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HomeMy WebLinkAbout11.05.01 Council Minutes COUNCIL MINUTES REGULAR November 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, Soderberg, Strachan Cordes, Verch Joel Jamnik City Attorney, Ed Shukle City Administrator, Jim Bell Parks and Recreation Director, Lee Mann City Engineer, Karen Finstuen Administrative Services Manager, Lee Smick City Planner, Mike Schultz Associate Planner, Brenda Wendlandt Human Resources Manager, Cynthia Muller Executive Assistant 4. APPROYEAGENDA MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Boy Scout Troop 119 Mayor Ristow acknowledged the attendance of Boy Scout Troop 119. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (10/15/01 Regular) (10/10/01 Special) b) Approved Joint Powers Agreement Dakota County Task Force - Police Department c) Approved Appointment Recommendation - Finance d) Adopted RESOLUTION R93-01 Accepting Safe and Sober Grant - Police Department e) Adopted RESOLUTION R94-01 Dakota County East-West Cross Corridor Study Collaboration - Engineering f) Approved Disposal of City Property - Parks and Recreation g) Adopted ORDINANCE 001-467 Amending Liquor License Eligibility- Administration h) Approved Request for Senior Center Funding - Townships - Parks and Recreation i) Approved Traffic Control Recommendations - Engineering j) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) November 5,2001 Page 2 8. PUBLIC HEARINGS a) Approved Various Licenses and Permits - Administration A Public Hearing was held to renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses, and Saunas and Therapeutic Massage Licenses for the following businesses: On-Sale Liquor - American Legion, Farmington Lanes, LongBranch Saloon and Eatery On-Sale Sunday - American Legion, Eagles Club, Farmington Lanes, LongBranch Saloon and Eatery, VFW Club Club Licenses - Eagles Club, VFW Club On-Sale Intoxicating Malt Liquor and On-Sale Wine - B&B Pizza Sauna and Therapeutic Massage - Rite Touch Therapeutic Massage, Sherry Jackson MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg approving the 2002 On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Beer, On-Sale Wine, Club and Therapeutic Massage Licenses for the above businesses. APIF, MOTION CARRIED. b) Consider Resolution - Vacation of Right-of-Way and Easements City Center II - Community Development The Farmington HRA has petitioned the City to consider vacating the remainder of the Main Street right-of-way located directly west of the railroad right-of-way, the Second Street right-of-way lying north of Main Street and also vacating the drainage and utility easement found on the north side of the Farmington City Center plat. In 1974 the City Council approved a section of Second Street be vacated north of Elm Street. In 1993 a portion of Main Street, Second Street and an alley right-of-way was vacated as part of the City Center plat. In 1998 the City Council approved to vacate the portion lying east of the railroad right-of-way to Third Street. Staff recommended vacating the subject rights-of-way and easement to clear the property for the future filing of a plat as part of continued re- development north of the original City Center area. MOTION by Strachan, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan adopting RESOLUTION R95-01 vacating the remaining portion of Main Street lying west of the railroad right-of- way, vacating the remaining portion of Second Street lying north of the Main Street right-of-way and vacating the drainage and utility easement on the north end of the Farmington City Center plat. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) September 2001 Financial Report - Finance A report was presented to Council which reviews the September revenues and expenditures. This report will be made available to Council every month. Council was very complimentary of the information contained in the report. Council Minutes (Regular) November 5, 2001 Page 3 b) Consider Resolution - Meadow Creek Final Plat - Community Development Progress Land Company has submitted the Final Plat for Meadow Creek 1 st Addition. The plat contains 35 single-family lots and 2 outlots bordering the northern propertlline of the Autumn Glen subdivision and the eastern border of Prairie Creek 3r and 4th Additions. The Preliminary Plat was approved by the City Council on August 20, 2001. State statute allows the Developer to reduce the final plat lot count provided that the final plat is a part of the approved preliminary plat lots. A condition of the preliminary plat approval required that corrections and improvements to the grading and drainage problems in Prairie Creek 4th Addition be addressed and restoration of the affected properties be performed during the grading of the Meadow Creek project. The improvement plan proposes that all of the grading work be contained within the platted 10-foot easement along the rear property lines in the Prairie Creek 4th Addition. The