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HomeMy WebLinkAbout04.16.01 Council Minutes COUNCIL MINUTES REGULAR April 16, 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, Interim City Administrator Roland, City Management Team 4. APPROYEA GENDA MOTION by Cordes, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Volunteer Recognition Week - April 22-28, 2001 The Farmington Chamber of Commerce requested support in proclaiming the week of April 22-28, 2001 as Volunteer Recognition Week in Farmington. MOTION by Verch, second by Cordes proclaiming April 22-28, 2001 as Volunteer Recognition Week. APIF, MOTION CARRIED. 6. CITIZEN COMMENTS b) Mr. Dave Pritzlaff - CSAH 31 Signage, Design Mr. Dave Pritzlaff, 20255 Akin Road, thanked staff for forwarding a letter to the County requesting signage along CSAH 31. He stated staff understood he wanted to have the culverts redone on the Akin Road project. He said he did not state this. This was to be done during the sewer project, including flared ends and grates on culverts. His point was that it was not done during the sewer project. He does not want it done now, he wanted it done then. The residents paid for something they did not get. When he bought his house the realtor said Pilot Knob would be realigned and traffic may be reduced on Akin Road. Staff sent Mr. Pritzlaff information which staff received from the County stating Pilot Knob does not have to be 4 lanes. Regarding warrants for stop signs, he wants a stop sign for crossing to the bike trail along the east side of Akin Road. He would like to have developers and builders put money into an account with the City for road improvements. If residents are assessed, they should have a say on improvements. The residents demand safety, less traffic and slower speeds. Without these, residents should not have to pay the assessed amount. Council Minutes (Regular) April 16, 2001 Page 2 Mr. Ryan Bernhagen, a student at Farmington Middle School West, requested a skatepark be added to the City's park system. He stated he has a petition containing 400 signatures. It is time to recognize the need for a growing sport. It is the Council's job to carry out the wishes of the community. This is their request. a) Mr. Craig Stibbe - Akin Road Trail Concern, CSAH 31 Design Mr. Craig Stibbe, 20060 Akin Road, thanked Council and staff for providing him information on Akin Road. During the design stage, he would like to see left turn lanes, rather than bypass lanes. c) Ms. JoAnne Payne - Akin Road Speed Survey, 195th Street Staff sent a response. 7. CONSENT AGENDA Councilmember Verch requested item 7a) Council Minutes (4/2/01) (Regular) be pulled so he could abstain from voting as he was absent from that meeting. MOTION by Strachan, second by Soderberg approving Council Minutes (4/2/01) (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) Approved Settlement Agreement Utili Corp - City Center - Community Development c) Authorized Grant Application - Fire Department d) Received Information 2001 First Quarter Building Permit Report - Community Development e) Received Information Capital Outlay - Police Department t) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Resolution _195th Street Extension - Engineering The 195th Street project would extend 195th Street from Akin Road to a point approximately 2500 feet east. The Autumn Glen development and future development to the south of Autumn Glen will be served by the project. The extension will become County Road 64 in the future when it is extended farther to the east to Trunk Highway 3. The road and storm sewer design allows for the future transition to a County road. There are three benefiting property owners that will be participating in the cost of the improvements, the City, the developer of Autumn Glen and Tax Free Exchanges, Inc. (former Reisinger property). Other properties abutting the proposed roadway have been previously assessed for CSAH 31. The cost to Tax Free Exchanges would be deferred until such time that the property develops. The developer of Autumn Glen has waived their rights to object to assessments through the development contract process. