Loading...
HomeMy WebLinkAbout11.19.01 Council Minutes COUNCIL MINUTES REGULAR November 19, 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, Verch Cordes Joel Jamnik, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Lee Smick, Planning Coordinator; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, City Engineer; Karen Finstuen, Administrative Services Manager; Mike Schultz, Associate Planner; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant Audience: 4. APPRO YE A GENDA MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Employee - Police Department Ms. Stacy Sanborn was introduced as the new Community Service Officer. b) Safe Streets Award Presentation - Police Department Ms. Anita Kennedy, Probation Officer with Dakota County gave an overview of the Safe Streets First program. This is a DWI offender's program directed by the Dakota County Courts and the Minnesota Citizens Council on Crime and Justice. A plaque was presented to the City for participating in the program. c) Proclamation Recognizing Reverend Jamie Thompson - Administration Pastor Jamie Thompson was recognized for his outstanding service to the community and support of Farmington youth. He co-founded Building Bridges for Youth, a volunteer organization to foster asset building and healthy youth in the Farmington area. 6. CITIZEN COMMENTS Mr. Dave Pritzlaff, 20255 Akin Road, stated the Akin Road project doesn't live up to his expectations. The residents needs have not been met and the City did not back the ~sidents as far as reducing the speed limit. When digging began for the bike path, there were dirt piles placed in several yards. There are double yellow lines that make a bulge. Council Minutes (Regular) November 19,2001 Page 2 It is confusing to figure out where the turn lanes are. Mr. Pritzlaff feels if the turn lane goes to the left so should the yellow line and use white lines to mark th~ lanes. He invited Council to drive Akin Road. There are a couple areas where curbs were installed and residents did not expect them. They were told there was not enough room between the road and the bike path. If there was not enough room for the bike path, it should not have been installed. If there are curbs, there should also be gutters. The project was dragged out too long. As far as safety issues, why were speed limits reduced for construction vehicles and not for residents? Mr. Pritzlaff feels the bike path is very unsafe. If a child makes an error on their bike or roller blades, they will go into a fence, brush or trees or go down the embankment. If an injury does occur, the City could be held liable. Will the bike trail be plowed in the winter? If it is plowed, where are snowmobilers supposed to ride? Can the City do a traffic count on the trail to see if it was worth installing? Crosswalks, stops signs, speed limits will always be important issues. City Engineer Mann stated the final lift of asphalt will be placed in the spring. There are other items to be completed yet this fall including striping. Staff will respond to Mr. Pritzlaffs questions and will include a letter staff received from the state regarding speed control. Mr. Kris Jahnz, 5755 18200 Street W, stated he was notified of a delinquent water bill for approximately $55. He bought his house two years ago and the previous owner did not pay his bill. He did not think it was right to have this amount added to his property taxes. The City knows where the previous owner lives. He was aware of this in 1999. In 2000 he received another letter. Mr. Jahnz wanted to know how long will this go on. No matter what the dollar amount is, it is not right. Councilmember Strachan asked if this should have been resolved at the closing. Finance Director Roland replied the title company should do a title search and would place any pending amounts in escrow. It is standard policy for the City to send notice to the current and previous owner. The new owner has recourse with the title company and through small claims court against the previous owner. The address of the previous owner is in Empire Township and the City has no ability to certify a Farmington bill to an Empire property. Finance Director Roland will review the situation. 7. CONSENT AGENDA Councilmember Verch pulled Item 7a) Council Minutes (11/5/01 Regular) to abstain from voting as he was absent from that meeting. MOTION by Strachan, second by Soderberg approving Council Minutes (11/5/01 Regular). Voting for: Ristow, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: b) Approved Various Licenses and Permits - Administration c) Accepted Resignation Heritage Preservation Commission - Administration d) Received Information Capital Outlay - Fire Department e) Adopted RESOLUTION RI00-0l Approving Tree City USA Application - Parks and Recreation f) Received Information Heritage Preservation Commission 2001 Annual Report - Administration Council Minutes (Regular) November 19,2001 Page 3 g) Approved NRG Processing Solutions Contract Amendment - Parks and Recreation h) Approved 19Sth Street Project Change Order - Engineering i) Approved Appointment Recommendation Parks and Recreation - Administration j) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Certification of Delinquent Municipal Services - Finance Minnesota State Statutes grants municipalities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. All property owners with delinquent utility bills (over 90 days overdue) were mailed notices and may pay their delinquent amount by December 1,2001 to avoid certification. At the current time there are 257 accounts for a total of $117,129 outstanding. If a renter has a delinquent amount, both the landlord and renter are notified. Mr. Dave Pritzlaff, 20255 Akin Road, asked how the City is billing sewer usage. It should be based on water usage. Finance Director Roland replied 2-3 years ago the policy was changed to reflect winter quarter water usage, as this is when the least amount of water is used. The maximum amount the sewer usage could be is the amount of water used during winter quarter times the sewer rate. MOTION by Verch, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg adopting RESOLUTION RI0I-Ol certifying the delinquent accounts as