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HomeMy WebLinkAbout06.18.01 Council Minutes COUNCIL MINUTES REGULAR June 18, 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, Verch Soderberg, Strachan City Attorney Jamnik, Interim City Administrator Roland, City Management Team 4. APPROYEAGENDA MOTION by Cordes, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS a) Kelly Canada - Grading Concerns Ms. Kelly Canada introduced Mr. Al Larson as spokesperson for the Nelsen Hills Twin Homes addition. Mr. Larson stated they have four major issues of concern with the properties at Nelsen Hills Twin Homes. The issues are unsatisfactory grading; the need for a retaining wall along Pilot Knob Road; the repair of a boulder retaining wall; and landscaping and sodding of all areas of concern. Regarding the unsatisfactory grading, he stated there were no as-built surveys submitted for 18590, 18588, 18576, and 18584 Euclid Path. As a result, there are major grading problems including water standing in the back of 18562 and 18568 Euclid Path. The entire site has not been graded over the common area. Because of the standing water, sump pumps are running constantly. The City water shutoffs are 3"-6" above grade and a storm sewer clean out that is 10" above grade. The fire hydrant is too low for the Fire Department to spin a wrench on it to open it. The steep embankment along Pilot Knob Road is a major concern due to children sliding down it during the winter. They could end up on Pilot Knob Road. In addition, the slope of the hill has been changed due to fill from the site being pushed over the edge. There also has to be some grading around the water shed area to the south which has not been sodded. The existing 2: 1 grade will not be maintainable and will cause erosion problems. A reasonable solution would be to establish a keystone retaining wall to prevent future problems. The residents feel Council Minutes (Regular) June 18, 2001 Page 2 there were serious errors made on the development by the City, Dakota County, Heritage Development and Siska Group by not checking grade levels and obtaining the as-built surveys required. There is a stone retaining wall on the west side of 18590 Euclid Path that is seriously eroding. The dirt behind the boulders is washing down to the walkout patio of that unit. Each of the six units is supposed to have an outdoor lamp post in the front yard. Two units are waiting to have them installed. Also each unit was supposed to have a tree in the front yard. Only one unit has a tree. It is not the resident's intent to keep the buyer of 18590 from moving in. However, it is their intention to take whatever action is necessary to get these issues handled in a manner satisfactory to homeowners of Nelsen Hills. After numerous phone calls and letters to the builder, he has made no contact with the residents. After one year the residents feel very strongly he will not comply with these issues after the closing of 18590 Euclid Path on June 28, 2001. The residents would like some sort of acceptable action or commitment from the City and the builder that all work will be completed before the closing on that date. The residents thanked the City Engineering staff for their assistance with this issue. The residents would like the City to not release a temporary permit of occupancy for 18590 until all issues are completed. If the issues are not completed the residents will take legal action. The only way to get Siska to complete or even start the repairs is to hold the Certificate of Occupancy. If not that, then hold at least 1 1/2 - 2 1/2 times the cost of these repairs from the closing. Mr. Larson thanked Council and staff for listening to their concerns. Interim City Administrator Roland stated Engineering has been dealing with these issues and will be meeting on Tuesday with a member of the City Attorney's staff to review the options. A response will be prepared for the next meeting. The City is making every attempt to resolve the issues or at least get the type of response from the builder in escrow that the association referred to. 7. CONSENT AGENDA MOTION by Cordes, second by Verch to approve the Consent Agenda as follows: a) Approved Council Minutes (6/4/01) (Regular) (6/4/01) (Special) b) Approved Agreement Anoka Hennepin Technical College - Fire Department c) Approved Beer and Cigarette License Transfer - Administration d) Approved Appointment Recommendation - Public Works e) Accepted Resignation - Community Development t) Received Information Music Between the Ages Grant - Parks and Recreation g) Approved Request for Proposals for Recycling Services - Parks and Recreation h) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) June 18, 2001 Page 3 8. PUBLIC HEARINGS a) Consider Resolution - Third Street Overlay and Sanitary Sewer Sliplining- Engineering The improvements proposed for the Third Street overlay and Sanitary Sewer Sliplining Project consist of constructing a bituminous overlay and sliplining the sanitary sewer along Third Street from Spruce Street to Ash Street. The total project cost is estimated at $413,000.00. According to the assessment policy, 65% of the project costs would be paid for by the City and 35% would be assessed to the benefited properties. The estimated assessment per residential unit is $2,316.26. Council member Strachan arrived at 7:20 p.m. Ms. Lynn Royce, 609 3rd Street, asked how assessments break out for apartment buildings. Assistant City Engineer Gross replied according to the policy it is by square footage. Mr. Russ Christensen, 516 3rd Street, asked if there would be any sliplining to the individual residents or only the main sewer line? Assistant City Engineer