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. Mayor Ristow received a statement from the school district stating they are in support of the project. MOTION by Soderberg, second by Strachan adopting RESOLUTION R36-01 ordering the project, approving the plans and Council Minutes (Regular) April 16, 2001 Page 3 specifications and authorizing the advertisement for bids. APIF, MOTION CARRIED. b) Consider Easement Vacation - Vermillion Grove - Community Development As part of the platting process for the approved Vermillion Grove subdivision, the City needs to vacate an access easement from 195th Street that provides access for the existing driveway to the City's property. The easement in question was acquired as part of the purchase of the City's facilities site to allow access from 195th Street. The easement is no longer needed since Vermillion Grove and the City's property will replat the roadway. MOTION by Verch, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch adopting RESOLUTION 37-01 vacating the described portion of the access easement in the Vermillion Grove development. APIF, MOTION CARRIED. c) Appeal of Home Occupation Permit - Community Development The applicant, Mr. Tim Thirion, 18005 Empire Trail, has filed an appeal of the Planning Commission's decision to deny the application for a Conditional Use/Home Occupation permit involving gunsmithing and sale and distribution of firearms. Public testimony was taken from citizens at the Planning Commission public hearing whose concerns centered around increased traffic into the neighborhood, public safety with the presence of firearms within the neighborhood, and decreased home values from the presence of such a home based business. The Planning Commission voted to deny the Conditional Use/Home Occupation based on the following Findings of Fact: 1. The Planning Commission cited the fact that the proposed home occupation was contrary to what is allowed under Title 10, Chapter 6, Section 11: Home Occupations dealing with the "distribution of goods" and dealing with the "general retail public" involving the sale and distribution of firearms. 2. The use of chemicals in the process of bluing and other gunsmithing techniques could be hazardous to the health, safety and welfare of the public. 3. The concerns voiced by the neighborhood regarding the detriment to the immediate health, safety, and welfare of the surrounding residents would be jeopardized by increased traffic into the neighborhood. On March 27, 2001 the applicant submitted a letter revising his request of the home occupation, limiting the use to only gunsmithing and not involving the sale and distribution of firearms. The operation of gunsmithing will involve scope mounting, bluing, rebarreling, bore sighting, rechambering, fitting guns, attaching swivels and swings and also cleaning of firearms. Most of the work will be completed on a workbench in the basement of the home; some use of chemicals will be involved. Council Minutes (Regular) April 16, 200 I Page 4 Council had the following options: 1. Affirm the decision of the Planning Commission to deny the Conditional UseIHome Occupation Permit and indicate whether it agrees with the findings of the Planning Commission or wishes to modify these findings. 2. Overturn the Planning Commission's decision to deny the Conditional UseIHome Occupation Permit and indicate findings of fact to support this decision. 3. Since the nature of Home Occupation Request is amended, Council could refer the request back to the Planning Commission. Councilmember Strachan stated it is his understanding people who sell firearms must have a Federal Firearms License and there are different levels of these. Does this license impact this situation and does it allow this to happen no matter what the City does? City Attorney Jamnik stated it does not grant the land use authority. A license is not required for repair and gunsmithing activities, only for the sale of firearms. Councilmember Soderberg asked if there was any type of disclosure required for this activity? City Attorney Jamnik stated there is no City mandated disclosure requirements. There has been an evolution of common law for realtors to disclose information to their clients. Councilmember Soderberg asked if this type of activity has any documented decrease in land values. City Attorney Jamnik stated he knows of no study of specific home occupations having a significant impact on property values. Mayor Ristow stated as the applicant has amended the application, he recommended sending it back to the Planning Commission. Councilmember Cordes agreed. Councilmember Strachan thought a statement was made at the Planning Commission by a realtor stating this information has to be disclosed. Residents stated it will lower their property values. Mr. Thirion referenced signs in his new application. Councilmember Strachan stated ifhe were a resident in that neighborhood, he would also have concerns. Mr. Thirion states he does not intend to have signs. It can be stated in the Conditional Use permit that signs not be posted. Councilmember Strachan would like more information on chemicals used and how volatile are they. Councilmember Soderberg stated he is also in favor