special assessments to the 2002 taxes of the appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) October 2001 Financial Report - Finance Budget actuals as of October 31, 2001 were presented to Council. Expenditures are well within budget and revenues are significantly higher in certain areas. The 2002 budget document will be presented at the first meeting in December. b) Charleswood 6tb Addition Preliminary and Final Plat - Community Development Newland Communities proposes to replat the Charleswood 4th Addition in an effort to correct a property line adjustment between Newland Communities and Bob Donnelly, 20080 Flagstaff Avenue. The three lots affected include Lot 1 Block 1, Lot 2 Block 1, and Lot 1 Block 2. The Charleswood 6th addition is located on the southwestern edge of the Charleswood development along 200th Street. Mr. Donnelly's property is adjacent to the Charleswood development on the west. A fence owned by Mr. Donnelly currently exists on the Charleswood Council Minutes (Regular) November 19,2001 Page 4 property owned by Newland Communities. Since the fence has existed for a number of years on the property owned by Newland Communities, Minnesota State Statute allows an adverse possession to take place. The Charleswood 4th Addition needs to be replatted to take into account the fence line owned by Bob Donnelly. The property line has moved approximately 2 to 4 feet to the east in the rear lots of the Charleswood 6th Addition plat. The Final Plat approval is contingent on the approval of the construction plans for grading, storm water and utilities by the Engineering Division. MOTION by Soderberg, second by Verch adopting RESOLUTION RI02-01 approving the Charleswood 6th Addition Preliminary and Final Plat with the above contingency. APIF, MOTION CARRIED. c) Middle Creek Estates Preliminary Plat - Community Development Arcon Development and n.R. Horton is seeking approval of the Middle Creek Estates Preliminary Plat. The plat consists of26 single-family lots on approximately 40.74 acres ofland and is located south of the Pine Knoll neighborhood and west of Akin Road. The Planning Commission held a public hearing on November 13,2001 and forwarded a recommendation of approval based on the follow contingencies: 1. All Engineering comments are addressed as given within the letter dated October 22, 2001 from Public Works Director Lee Mann. The developer should realign the driveway of the existing home located to the north of the access to Akin Road in order to access from the proposed roadway. The developer has a verbal agreement with the Haley's to swap the needed right-of-way access within Outlot B. The developer needs to determine where wetland mitigation will occur for the impacts on wetland #2. Additional fire protection coverage should be added for Lots 13 and 14, Block 2 to cover the minimum 225-foot radius from hydrants. 2. The developer address all comments given in a letter dated October 30, 2001 from Planning Coordinator Lee Smick. Outlot A be split into wetland area and parkland dedication. A Conservation Easement be dedicated to protect the vegetation. Require a tree inventory to determine removal limits of trees on the property. Grading will be done for each individual building pad which will allow the developer to save trees. Require a sidewalk on one side of the 28-foot wide street. Additional landscaping be required surrounding the storm water management pond in Outlot G. 3. The Parks and Recreation Division recommends a trail be installed between Lots 1 and 2, Block 2 within the 20-foot wide drainage and utility easements. Council Minutes (Regular) November 19,2001 Page 5 4. The developer address comments from the Heritage Preservation Commission involving the identification and protection of the Presbyterian Cemetery. This is not part of the plat, but borders the north end of the plat. The developer is being asked to identify the property corners and establish some type of perimeter protection around the cemetery. 5. The developer complete a tree inventory and submit a tree preservation plan to be reviewed by the Planning Commission and approved by City Planning staff. The developer is proposing one cul-de-sac measured at 1,410 feet from Akin Road to the Hansen property. The Planning Commission approved a variance for 910 feet for the cul-de-sac due to the surrounding environmental features. The standard measurement for a cul-de-sac is 510 feet. Fire Chief Ken Kuchera reviewed the preliminary plat for public safety and forwarded the following comments: 1. The diameter of the cul-de-sac turn around needs to be 100 feet in order to allow appropriate turning radius for fire apparatus. 2. The proposed center island within the cul-de-sac presents an obstacle to turn around, elimination of the center island is strongly encouraged. 3. The proposed 30-foot back-to back roadway is too narrow to maneuver, especially ifparking is allowed on one side of the street. Recommended restricting on-street parking if width remains at 30 feet, or increase the road width to 34 feet. 4. Hydrant coverage is not met between the first and second hydrants. The plat was also reviewed by the Heritage Preservation Commission because the plat abutted an abandoned cemetery that was potentially a heritage landmark site. Comments are as follows: 1. Cemeteries are deemed eligible for designation as Farmington Heritage Landmarks. 2. Determine ownership of the cemetery. 3. The developer should provide public access to the cemetery in the form of a dedicated trailway or easement. 4. Develop a preservation plan for the cemetery site and require the developer to stake the property comers and establish appropriate fencing for protection of the property. The MN DNR has requested the road be narrowed to reduce the amount of impervious surface that could impact the wetland. Regarding stormwater runoff, they would like to limit the amount of curbing and have water run naturally to the wetland. Following are the contingencies for the Middle Creek Estates Preliminary Plat: Council Minutes (Regular) November 19,2001 Page 6 1. The developer continue discussion with both the City and private property owner to realign the private drive of the existing home located to the north of the proposed intersection off of Akin Road in order to avoid conflict with a proposed turn lane. 2. A conservation Easement be dedicated to protect the vegetation. 