Developer will be required to notify property owners if the grading needs to be performed outside of the 10-foot easement. At the October 23, 200 I Planning Commission meeting, the Developer understood that no homes within the Meadow Creek 1 st Addition will be constructed until the grading and drainage work is resolved on the rear property lines of the lots in the Prairie Creek 4th Addition. The plat shows 2 outlots, including Outlot A that encompasses a storm water management pond and Outlot B that encompasses the remainder of the plat. Easements are shown on the plat along rear lot lines in the southwest corner of the 1 st Addition and along the southern boundary with Autumn Glen. A 20-foot easement is shown on Lots 3 and 4 in Block 2. A 40-foot easement is proposed along the rear lot lines adjacent to the Autumn Glen subdivision to allow for the existing berm and trees that run between Lots 6 to 19 in Block 2 of the Meadow Creek 1 st Addition. Approval of the Meadow Creek I st Addition Final Plat is contingent upon the following requirements: 1. Execution of a Development Contract between the Developer and the City of Farmington and submission of security, payment of all fees and costs and submission of all other documents required under the Development Contract. 2. Approval of the construction plans for grading, storm water, sanitary sewer and water utilities by the Engineering Division. 3. The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. Mayor Ristow stated he, Councilmember Cordes, staff, MW Johnson, and Progress Land met to discuss the development and were assured that all the drainage easements along Prairie Creek would be taken care of and nothing has changed. These issues will have to be resolved before any building permits are issued. The Engineering Division will determine the resolution of the drainage problems. MOTION by Soderberg, second by Strachan adopting RESOLUTION R96-01 approving the Meadow Creek 1 st Addition Final Plat contingent upon the above requirements. APIF, MOTION CARRIED. Council Minutes (Regular) November 5, 2001 Page 4 c) Consider Resolution - Meadow Creek Development Contract - Engineering The Development Contract for Meadow Creek First Addition was forwarded to Council. The conditions of approval are: 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 record the plat with the County Recorder or Registrar of Titles within 75 days after City Council approval of the final plat. d) The Developer shall fully comply with the terms of that Settlement Agreement between the City and Developer dated December 22, 2000. There are some unique aspects of this development contract contained under Litigation Settlement in the Development Contract. Item 3 states the Developer must put up a Letter of Credit for the outstanding amount he owes the City and item 4 stipulates the mechanism by which the outstanding amount is paid. The other unique item is building permits will not be issued until drainage problems along Prairie Creek are resolved. City Attorney Jamnik stated the way the contract is drafted a more comprehensive build out was anticipated. The Settlement Agreement was not drafted with a 35 unit phase then a following phase. Everything was lump summed at the front end. If the developer has a financial problem putting everything on the front end, City Attorney Jamnik would be open to a modification. Mr. Warren Israelson, Progress Land Company, stated he received the Development Contract late last week. The amount of the increase in the Letter of Credit, which is over $300,000 for 35 lots is a significant number. He requested the City consider taking a smaller portion of the settlement and applying it to the first phase and the remainder in the next phase. The Development Contract also contains an additional $100,000 staff felt they needed for improvements. The original estimate was based on an actual bid, so Mr. Israelson felt that number should still be valid. Mr. Israelson also requested to pay the settlement amount rather than putting it in a Letter of Credit. The amount of the Letter of Credit is approximately $639,000. City Attorney Jamnik stated there are no improvements being secured by the Letter of Credit. The City's interest can be secured by foregoing some of the amount and keeping it for subsequent phases. The Letter of Credit and security numbers could be revised by dropping that amount and bringing back a new amount. City Engineer Mann stated the reason for the additional amount of $100,000 was due to there being a change in the amount to accurately reflect what. was shown in the final construction plans as far as quantities of items. When estimates for Letters of Credit are put together, staff uses bid prices they feel they would get if they were to do the project. The 25% is basically an additional cost that would cover administrative and staff time to actually administer those improvements. As improvements are installed a conscious effort is made