of sending the request back to the Planning Commission. He then asked if there is an additional fee to send this back to the Planning Commission or a refund? Staff stated the fee paid for the appeal will be credited toward the re- application. Mr. Tim Thirion stated he amended the application to gunsmithing only and omitted the sale of firearms. He agreed with sending the application back to the Planning Commission. Ms. Angela Kline, 18050 Empire Trail, stated if Council is sending it back to the Planning Commission it does not do any good to comment, is that correct? Mayor Ristow stated if it goes back to the Planning Commission, yes. She then stated in the Pledge of Allegiance we stated justice and liberty for all. If that is Council Minutes (Regular) April 16, 2001 Page 5 true, then how can one person in the neighborhood have more weight than the whole neighborhood? Ms. Anita Burress, 18110 Empire Trail, asked why it was not sent to the Planning Commission when amended? The residents wasted their time coming. Councilmember Strachan stated Council wanted to protect the rights of the residents as well as the applicant. Councilmember Soderberg stated if Council was to act on this tonight, he would vote to overturn the Planning Commission. He would like to give the Planning Commission the opportunity to hear the testimony again. He then asked if this process includes inspection of the home by the Police Department. Police Chief Siebenaler replied he was consulted and his concerns dealt with security in the home itself and the storage of weapons. The applicant has a gun vault which exceeds what most homeowners owning weapons have. Staff stated a home security system has been installed. The Police Chief stated there is no restriction as to the number of firearms that can be stored in a home. Councilmember Cordes stated she would like to know the type of chemicals used and the method of disposing of them. Councilmember Soderberg stated he would like to give the Planning Commission the opportunity to review the amended application. He did not want to question the integrity of the Planning Commission. Ms. Cindy Hoyt, 18150 Empire Trail, stated the houses there are not very secure. There are a number of teenagers in the area and a lot of increased traffic at night. She is concerned if the information gets out about firearms being there, it would become unsafe. She would like to know if there will be reloading or just cleaning? They are concerned for their children and their property values. MOTION by Strachan, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to send the amended application back to the Planning Commission. APIF, MOTION CARRIED. 9. A WARD OF CONTRACT 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) MnDOT Speed Study Request - Akin Road - Engineering With the turnback of Akin Road from the County to the City being finalized, the City now has the ability to request a speed study on Akin Road. MnDOT has indicated that a representative would be willing to attend a neighborhood meeting with interested residents to discuss MnDOT's procedures and answer resident's questions. Councilmember Strachan asked if there was a chance the speed limit could go up? Staff does not feel that is likely. Mr. Shelly Johnson, Traffic Engineer, stated the speed limit could be raised. They look at land uses, driveways, schools and make recommendations regarding Council Minutes (Regular) April 16, 2001 Page 6 signage. MnDOT will not pay attention to initial speed requests. They will conduct a speed study, and send it back to the City Engineer for review. Then there will be a recommendation and approval by the State. They will do 5 mph increments in speed difference along a road. Police Chief Siebenaler stated there has been an increase in speed enforcement along Akin Road. Mr. Dave Pritzlaff, 20255 Akin Road, asked if MnDOT does recommend a speed limit 5 mph high, does the City have to follow it? Mr. Johnson replied he has seen it done both ways. Normally if approved by the State, it should be posted for that speed. Mr. Pritzlaff asked if deaths, accidents, or tickets are considered? Mr. Johnson replied no, not unless brought to their attention by the City. Mayor Ristow stated there will be a neighborhood meeting before the request goes to MnDOT. Staffwill be in contact with MnDOT to arrange the neighborhood meeting. MOTION by Cordes, second by Verch adopting RESOLUTION R38-01 requesting that MnDOT conduct an engineering and traffic investigation for the purpose of determining appropriate speed zones for Akin Road. APIF, MOTION CARRIED. b) Consider Ordinance - Annexation of Lawrence Rother Property - Community Development The City Council