3. A trail be installed between Lots 1 and 2, Block 2 within the 20-foot wide drainage and utility easement. 4. The developer re-survey the cemetery site to ensure no additional markers lie outside the property and to identify the cemetery's property comers. 5. Complete a tree inventory of the site from house pad to house pad to be reviewed by the Planning Commission and approved by City staff. 6. Complete wetland impact mitigation application. Mayor Ristow stated he is not in favor of the plat. He would like the issues resolved and brought back to Council. The biggest concern is the verbal agreement, he would like to see it in writing. The wetland mitigation is another big concern. As far as public safety, he would like to see the Fire Chiefs recommendations met. Regarding the tree inventory, he would like to see which trees will stay. Councilmember Strachan asked what signage would be at the entrance due to such a long cul-de-sac. Staff replied a dead end or no outlet sign. Regarding the cemetery, he agrees with the developer as far as a fence not being the developer's expense. However, the cemetery is in the picture because of the development. He would like something that marks where it is, at least at the four corners. He would also like buyers to be aware the cemetery is there. He would only approve the landscape island if there were no parking at all. He is glad to see a development with executive homes. Councilmember Soderberg stated his biggest issue is the verbal access agreement. He would like this resolved before moving forward. The long cul-de-sac and fire truck access is also a concern. He can see where the terrain and features almost necessitate a cul-de-sac. However, if two fire trucks meet with cars parked on the street, there will be a problem. Planning Coordinator Smick stated the reasons for the width of28 feet for the cul-de-sac was to try and narrow the pavement and also maintain the trees as much as possible. So there is a balancing act between maintaining trees and fire access. Councilmember Verch stated ifhe bought a $500,000 house, he would want to be able to park in front of his house. He also agreed the issues should be resolved and brought back. Mr. Larry Frank, Arcon Development, stated regarding the grading they are trying to tie with existing grade as much as possible. They will do custom grading for each lot to preserve trees. Council Minutes (Regular) November 19,2001 Page 7 Mayor Ristow stated Council has a right to approve or deny the cul-de-sac. If three of us are not in favor of the cul-de-sac that puts the development at a stand still. Councilmembers Soderberg and Strachan stated if the other issues could be worked out, they would approve the cul-de-sac. Mr. Larry Frank stated the access issue is an uncomfortable situation. The City has to make the decision that the Haley's driveway can no longer go onto Akin Road. The Haley's like the land swap deal. They are not too excited about changing their driveway. The City has to say their driveway has to be relocated. Mayor Ristow asked why the City has to say that. Mr. Frank replied the developer does not own their property. This has nothing to do with the swap. This is only to relocate their driveway to come into the development's road. Councilmember Soderberg stated he is concerned with the land swap. If they are giving you a wider right-of-way for the street, the Haley's have to understand the driveway will be relocated so it does not go into the middle of a turn lane. As far as the cemetery, Mr. Frank stated they will survey the cemetery and put in permanent posts. He did not want to put a fence in. Mayor Ristow stated he would like to see the fence installed. Mr. Frank felt it was not their responsibility. Mayor Ristow stated they are causing the area to have more access. Mr. Frank stated there will be no access from their lots to the cemetery. They have already spent $6,000 surveying the cemetery. It does not add value to the property, they did not buy the cemetery, but they will survey it again. MOTION by Soderberg, second by Verch to table this item until the December 17,2001 Council meeting. APIF, MOTION CARRIED. d) Consider Resolution - ISD 192 Schoolhouse Addition Development Contract - Engineering The Development Contract for ISD 192 Schoolhouse Addition was presented to Council. Following are conditions of approval: 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 within 75 days after City Council approval of the final plat. MOTION by Strachan, second by Soderberg adopting RESOLUTION RI03-01 approving the execution of the ISD 192 Schoolhouse Addition Development Contract and authorizing its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. e) Empire Treatment Plant Expansion -Administration A meeting regarding the proposed expansion of the Empire Wastewater Treatment Plant will be held November 20, 2001. City Engineer Lee Mann will attend. Council Minutes (Regular) November 19,2001 Page 8 f) Set Workshop Date - Recreational Vehicle Parking in Residential Zones - Community Development At the October 1, 2001 Council meeting a group of citizens addressed the Council requesting their consideration of an ordinance that would restrict the number of trailers and/or recreational vehicles stored on a residential lot. The City Council directed staff to schedule a Joint Workshop with the Planning Commission to discuss this issue. It was decided to hold the workshop on February 20, 2002 at 5:00 p.m. or 7:00 p.m. with the Traffic Calming Workshop. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council member Strachan: The ISD 192 Planning Task Force has met four times. They have discussed concepts regarding a new high school, and adding to the current high school. Councilmember Verch: review the situation. The striping on Akin Road is bad at night. Staff will 14. ADJOURN MOTION by Strachan, second by Soderberg to adjourn at 9:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, /; <-/7 ////? , ?/__~;;'ci~ 777 <-<<::.~ Cynthia Muller Executive Assistant