HomeMy WebLinkAbout04.19.99 Council Minutes
COUNCIL MINUTES
REGULAR
April 19, 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, Verch
Strachan
City Administrator Erar, Attorney Joel Jamnik, City Management
Team
4. APPROVEAGENDA
MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
Mr. Erling Kindem, 1014 3rd Street, made several comments regarding junk being stored
in his neighbor's yard. Staff will follow-up.
7. CONSENT AGENDA
Council Minutes of AprilS, 1999 were pulled as Councilmember Verch wanted to
abstain as he was absent from that meeting.
a) MOTION by Soderberg, second by Cordes to approve Council Minutes (4/5/99)
(Regular). Voting for: Ristow, Cordes, Soderberg. Abstain: Verch
MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows:
b) Adopted RESOLUTION R38-99 accepting grant - Senior Center
c) Adopted RESOLUTION R39-99 accepting donation from Dakota Electric
d) Authorized RFP for Audio Visual Services
e) Approved agreements for Clean Up Day
t) Received school and conference information - Fire Department
g) Received Deer Meadows project update
h) Received first quarter building permit report
i) Approved bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
9. AWARD OF CONTRACT
Council Minutes (Regular)
Aprill9, 1999
Page 2
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Review of Housing Tax Credit Applications
The Tax Credit program provides a reduction in federal income tax liability to
owners of and investors in low income rental housing developments through the
allocation of certain Tax Credits to such owners. Dakota County HRA has been
designated as a sub-allocator and has been authorized to allocate $352,071 in
1999. Sherman and Associates Inc of Minneapolis is proposing to develop a 16-
unit townhome project on the portion of the East Farmington PUD located at the
corner of Larch Street and the newly aligned TH 3 frontage road south of Budget
Mart. Rent would be $722 per month plus an additional $68 utility allowance to
be paid by the renter. Mr. Jim Deanovic and the Minnesota Attainable Housing
Corporation propose to form a limited partnership called Farmington Family
Housing to develop 28 rental townhome units on property located at TH 3 and
County Road 66. The proposed plan consists of seven, four-unit townhome
buildings clustered around a circular private court along the south side of County
Road 66. Rent for two-bedroom units would be $621 plus a $62 utility allowance
to be paid by the renter. The three-bedroom units would have rents at $711 with a
$79 utility allowance also paid by the renter. Representatives for both projects
were in attendance to answer questions. The City has committed to promoting the
development of additional rental housing as part of its previously adopted goals
under the Livable Communities Act. Council authorized the submittal of a letter
citing general concerns and overall support of affordable rental housing as
proposed at the East Farmington site and the Trunk Highway 3 and County Road
66 site.
b) 1999 LMC Annual Conference Attendance
The annual League of MN Cities Conference is scheduled to be held in Rochester
from June 15-18, 1999. Council should notify staff if they Wish to attend.
c) Adopt Resolution - Accept MnDOT Grant for Senior Center Van
MnDOT has awarded a grant to the Senior Center for a new Senior Van. This van
will be shared by the City and DARTS. MOTION by Cordes, second by Verch
to adopt RESOLUTION R40-99 accepting the MnDOT grant for the new Senior
Center van. APIF, MOTION CARRIED.
d) Adopt Resolution - Preliminary and Final Plat - Oak Place Townhomes
Mr. Colin Garvey and Mr. Pete E1vestad of Farmington Development Corporation
are seeking preliminary and final plat approval of Oak Place, a six-unit townhome
development located within the 100 block of Oak Street. Two minor issues
remain concerning the plat, one is concerning the labeling of the drainage and
utility easement, the other concerns additional trees be planted between the
townhome units and the railroad. The Planning Commission held a public
hearing on March 9, 1999 and forwarded a recommendation to approve the
preliminary and final plat to the City Council. MOTION by Soderberg, second
by Cordes to adopt RESOLUTION R41-99 approving the preliminary and final
plats for the Oak Place Townhomes contingent on resolution of the landscaping
and easement issues as described. APIF, MOTION CARRIED.
Council Minutes (Regular)
April 19, 1999
Page 3
e) Adopt Resolution - Oak Place Townhomes Development Contract
(Supplemental)
The Development Contract for Oak Place T ownhomes has been drafted in
accordance with the approval and conditions placed on the approval of the
Preliminary and Final Plat. The Planning Commission recommended approval of
the Oak Place Townhomes Preliminary and Final Plat on March 9, 1999 subject to
the resolution of all comments from the Engineering Division. The City received
revised plans from the Developer's engineer and it appears as though issues have
been adequately addressed. The Developer expressed objections to the City
regarding several of the proposed charges contained in the Development Contract.
These include the Surface Water Management Fee, Sewer and Water Trunk Area
Charges and the Water Treatment Plant fee and Park Dedication fees. The
Developer feels since this area was previously platted and previously contained
single-family dwellings, that the area should not be subject to these fees as part of
the re-platting and redevelopment of the area. It has been the City's practice to
charge these types of fees in areas that are being redeveloped. The rationale for
this position is that if a property has not been charged an area or trunk charge
previously, then it is appropriate to charge these fees when a property is being
redeveloped.