held a public hearing on April 2, 2001 to consider 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. This property is being petitioned for annexation under Statute 414.033 Subd. 2 (3) that allows up to 60 acres to be annexed by ordinance when petitioned by the property owner. Statutes require the Township to receive a declining portion of the Township's portion ofthe property taxes generated over a five year period. Staff received a letter dated March 9,2001 from Mr. Rother stating he understands MUSA designation or development is not guaranteed in any way. He also understands acceptance of the petition for re-zoning is not indication by the City of the future development possibilities of this property. Councilmember Soderberg asked if there had been any further communication from the township since the last Council Meeting. Mayor Ristow stated he received a letter containing Mr. Gerten's statements made at the last Council Meeting. MOTION by Soderberg, second by Cordes adopting ORDINANCE 001-461 annexing the Rother property to the City of Farmington and authorization to forward it to the Minnesota Office of Strategic and Long Range Planning. APIF, MOTION CARRIED. c) Consider Ordinance - Annexation of Michael and Eileen Devney Property- Community Development The City Council held a public hearing on April 2, 2001 to consider a petition to annex 60 acres of property owned by Michael and Eileen Devney located east of Council Minutes (Regular) April 16, 2001 Page 7 the Prairie Waterway and north of what would be the extension of 213 th Street. The same Statutes as noted above also apply to this property. MOTION by Soderberg, second by Cordes adopting ORDINANCE 001-462 annexing the Michael and Eileen Devney Property to the City of Farmington and authorization to forward it to the Minnesota Office of Strategic and Long Range Planning. APIF, MOTION CARRIED. d) Consider Ordinance - Annexation of Bernard Murphy Property - Community Development The City Council held a public hearing on April 2, 2001 to consider a petition to annex 60 acres of property owned by Bernard Murphy located south of the Seed/Genstar Orderly Annexation area and adjacent and south of the future extension of 195th Street. The same Statutes as noted above also apply to this property. Councilmember Strachan suggested Council should forward a letter to Empire Township asking if they would like to meet to discuss the issues raised. MOTION by Strachan, second by Verch adopting ORDINANCE 001-463 annexing the Bernard Murphy property and authorization to forward it to the Minnesota Office of Strategic and Long Range Planning. APIF, MOTION CARRIED. e) Consider Resolution - Middle Creek Development Contract - Engineering The final plat for Middle Creek was approved by the Planning Commission on January 9, 2001 and by the City Council on February 5,2001. The conditions for approval for the development contract include the Developer enter into this Agreement and the Developer provide the necessary security in accordance with the terms of this Agreement. Councilmember Soderberg stated he has received a lot of comments regarding the trees that have been removed. Mr. Don Patton, DR Horton, stated most of the trees removed were Elm or Box Elder. The Oak trees on the south are remaining. There are many things that go into designing a plat. They like to save as many trees as possible. Residents like to have trees in their yards and as developers, we can get more money for lots with trees. However, there are constraints to deal with. Councilmember Cordes stated a lot of scrub trees were taken out, but for every tree removed, three trees were planted. In 20 years there will be a lot of trees. Councilmember Soderberg stated he understands all of the things that go into a development, but he is disappointed more trees could not be saved. MOTION by Cordes, second by Verch adopting RESOLUTION R39-01 approving the execution of the Middle Creek Development Contract and authorizing its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. Council Minutes (Regular) April 16, 2001 Page 8 11. UNFINISHED BUSINESS a) Akin Road Traffic Analysis - Update - Engineering An updated analysis was performed by the City's traffic engineer and incorporates the estimated traffic volumes that will be generated by the various developments that are proposed or on-going in the Akin Road area. The results of the analysis do not change the current recommendations at 193rd Street, 195th Street, and 20Sth Street. The future intersection that will be created with the access to Vermillion Grove will need to be evaluated when the connection is constructed, as there may be sight distance issues. Councilmember