to reduce the Letter of Credit. City Engineer Mann agreed that an agreement could be worked out. City Attorney Jamnik suggested the Letter of Credit would not be reduced for the public improvements, because some of that will be used to secure Council Minutes (Regular) November 5, 2001 Page 5 the litigation settlement. The trade off will be Progress Land will have a lower Letter of Credit up front, but it will not be released at the same pace as normal. The December 22, 2000 Settlement Agreement will be modified. MOTION by Soderberg, second by Strachan adopting RESOLUTION R97-01 approving the execution of the Meadow Creek First Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. d) River Summit Meeting - Administration An invitation was received to attend the first annual "River Summit" on November 15,2001. It is important to Farmington because of the Vermillion River. e) League of Minnesota Cities Policy Adoption Conference - Administration The annual LMC Policy Adoption Conference will be held November 16,2001. The purpose of the conference is to bring together members ofLMC to discuss proposed policies of City interest and impact that need to be addressed during the 2002 Legislative session. 11. UNFINISHED BUSINESS a) Set Workshop Date - Traffic Calming Methods - Engineering The Council had requested a workshop to discuss traffic calming methods, specifically speed humps. The workshop was scheduled for February 20, 2002 at 7:00 p.m. b) Set Joint Workshop Date - Zoning Code Update - Community Development This will be a joint workshop with the Council and Planning Commission to discuss updates to the Zoning and Subdivision Codes. The workshop was scheduled for December 12,2001 at 5:00 p.m. The public hearing at the Planning Commission will be held in January 2002. 12. NEW BUSINESS a) Consider Resolution _195tb Street W, Middle Creek Trunk Sanitary Sewer and Water Main Extension Feasibility Report - Engineering The City Council ordered the preparation of a feasibility report for street and utility improvements requested by ISD 192 for the new elementary school site and other adjacent properties. It is proposed the street improvements and utility improvements be bid as two separate projects due to the different timing needs and financing methods being utilized for the street and utility improvements. The proposed improvements to 195th Street are from Flagstaff A venue easterly to the existing pavement west of Pilot Knob Road, and will be made in cooperation with Dakota County. County Road 64 has been identified as a future four-lane, undivided, minor arterial and is the subject of a continuing study in the County's East-West Corridor Study. The proposed project provides for a 24-foot wide bituminous surface with shoulders and left and right turn lanes at the school access. The proposed design builds the middle two lanes of the future four-lane County road. The County has agreed to include their portion of the funding for the 195th Street project in their program for 2003. Council Minutes (Regular) November 5, 2001 Page 6 The trunk utility project would extend trunk sanitary sewer from the southwestern corner of the Charleswood development to the north side of 195th Street. A trunk water main loop would be completed from the southwestern corner of the Charleswood development to an existing main at the southwest corner of the Troy Hills development. The estimated cost for the 195th Street project is $921,000. The estimated cost for the trunk utility project would be $593,000. The 195th Street project costs will be split between Dakota County, the City and the benefitin~ properties adjacent to the roadway. Dakota County has indicated that the 195t Street project will be included for funding in their CIP for 2003. The City would bond for the improvement costs in 2002 and be reimbursed for the County's portion in 2003. The benefiting properties adjacent to the 195th Street improvements would be assessed for their portion of the project costs. The costs for the trunk sanitary sewer and water main would be financed from the City's trunk Sewer and Water funds. MOTION by Soderberg, second by Strachan adopting RESOLUTION R98-01 accepting the feasibility report and calling for a public hearing for the 195th Street West project. APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan adopting RESOLUTION R99-01 accepting the feasibility report, ordering the project and authorizing the advertisement for bids for the Middle Creek Trunk Sanitary Sewer and Water Main Extension project. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Strachan: Encouraged the Boy Scouts to become interested in local government and to keep up with it as they get older. He also encouraged everyone to vote in the school board election. Mayor Ristow: Thanked the Boy Scouts for attending. 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 8:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/?/~ Cynthia Muller Executive Assistant