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HomeMy WebLinkAbout04.05.99 Council Minutes COUNCIL MINUTES REGULAR April 5, 1999 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 Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE AGENDA MOTION by Strachan, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Open Board of Equalization Meeting The Board of Equalization Meeting was opened by Mr. Bill Peterson, County Assessor. Seven property owners attended. Four properties will be reviewed. MOTION by Cordes, second by Soderberg to close Board of Equalization Meeting. APIF, MOTION CARRIED. b) Staff Introduction - Parks and Recreation Mr. Don Johnston was introduced as a new employee in Parks and Recreation and Solid Waste Departments. c) Staff Introduction - Police Department d) Swearing In - Police Department Nicole Sack was sworn in as a new Farmington Police Officer. The City Administrator administered the Oath of Office. e) Approve Proclamation Proclaiming Arbor Day/Month The Mayor signed a Proclamation proclaiming April 30, 1999 as Arbor Day in Farmington and Mayas Arbor month. t) Receive Tree City USA Designation Farmington has been selected as a Tree City USA recipient. Council Minutes (Regular) April 5, 1999 Page 2 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Soderberg, second by Strachan to approve the Consent Agenda as follows: a) Approved Council Minutes (3/15/99) (Regular) b) Received School and Conference information - Administration c) Received School and Conference information - Parks and Recreation d) Received School and Conference information - Police Department e) Approved Capital Outlay - Fire Hall Roof f) Approved Capital Outlay - Fire Department g) Adopted RESOLUTIONS R28-99 and R29-99 accepting labor negotiations settlement - AFSCME h) Adopted RESOLUTION R30-99 accepting donations - Senior Center i) Adopted RESOLUTION R31-99 accepting repeal of state sales tax on local govemmentpurchases j) Received Customer Service Satisfaction Report k) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Downtown Streets cape Project The proposed project area includes 3rd Street (between Elm and Spruce Street), Oak Street (between 2nd and 4th Street) and the sidewalk connection between 2nd and 3rd Street. The original scope of the proposed project includes removing and replacing the sidewalk, trees and streetlights in the project area. The option of including neckouts at the intersection of Oak and 3rd was also presented for consideration by the Council. The installation of the City logo in the intersection is another option for Council consideration. At a neighborhood meeting, there was general support for the project from the property owners. There were four main areas of discussion which included pavers, neckouts, trees, and amenities. The total estimated project cost for Option 2 (50% pavers and 50% concrete), including the 2nd Street sidewalk connection, the neckouts and logo option, is $864,500. According to the City's Special Assessment Policy, 35% of the project costs would be assessed against the benefiting properties, and the remaining 65% of the project costs would be funded by the City. Mr. Pat Hansen, 5037 Upper 182nd Street, stated he felt the downtown shops do not require a lot of shopping, other than running in and out. He does not see the need for neckouts and does not see a lot of pedestrian traffic. The downtown businesses will have to pay for this project and he stated he does not see where they will get the money, especially the City, as it is the taxpayer's money the City is using. He does not feel it is necessary to spend the money, as there are trees and benches there now. Council Minutes (Regular) April 5, 1999 Page 3 Mr. Carrol Westenberg, Farmington Bakery, stated if the stop sign is located behind the neckout, cars will still have to stop behind the neckout. Can the crosswalk and the stop sign be at the end of the neckout to have a better view? Staff replied the drawing is a concept drawing and this issue will be reviewed. Ms. Kris Akin, 302 Oak Street, Welcome Friends, stated she is not sold on the neckouts, but understands the reason for them. She will go along with the neckouts as long as no parking spaces are lost and they are maintained and kept clean. She stated she did not know who would be responsible for maintenance, if it would be the adjacent property owner or the Parks Department. She does not want to see the money put into the project and not have it maintained. She is also concerned about semi's trying to turn the corner and driving over the neckouts and taking the trash cans and park benches with them. The Mayor replied as stated in the City ordinance, maintenance is up to the adjacent property owner. Mr. Pat Hanson, 5037 Upper 182nd Street, asked if the property owners wanted this. The Mayor replied it has been requested. MOTION by Strachan, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg to proceed with Option 2. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to include the sidewalk connection to 2nd Street. APIF, MOTION CARRIED. Councilmember Strachan stated he is not 100% on neckouts and if neckouts are included, the loss of parking spaces does need to be considered. However, he felt the neckouts would be a nice amenity. The Mayor stated the neckouts would be inviting to people and also improve the visibility issue for traffic. Staff stated Council is authorizing the ordering of the project, not for the work to begin. The neckouts and logo option could be identified as an alternate and could be taken out of the project. There are some concerns with the maintenance of the logo and this issue is being reviewed. Councilmember Cordes stated she would not like to see the loss of parking spaces and is concerned about truck traffic. MOTION by Soderberg, second by Strachan to consider the neckouts and logo option. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R32-99, ordering the project and authorizing staff to prepare plans and specifications. APIF, MOTION CARRIED. b) Adopt Resolution - Downtown Sanitary Sewer Sliplining Project The Council accepted the feasibility report for this project at the February 16, 1999 City Council meeting. The project consists of rehabilitating the existing clay sewer pipes on Third Street between Spruce and Elm and on Oak Street between Second and Fourth. The total estimated project cost is $194,000. Under the City's Special Assessment policy, 35% of the costs are assessed to the benefiting properties and the City funds the remaining 65% of the costs. The benefiting properties' share of the costs is $67,900. The City's share of the costs is $126,000 and would be funded through the Sanitary Sewer fund. The benefiting Council Minutes (Regular) April 5, 1999 Page 4 properties would pay for the improvements based on relative lot size, which relates to each individual property's potential for discharge to the sewer system. The project will begin in July and should be completed the end of October. Mr. Don Feely, 2nd and Oak Street, asked ifno benefit is derived from the project, is the owner still assessed? City Attorney Jamnik replied assessment can be justified on availability even if there is not an immediate connection. The Mayor asked if the property will not be built on and the connection will not be used, is the assessment deferred? Attorney Jamnik replied that is an option. That would be determined at the assessment hearing. Mr. Carrol Westenberg, Farmington Bakery, asked ifit was a 15 year assessment. Staff replied it was for 15 years. MOTION by Soderberg, second by Strachan to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Cordes ordering the project and authorizing staff to prepare plans and specifications. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Adopt Resolution - 1999 Seal Coat Project Four bids were received for the 1999 Seal Coat Project. Allied Blacktop Company has submitted the low bid in the amount of $44,90 1. Streets in Deer Meadows I st Addition and Deer Meadows 2nd Addition will all be seal coated for the first time. Dakota County Estates I st Addition and several downtown streets and parking lots have not been seal coated in over seven years and are proposed to be included in the project this year. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The total estimated project cost is $62,800. The benefiting property owners would be assessed 50% of the project costs not to exceed $60.48 per residential unit. Councilmember Soderberg mentioned there was a question about the seal coat not taking on Spruce Street. Is there a provision to make sure it does take? Staff replied there will be inspectors to make sure the seal coat is laid properly, there will be a final inspection, and a warranty. MOTION by Soderberg, second by Cordes adopting RESOLUTION R34-99 accepting the base bid of Allied Blacktop Company for $44,901 and awarding the project, and directing staff to prepare the proposed final assessment roll. APIF, MOTION CARRIED. Council Minutes (Regular) April 5, 1999 Page 5 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Snowmobiling Concerns - Mr. Dale Pettet Staffhas received a request from a resident to restrict all motor vehicles, including snowmobiles, from any lake or pond in the City. The Mayor stated the current ordinance is banning all and allowing one. He felt we need to be consistent with all vehicles. Councilmember Strachan suggested contacting the Sno Tigers to get their opinion. Staff stated when initiated a few years ago, Lake Julia was in question. The lake is now surrounded by homes and there have been questions about snowmobiles operating on that pond and the noise. Councilmember Cordes stated Council is prohibiting snowmobiles