Soderberg asked if there is an objective way to place stop signs at 20Sth Street and 193rd Street. Mr. Shelly Johnson, Traffic Engineer, stated the volumes just are not there. Until there is more development that feeds the 208th Street corridor, an all-way stop would create excessive delay to people causing traffic to roll through a stop sign. The accident history is not there. Mayor Ristow asked about more control during school hours. Mr. Johnson replied currently adult patrol is used to allow busses to turn and that is an excellent way to handle the situation because it is only a 15-25 minute time period. Otherwise, you could shoot a cannon down the street. He suggested staffkeep an eye on it until traffic volume grows or the accident rate increases. The volumes on Akin Road are not the problem. It is the cross streets that have to have the volume. Sight distance is considered, as well as road conditions. Councilmember Strachan asked if there was any consideration given to access the bike path on the east side of Akin Road. Mr. Johnson stated that is something that is considered, but how can you determine where people will cross the road? People will cross where they want to cross. They will not walk 300 feet to get to a signal. A location can be selected for a crosswalk with flashers, but do not install a stop sign. Pedestrians cannot depend on traffic stopping. If there is a problem crossing the road, identify the best location and place a florescent crossmg SIgn. 12. NEW BUSINESS a) Consider Resolution - Sale of $1,645,000 General Obligation Utility Revenue Bonds Series 2001B - Finance b) Consider Resolution - Sale of $870,000 G.O. Permanent Improvement Revolving Fund Bond Series 2001C - Finance The $1,645,000 bond was sold to fund the portion of the Public Facilities project related to the City's municipal water, sewer, storm water and solid waste utilities. The $870,000 bond was sold to fund the Akin Road improvement project. Mr. Rusty Fifield of Ehlers and Associates explained the bond sale process. MOTION by Soderberg, second by Cordes adopting RESOLUTION R40-01 awarding the sale of the $1,645,000 General Obligation Utility Revenue Bonds, Series 2001B contingent on true interest cost not exceeding 5.2%. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg adopting Council Minutes (Regular) April 16, 2001 Page 9 RESOLUTION R41-01 awarding the sale of the $870,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001 C contingent on true interest cost not exceeding 4.70%. APIF, MOTION CARRIED. c) Consider Resolution - Authorizing Execution of Documents Related to $5.830 million Public Project Revenue Bonds Series 2001A - Finance The HRA sold $5.830 million Public Project Revenue Bonds. The proceeds will be used to construct a Central Maintenance Facility and Police Station. MOTION by Strachan, second by Verch adopting RESOLUTION R42-01 authorizing the execution of a ground lease and a lease agreement providing for the construction of a Central Maintenance Facility and Police station to be leased from the HRA by the City contingent on true interest cost not exceeding 5.20%. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Verch: very nice. The new fire truck was shown at the Easter Egg Hunt and is Interim City Administrator Roland: Brenda Wendlandt, Human Resources Coordinator, presented an ad to Council for their review for the City Administrator position. If Council concurs, the ad will be placed in appropriate publications. Council also received a draft of the position profile for review. Council should advise Brenda of any comments. Council had requested a workshop with the Eureka Town Board. The workshop will be set for May 1 or 2, 2001. Interim City Administrator Roland will be testifying before the Senate Tuesday afternoon regarding the sales tax exemption bill. Community Development Director Olson: Farmington was featured in the St. Paul Pioneer Press Real Estate section. Parks and Recreation Director Bell: Met with the DNR trout specialist regarding erosion concerns in Rambling River Park. There is a grant opportunity available. Staff will bring this to Council at the May 7, 2001 Council Meeting. City Engineer Mann: Staff has received a request from Farmington Lutheran Church and Bernard Murphy regarding improvements they are requesting be made with the Akin Road project. Staff will review the possibilities. Mayor Ristow: April 25, 2001 is Volunteer Recognition Day. The Chamber of Commerce will be hosting a dinner. Council Minutes (Regular) April 16, 2001 Page 10 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:38 p.m. APIF, MOTION CARRIED. Respectfully submitted, :r~~ /77c-~ Cynthia Muller Executive Assistant