Gross replied it will only be the main sewer line. Mr. Christensen noticed there were some properties not assessed for both the overlay and the sliplining. Assistant City Engineer Gross replied on some of the properties the driveway fronts one street and the service fronts another street. They are typically corner lots. Mr. Christensen then asked if it was normal procedure to share the wealth on the overlay with residents who do not live directly on the road, but access it. Assistant City Engineer Gross replied there are major collectors in town such as Pilot Knob, Akin Road, Ash Street where assessments are made ~ mile in either direction. Very careful records are kept as to who was assessed and for what. Ms. Mona Ostroot, owner of 521 3rd Street, asked why they are being assessed for the sliplining when others on the block are not. Assistant City Engineer Gross rerlied the Walnut Street project assessed non-abuttng properties (properties on 3r Street) to offset the assessment costs to corner lots. Staff is still reviewing the other properties. Ms. Lynn Royce, 609 3rd Street, regarding the double assessments, will the City be contacting the residents? Assistant City Engineer Gross replied the residents with double assessments will be contacted. Ms. Royce then asked about how the assessed value of the house was impacted by the street. Assistant City Engineer Gross replied a separate company did an assessment along 3rd Street to see if the homes along that street could support the assessments levied. If the assessments fall below a certain mark then the assessment is ok. Assessments could be made up to $4000, and the City is well below that mark. Interim City Administrator Roland stated this is standard procedure for the assessment policy. Council Minutes (Regular) June 18, 2001 Page 4 MOTION by Cordes, second by Verch to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch adopting RESOLUTION R59-01 ordering the project, approving plans and specifications and authorizing the advertisement for bids. APIF, MOTION CARRIED. b) Consider Ordinance - Benham Property Annexation - Community Development The City received an annexation petition from Lowell and Janet Benham to annex approximately 1.88 acres currently in Section 32 of Empire Township. The subject property is completely surrounded by land within the municipal limits. According to MS 414.033 Subd.2(2) a City Council may by ordinance declare land annexed to a City if the land is completely surrounded by land within the City limits. Mr. and Mrs. Benham have an agreement to sell this property to Mr. Tim Giles, owner of the adjacent Glenview Townhomes development. The property would be incorporated into the existing commercial lots along Trunk Highway 3. Upon purchase of the land the two homes will be demolished and the wells and septic system will be removed. The owner will be allowed 10 months to remove the septic system and hook up to the City sewer and water. If this petition is approved, the Benham's and Mr. Giles have filed a petition to rezone this property to B-1 Limited Business. Ms. Eileen Sauber, 110 8th Street, asked what type of businesses are B-1? Mayor Ristow and Community Development Director Olson replied restaurants, convenience stores, offices, retail, motels, gas stations. MOTION by Strachan, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Strachan adopting ORDINANCE 001-465 annexing the 1.88 acre Benham property. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2000 Annual Financial Statement - Finance Final audited numbers indicate an increase of$343,557; bringing the fund balance total to $1,457,720. This represents 35.4% of the annual expenditures of the City. In 2000, actual General Fund revenues exceeded budgeted revenues by $200,268 and actual expenditures were $45,950 less than budgeted. Mr. Joe Rigdon from Kern, DeWenter, Viere presented their report to Council. b) Consider Comprehensive Plan Amendment - Devney Property - Community Development c) Consider Comprehensive Plan Amendment - Rother Property - Community Development Michael and Eileen Devney and Lawrence Rother are seeking a Comprehensive Plan Amendment for the properties to Low/Medium Density Residential and to Council Minutes (Regular) June 18, 2001 Page 5 rezone their properties from A-I to R-2. The properties were annexed into the City on April 16, 2001. The total acreage of the Devney property is 57.71 acres and the Rother property is 56.12 acres. The City's Traffic Engineer reviewed the projected traffic volumes for the properties and found that additional access to this region needs to be planned and reviewed before any development could occur. The City has reviewed the feasibility of serving the properties with sanitary sewer and water service, and with only half of the property serviced with gravity sewer at this time, it is not feasible to develop the property to its potential. The Planning Commission reviewed the petition on June 12,2001 and recommended denial of the Comprehensive Plan Amendment and zone change based upon the Findings of Fact. MOTION by Strachan, second by Verch to deny the Comprehensive Plan Amendment and Zone Change for the Michael and Eileen Devney property and to adopt the Findings of Fact of the Planning Commission. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch to deny the Comprehensive Plan Amendment and Zone Change for the Lawrence Rother property and to adopt the Findings of Fact of the Planning Commission. APIF, MOTION CARRIED. d) Consider Resolution - Middle Creek 4th Addition Final Plat - Community Development D R Horton and Arcon Development Inc. jointly propose to plat 68 townhome units within the Middle Creek 4th Addition. The 68 townhome lots are located directly east of Pilot Knob Road and south of the previous 66 units platted as part of the Middle Creek 2nd Addition. The Final Plat is proposed to slightly deviate from the approved preliminary plat in that the developer is proposing to include two-stall garages instead of the proposed single-stall garages. This change is for the four lots located north of 206th Street, and will require the lots to be extended an additional twelve feet to accommodate the two additional stalls on both sides of the building. The plat shows 206th Street will act as the main access in and out of the townhome portion of the development until the north/south road is constructed in future phases. The homeowners association will maintain the private driveways that extend off of 206th Street. The Parks and Recreation Commission have requested that a park be provided in the southeastern portion of the project, north of the creek and west of Akin Road. Staff requests that the developer strongly consider additional off-street parking stalls to be constructed in locations off of the private drives, currently only 4 off-street parking stalls are proposed. MOTION by Cordes, second by Strachan adopting RESOLUTION R60-01 approving the Middle Creek 4th Additional Final Plat contingent on the execution of a development Contract, the submittal of a revised grading plan and continued review of additional off-street parking within the plat. APIF, MOTION CARRIED. e) Consider Resolution - Wilson Property Preliminary Plat - Community Development Steve and Nancy Wilson, 5200 203rd Street, Arcon Development, and D R Horton have submitted an application for the Wilson property Preliminary Plat to Council Minutes (Regular) June 18, 2001 Page 6 subdivide 9 lots on 4.7 acres. The property is located in the central portion of the Middle Creek development. The 9 single-family lots will be arranged around a 570-foot long cul-de-sac that will eventually connect to the proposed 203rd Street east/west minor collector. Since the cul-de-sac length exceeds the City requirement stating that cul-de-sac streets shall not exceed 500 feet in length, a variance must be applied for before the final plat may be approved. Contingencies for the Preliminary Plat are: 1. The Developer seeks a variance request for the 570-foot cul-de-sac that exceeds the City standards in Section 11-4-3(B) of the City Code. 2. A sidewalk is required on one side of the 28-foot wide cul-de-sac road to meet City standards. Councilmember Verch stated he received a letter from the McCarthy's stating no contact has been made by the builder to resolve the 203rd Street issue. Mr. Don Patton, D R Horton stated he met with the McCarthy's approximately 1 month ago. Mayor Ristow stated City Attorney Jamnik has been in contact with the McCarthy's attorney stating the City will stake the right-of-way to show where it is in relation to the property. MOTION by Strachan, second by Cordes adopting RESOLUTION R61-01 approving the Wilson Property Preliminary Plat contingent upon the above issues. APIF, MOTION CARRIED. t) Consider Resolution - Charleswood sth Addition Development Contract - Engineering The Development for Charleswood 5th Addition has been drafted with the following conditions: a) The Developer enter into this Agreement. b) The Developer provide the necessary security in accordance with the terms of this Agreement. c) The Developer reserves Lot 1, Block 1 for purchase by the Water Board for a future water supply well. In addition, the Developer agrees to grant the CiZ an easement for a future water supply well at the northwest corner of200 Street and Pilot Knob Road. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $21 ,500. d) The Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the Final Plat or within 30 days of the execution of this Agreement. MOTION by Verch, second by Cordes adopting RESOLUTION R62-01 approving the execution of the Charleswood 5th Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. g) Consider Resolution - Vermillion Grove Development Contract - Engineering The Development Contract for Vermillion Grove has been drafted with the following conditions: a) The Developer enter into this Agreement. Council Minutes (Regular) June 18, 2001 Page 7 b) The Developer provide the necessary security in accordance with the terms of this Agreement. c) The Developer reserves Outlots A and G for purchase by the Water Board for future water supply wells. The Water Board has agreed to purchase said well sites from the Developer for a total amount of $75,000. d) The Developer record the plat with the County Recorder or Registrar of Titles within 75 days after City Council Approval of the Final Plat or 30 days after the execution of the agreement. MOTION by Cordes, second by Verch adopting RESOLUTION R63-01 approving the execution of the Vermillion Grove Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councifmember Strachan: Council was provided with the ALF Ambulance budget for 2002. Advise him of any questions. The third rig for Farmington has been very busy. City Attorney Jamnik: He has been working on negotiations regarding the 195th Street right-of-way with McNamara's staff and are $25,000 - $30,000 apart. Authorization for appraisal has been done. Construction of 195th Street may not occur this year if the right-of-way acquisition is not approved. Finance Director Roland: There are two meetings next week, on June 26 at 5 p.m. and June 27 at 6 p.m. Assistant City Engineer Gross: him if there are any questions. Regarding Nelsen Hills Twin Homes, please call 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7.~ ?nddJ Cynthia Muller Executive Assistant