from City owned lakes and ponds, so land surrounding the lakes is considered either park property or City property, correct? Staff replied most lakes have a 16 foot park property surrounding it. Councilmember Cordes stated so snowmobiles have to cross park property to get to the lakes. Staff replied the ordinance allows the use of park land where designated. Staff suggested bringing the ordinance amendment to the May 3, 1999 Council Meeting to enable the Sno Tigers to respond. MOTION by Strachan, second by Ristow to authorize the preparation of an amendment to Chapter 6-9-9 of the City Code to eliminate the exception for the operation of snowmobiles on lakes and ponds. APIF, MOTION CARRIED. Councilmember Soderberg stated the exception of snowmobiles will be stricken from the ordinance. Will that prohibit electric trolling motors? Staff replied an electric motor would still constitute a motorized vehicle. Farmington's process to amend an ordinance is upon receipt of a complaint. Councilmember Soderberg stated he has no objection to restricting snowmobiles. Until a complaint is received, he sees no problem allowing electric motors. Since the ordinance is being amended, he would also like to amend the ordinance to allow electric motors. Staff suggested the Park and Recreation Commission should be given an opportunity to respond as this amendment has not been brought to the Commission. MOTION by Soderberg, second by Strachan to have the Park and Recreation Commission consider amending the ordinance to allow the use of electric motors on City lakes and ponds. APIF, MOTION CARRIED. b) Adopt Resolution - Approval of Submittal of 2020 Comprehensive Plan Update The final draft of the 2020 Farmington Comprehensive Plan Update was presented for Council's comments and recommendations. Staffwill submit the Comprehensive Plan to the Met Council on June 30, 1999. MOTION by Cordes, second by Strachan to accept the 2020 Farmington Comprehensive Plan Update and direct the City Administrator to distribute copies of the plan to adjacent jurisdictions for their review. APIF, MOTION CARRIED. c) Nelsen Hills 5th Addition Citizen Petition The City has received a citizen petition from several residents in the Nelsen Hills 5th Addition. The concerns expressed in the petition are regarding the water levels in the pond behind the resident's homes. City staff will be contacting the Council Minutes (Regular) AprilS, 1999 Page 6 residents and the developer to set up a meeting to fully determine the scope of the residents concerns. d) MnDOT Municipal Program - Trunk Hwy 3 and Willow Street Improvements The City has applied for MnDOT funding of improvements to the east frontage road of Trunk Highway 3 at Willow Street. The state has agreed to fund $75,000 of the project costs and $6,000 of the construction engineering and inspection costs. In return, the City will need to accept the turnback of the frontage road. The feasibility report for this project is scheduled to be brought before the Council at the April 19, 1999 meeting. e) Accept Resignation - Planning Commission Mr. Rob Schwing, whose seat on the Planning Commission does not expire until January 31, 2000, has resigned effective March 16, 1999. The vacancy will be advertised and a Special Council Meeting will be set for May 3, 1999 for the purpose of interviewing candidates. 11. UNFINISHED BUSINESS a) Approve Joint Powers Agreement - Castle Rock Township At the March 10, 1999 joint project sub-committee meeting with Castle Rock Township representatives, substantial agreement was reached concerning the approval of the draft Joint Powers Agreement presented to Council on January 19, 1999. The Agreement will authorize the commission of a new feasibility study for the reconstruction of Ash Street and construction of Phase III of the Prairie Waterway. It is staffs understanding that Committee members Cordes and Soderberg support the JP A as amended and recommend full Council adoption. Township representatives indicated their support for the JP A as amended and stated that they would bring the agreement back to their full Board on March 23, 1999 for approval. Councilmember Cordes stated both boards agreed to bring the agreement back to their respective boards for approval. She had a meeting with Mr. Angus to discuss the Southeast side of Highway 50. Mr. Angus suggested bringing the issue to Council to provide that side with services, however that portion of the highway should remain in the township for 20 years. After 20 years they would be annexed to the City of Farmington. Councilmember Cordes stated she would bring that to the Council. She would like to see the project done, but could not guarantee anything. Councilmember Soderberg stated at the March 10, 1999 meeting they discussed the JP A and the issue that was brought up was the split of the cost of the feasibility