annex 60 acres of property owned by Bernard Murphy located east of the Dave Finnegan property, south of the Seed/Genstar Orderly Annexation area and south of what would be the extension of I 95th Street. The property owner has received numerous inquiries from developers interested in developing the property for residential development. No specific development proposals have been presented to the City, however, the adjacent properties are currently guided for Low Density Residential or have petitioned for a Comprehensive Plan Amendment to Low Density Residential. The property owner or developer would need to seek a Comprehensive Plan Amendment and Zone Change since all property annexed to the City is assigned to the A-I zoning district. The Murphy property is adjacent to the property to the east that contains a 48" Metropolitan Council Interceptor Sewer. It is anticipated that a trunk sewer line would be extended along the I 95th Street corridor to serve other properties along this corridor including the Seed/Genstar Orderly Annexation area. Minnesota Statutes require the Township to receive a declining portion of the Township's portion of the property taxes. Mr. Jim Payne, 20192 Akin Road, asked what the difference is between R-l and R-2. Staff replied R-I, or low density, allows for 2-3 1/2 units per acre. Low- medium is 3-6 units per acre. R-3 is townhouse developments with 8-9 units per acre. Mrs. JoAnne Payne, 20192 Akin Road, stated she assumes sewer and water is going through on 19Sth Street? Where would water and sewer enter the property? Council Minutes (Regular) April 2, 2001 Page 6 Staff replied the Met Council has a sewer interceptor that runs along the railroad track. The property is not developable until the next phase of 19Sth Street is developed. Mr. Ed Gerten, resident of Empire Township, read a statement from the Empire Town Board regarding the annexations. The Township and City previously approved an orderly annexation agreement for approximately 1000 acres of land in sections 17, 18, and 19 of Empire Township. None of the land has been developed. There are over 2000 acres shown in the City's Comprehensive Plan as urban reserve. Farmington's future urban areas should be developed before additional land is annexed from Empire Township. The town board opposes the annexations. There is no need for additional land for future development in Farmington and there are no plans for the use of this land. One of the annexations will result in the annexation of portions of 21 oth Street which are not contiguous to the City. There have been no discussions between the City and Township regarding the jurisdictional status or joint maintenance of the road. In absence of any prior discussions about the annexations and in the absence of the land use planning it appears the City is considering the annexations because current State law allows it. The properties are larger than 60 acres, which if annexed will create property remnants and will result in additional annexations for the balance of the properties. The Town Board believes action to annex the properties is premature and inappropriate. The Town Board requests the City deny the annexations until the above issues are resolved. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. Councilmember Cordes wanted to make it clear the City of Farmington did not actively seek the annexation of these properties. The City was approached by the property owners. Councilmember Strachan stated one of his questions was where does Empire Township enter into this process? Mr. Gerten does make a good point. The City does not do unfriendly annexations. Council does not initiate annexations that are not jointly planned. There is some benefit to the City in terms of increasing the pool of competition for MUSA, but that is not more important than the opinion of Empire Township. If Empire Township does not want to do this now, Councilmember Strachan could not support the annexations. If Empire, the property owners, and the City can reach an agreement then that is fine. The issue of taxes was raised and the property owners need to take that up with Empire Township. Mr. Gerten stated they have not opposed annexation for residents adjacent to the City who need to annex for sewer or water. This is like land grabbing. A farmer is seeing an opportunity to develop their land. It mayor may not be good for the City. The City has in excess of 2000 acres without counting the Seed property. Mayor Ristow stated these properties are bordering the City which is in the agreement. Council Minutes (Regular) April 2, 2001 Page 7 Councilmember Soderberg was concerned with the Devney property regarding 210th Street. The street is in the process to be turned back to the township in a year. What kind of problems does that create for Cambodia1210th Street? Staff replied in situations with township property across the street from City property, if the area were to be developed the City would have to have some type of joint powers agreement. MOTION by Cordes, second by Soderberg to approve all or a portion of the Rother annexation petition, and instructing staff to prepare an ordinance to be considered for adoption at the next meeting. Councilmember Strachan stated in the future he would like to meet with Empire Township and work out issues so it does not appear the City is trying to get the land. Councilmember Soderberg stated it is a land rights issue. The property owner has come to the City, not the other way. It has been made clear to all land owners that development would not occur in the near future. Mayor Ristow stated he agreed. It was discussed in meetings with Empire Township that any area south of CR66, as long as it abuts the City, and they are not solicited, there would be no opposition to annexation. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan. MOTION CARRIED. MOTION by Cordes, second by Ristow to approve all or a portion of the Devney annexation petition, and instructing staff to prepare an ordinance to be considered for adoption at the next meeting. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan. MOTION CARRIED. MOTION by Cordes, second by Soderberg to approval all or a portion of the Murphy annexation petition, and instructing staff to prepare an ordinance to be considered for adoption at the next meeting. Voting for: Ristow, Cordes, Soderberg. Voting against: Strachan. MOTION CARRIED. 9. AWARD OF CONTRACT a) 2001 Sealcoat Project - Engineering Five bids were received for the 2001 Sealcoat Project. Pearson Brothers, Inc. submitted the low bid in the amount of $46,418.20. The total estimated project cost is $64,846. Seal coating will start after June 22-24 and be completed before August 6-12. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs. The remainder of the costs would be funded through the Road and Bridge Fund. MOTION by Soderberg, second by Strachan adopting RESOLUTION R35-01 accepting the base bid of Pearson Brothers, Inc. in the amount of $46,418.20 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. Council Minutes (Regular) April 2, 2001 Page 8 b) Curbside Clean-up for Residential Customers - Parks and Recreation In January, Council authorized advertising for Requests for Proposals for a Citywide Curbside Clean Up Day. Two RFP's were received. Dick's Sanitation is proposing providing the curbside cleanup, not alleys, over a period of several Saturdays beginning May 5,2001 and ending June 2,2001. A customer's normal solid waste/recycling collection day will determine their curbside Clean Up Day. Councilmember Strachan suggested the Community Service Officer could patrol the City and encourage residents violating the ordinance to utilize clean-up day. Staff and Council have received numerous favorable comments on this program. MOTION by Soderberg, second by Cordes awarding the 2001 Citywide Curbside Clean Up Day contract to Dick's Sanitation. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Flagstaff Avenue Study Options - Engineering At the March 19,2001 Council Meeting, Council requested that staff bring back options for reviewing the issues along Flagstaff Avenue. Two options were presented to Council. Option 1 includes staff preparing an estimate for Council identifying the approximate costs to add material to the roadway and accomplish some ditch work. This would be similar to CR 64 where the County added 6-8 inches of crushed limestone, watered and rolled it. Staff cost to prepare this estimate would be approximately $1000 and could be forwarded to Council in May. Option 2 would identify costs associated with mitigation of the existing soils in a feasibility report. This would identify the costs for the removal of poor soils and the construction of the roadway to the grade necessary for future paving. The cost to prepare a feasibility report is estimated to be $45,000, with an additional $15,000 needed for soil borings. This report could be brought back to Council in the fall. A decision could be made to correct soils in some areas and not others, but that would include the possibility of future redoing of areas to bring the road to final design grade. Mayor Ristow stated the cost for any changes for future paving could be enormous. Rather than do nothing, option I would be the most reasonable. Council approved option 1 and directed staff to report back to Council in May. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Soderberg: On Saturday, the Parent Advisory Council sponsored a garage sale to raise funds for scholarships for seniors. The Jaycees will match funds Council Minutes (Regular) April 2, 2001 Page 9 raised. The sale generated $4,378.52. The event was well attended and the entire community participated. Mayor Ristow: Received a request from Eureka Township to set a Workshop to communicate on where they are and where the City is going and to meet new members. Staff will contact Council and Eureka to set a date. There will be a hearing Tuesday night at Castle Rock for an industrial park to be located 4 miles south of Farmington. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:00 p.m. APIF,MOTION CARRIED. Respectfully submitted, a ~??7~ 7 Cynthia Muller Executive Assistant