study. They also discussed the properties on the East side of H wy 3, and that where they remain is premature, until a feasibility study is done. Councilmember Cordes stated it is her understanding Castle Rock would like to get the scope of the project down before they enter into a JPA. Castle Rock feels Council Minutes (Regular) AprilS, 1999 Page 7 the areas need to be discussed before they can authorize the spending of the money for a feasibility study. Mr. Alyn Angus stated when looking at the money being spent on the feasibility study, Castle Rock will share the cost 50-50 with the City. Two questions came up, why not resolve these before signing the JP A and authorizing expenditures. As it states in the agreement, if either party decides not to go ahead with the project, then they are responsible for all of the costs incurred. His concern is similar to Councilmember Soderberg's concern that it does not make sense not to put in the sanitary sewer line when doing this project. Mr. Angus agrees the sewer line should be put in. He feels if a trunk sewer line were installed to hook up the residents on the South side of Hwy 50 in Castle Rock, they would share the cost with more people. Also the Met Council is concerned the Prairie Waterway may cause problems with the septic systems that are existing. Castle Rock would be responsible for this. Would the City take over the responsibility or would we share that, or would we run sanitary sewer to them? He feels these issues need to be resolved before the JP A is signed. Also, Castle Rock wants some assurance that once this project is done, there will not be forced annexation of the property. He feels these issues need to be resolved, otherwise Castle Rock is ready to go ahead with the feasibility study. The Mayor asked if the Board is ready to decide, or if they would have a Hearing and let the people decide? Mr. Angus replied the Board is ready to decide. Councilmember Strachan asked what is the reason for the 20-year residency? Mr. Angus replied, Castle Rock is asking for some protection if they are going to go ahead with the project, they do not want that property forcibly annexed. If any property owner wants to be annexed, Castle Rock will let them. Castle Rock does not want to see any forced annexation take place for 20 years. The Mayor stated, but yet you want them to be hooked up for those 20 years? Mr. Angus stated if the trunk sewer line is in there and they want to be hooked up, let them. Councilmember Strachan stated if those property owners want to hook up, the City's answer will be then annex to the City. Mr. Angus wants them left in the township for 20 years, while being hooked up to the sewer line, and the owners would pay the fees. Councilmember Strachan stated the City cannot force them to pay the fees if they are not in the City. Mr. Angus stated Castle Rock would guarantee the fees. The Mayor stated that would be against Council Policy. Staff replied it is also against City Code. In terms of the provision of sanitary sewer, it would be extremely difficult for the City to exert any pressure on the owners if connected to the sewer system that is beyond City boundaries. City Code makes it unlawful for any person not in the City to connect to the City sewer system. City Attorney Jamnik stated the code would have to be changed first, which would change 30 years of policy. He advised against both parties entering into a Council Minutes (Regular) AprilS, 1999 Page 8 20-year orderly annexation agreement. Councilmember Soderberg stated the County will not do the Ash Street reconstruction without the utilities in. Staff stated the City has no need aside from assisting those properties with failing septic systems, to install a sanitary sewer line along Ash Street. That is for the benefit of non-municipal properties. Councilmember Soderberg asked Mr. Angus about the Met Council concerns with septic systems failing if the Prairie Waterway and the ponding was done. Which systems did they identify as at risk? Mr. Angus replied it is the systems on the South side of Highway 50. Councilmember Soderberg asked how many of those properties have been identified as non-compliant. Mr. Angus replied 50%. The Mayor stated the JP A has been approved by the sub-committee at the March 10, 1999 meeting. Council needs to approve or reject it. Councilmember Cordes stated Council can sign the JP A, but unless a compromise is worked out, Castle Rock won't sign it and we are back to square one. Councilmember Strachan stated Council can sign the JPA and Mr. Angus and the Board can continue to discuss it. If the City agrees to this part, let's move forward. Staff stated Castle Rock wanted further information on costs relating to the feasibility study. Mr. Foertsch, Township Engineering Consultant, has been directed by the Board not to do anything more relative to providing costs. We only have the information from the City Engineer, even though the direction at the. sub-committee meeting was to provide the information. Councilmember Cordes stated Council can approve this, but send a letter to Castle Rock asking them to put their concerns in writing and discuss the issues at the sub-committee meeting. The Mayor stated there is a code and policy issue. Is the Board willing to deviate from the policy and the code? Councilmember Strachan felt Council should not deviate. Properties should not be served by municipal services without annexation. Councilmember Soderberg stated if properties are being served by municipal services, they should be in the City. Mr. Angus asked about forced annexation. Council has not indicated they would forcibly annex anyone. Hooking up to City services would be choosing to come into the City. The Mayor stated Council has not made adjustments in the past. Councilmember Cordes stated she told Mr. Angus she would be willing to explore all options, but the decision lies with the Council. She would like to see the project completed. MOTION by Soderberg, second by Cordes to approve the Joint Powers Agreement as presented. APIF, MOTION CARRIED. Staff stated the City Council has lived up to all obligations put before them since moving forward to this timeline. Council has satisfied all commitments made relative to moving forward with the project. At this point, the City is ready to go. Council Minutes (Regular) AprilS, 1999 Page 9 b) Adopt Resolution - Framework for Cooperative Project Efforts The Ash Street ReconstructionlPrairie Waterway III Project sub-committee met on March 10, 1999 to discuss issues relating to jointly authorizing a new project feasibility study. Councilmember Cordes stated this resolution gives a framework for the City and Castle Rock to work together. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R36-99 establishing a framework for cooperative efforts between the City of Farmington and Castle Rock Township relative to the reconstruction of Ash Street and construction of Phase III of the Prairie Waterway. APIF, MOTION CARRIED. c) Adopt Ordinance - Cable Franchise Agreement Staff received confirmation that Marcus Cable has accepted the terms and conditions for the renewal of the City's Cable Franchise Agreement. Mr. Tom Creighton and Mr. Rob Roeder made a presentation to Council relative to final terms and conditions of the agreement. MOTION by Strachan, second by Cordes to adopt ORDINANCE 099-427 granting a franchise to Marcus Cable Partners, a Delaware limited partnership, to construct, operate and maintain a cable system in the City of Farmington setting forth conditions accompanying the grant of the franchise providing for regulation and use of the system and the public rights-of- way, and prescribing penalties for the violation ofthe provisions herein. APIF, MOTION CARRIED. d) Adopt Resolution - Approving Transfer to Cable Ownership The City was notified in late 1998 by Marcus Cable that an ownership change was in the process of being negotiated with Mr. Paul Allen, owner of Vulcan Cable Company, Inc. Mr. Tom Creighton has reviewed the transfer of ownership document and found it does not violate any state or federal laws. MOTION by Cordes, second by Verch to adopt RESOLUTION 37-99 approving the conditional transfer of ownership interest from Marcus Cable Company to Vulcan Cable Company. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Train Whistle Blowing - Council Update The City Attorney suggested a Council member be appointed to the League of Minnesota Cities Railroad Task Force to replace former Councilmember Gamer. The Mayor will tentatively attend the meetings, or the City Administrator. An FRA representative will be contacted to be at the June 21, 1999 Council Meeting. Councilmember Strachan: At the ALF annual meeting he was informed an ambulance will be placed in Farmington from noon to 10 p.m. everyday starting next Spring. Councilmember Verch: He has received questions from citizens regarding parking off the pavement in the grass. Staff replied the ordinance is enforced by complaint. The citizens should contact the Police Department. Council Minutes (Regular) April 5, 1999 Page 10 City Attorney Jamnik: He has received three evaluations for the City Administrator's performance review, two are pending. Police Chief Siebenaler: Commended the Fire and Police Department members for their efforts in the missing person search. Mayor Ristow: He received a letter of appreciation from the Spruce apartments complimenting the Fire and Police Departments. The new name plates in the Council Chamber are courtesy of Mr. Dick Graelish. 14. ADJOURN Council went into Executive Session at 10:10 p.m. Executive Session adjourned at 10:35 p.m. Respectfully submitted, ;0/ .~;:- /"'r-?~~ .~Y-" -~ /' Cynthia Muller Executive Assistant