Mr. Colin Garvey, Developer, had a question on the storm sewer charge. He
wanted to know, if he is required to update the catch basin in the back, aren't the
fees paid quarterly on the lots? Staff stated the storm sewer is required to handle
the drainage his development is creating. There is a difference between the cost
charged to homeowners on a quarterly basis and the trunk fees. The trunk fees are
for the overall development of the storm sewer or storm water management
throughout the City. The fees charged on a quarterly basis are for the
maintenance of that facility. By installing the catch basin it allows the developer
to meet several City standards for storm water design as well as solve significant
erosion problems. Mr. Garvey is asking if he should get some type of
reimbursement or credit for installing the catch basins against the surface water
management fee. The answer is no, the surface water management fee pays for
the overall storm sewer system in the City. The improvements Mr. Garvey is
putting in are for the benefit of the property. Mr. Garvey stated he was told by
staff to move the catch basin in order to widen the corner for the City garbage
trucks. Staff replied that is not a benefit, that is for the purpose of transportation
of those vehicles. Plows and garbage trucks need to go through the alley in order
to serve properties adjacent to the alley. Right now, the trucks tear up the turf and
the drainage causes erosion. If the project is not done to City standards, then the
City has to take steps to recover that. MOTION by Cordes, second by Soderberg
to adopt RESOLUTION R42-99 authorizing the signing of the Development
Contract contingent upon conditions and approval by the Engineering Division.
APIF, MOTION CARRIED.
Councilmember Strachan arrived at 8:20 p.m.
Council Minutes (Regular)
April 19, 1999
Page 4
f) Adopt Resolution - Preliminary and Final Plat - East Farmington 6th
Addition
Sienna Corporation is seeking Preliminary and Final Plat approval for the East
Farmington 6th Addition plat. The plat includes 76 single-family lots. MOTION
by Soderberg, second by Cordes to adopt RESOLUTION R43-99 approving the
preliminary and final plats for the East Farmington 6th Addition. APIF,
MOTION CARRIED.
g)
Adopt Resolution - East Farmington 6th Addition Development Contract
The Development Contract for East Farmington 6th Addition has been drafted in
accordance with the approval and conditions placed on the approval of the
Preliminary and Final Plat. MOTION by Cordes, second by Verch to adopt
RESOLUTION R44-99 approving execution of the Development Contract and
authorizing its signing. APIF, MOTION CARRIED.
h)
Adopt Resolution- Comprehensive Plan Amendment and Adopt Ordinance
Rezoning County Road 72 Properties
The City has initiated an amendment to the Comprehensive Plan for the properties
from Agriculture to Low Density Residential and then to rezone the properties
from A-I (Agriculture) to R-l (Low Density Residential). The purpose of the
rezone is a prerequisite of the Metropolitan Council to extend City services to
properly zoned properties. City sanitary services will be extended to the
properties during the reconstruction of County Road 72, residents are currently
connected to City water service. MOTION by Strachan, second by Cordes to
adopt RESOLUTION R45-99 amending the Comprehensive Plan of subject
properties from Agriculture to Low Density Residential subject to Metropolitan
Council approval. APIF, MOTION CARRIED. MOTION by Cordes, second
by Soderberg to adopt ORDINANCE 099-428 rezoning subject properties from
A-I (Agriculture) to R-l (Low Density Residential) subject to Metropolitan
Council approval of the Comprehensive Plan Amendment. APIF, MOTION
CARRIED.
11. UNFINISHED BUSINESS
a) Adopt Resolution - County Road 72 Project
The plans and specifications have been prepared for the County Road 72 project.
At the public hearing on the project, Council directed staff to include the bike
path on the north side of the road as an alternate in the project proposal. At the
neighborhood meeting, the residents stated they did not want the bike path on the
north side of County Road 72. During the design of the project, the issue of
future development to the east of the Prairie Waterway was taken into
consideration in the design of the sanitary sewer. It has been determined that by
keeping the sanitary sewer deep to the east of the existing trunk sewer line and
installing a larger pipe, approximately 100-200 acres of future development could
be served to the east of the Prairie Waterway. The design of the road will include
a "L" intersection at the east end of County Road 72 by the Prairie Waterway,
thus eliminating the existing curve. Staff is continuing to coordinate with Trinity
Hospital regarding the possible reconfiguration of the Hospital's access to County
Road 72. The final resolution with the Hospital will be incorporated into the
Council Minutes (Regular)
April 19, 1999
Page 5
plans. The estimated total project cost (excluding the trunk sanitary sewer) is
$1,474,200. The County would be willing to participate in the costs of the
improvements as outlined in their Transportation Policy as part of a turn back
agreement with the City. The total estimated project costs associated with the
trunk sanitary sewer is $44,800. The watermain cost is $20,000. MOTION by
Cordes, second by Soderberg to adopt RESOLUTION R46-99 approving the
plans and specifications for the County Road 72 project and authorizing the
advertisement for bids with removal of the bike path. APIF, MOTION
CARRIED.
b) Adopt Resolution - Prairie Creek Storm Sewer Upgrade Project
The plans and specifications have been prepared for the Prairie Creek Storm
Sewer Upgrade project. The improvements proposed would improve areas with
poor drainage and bring the storm sewer system up to City standards. The
feasibility report identified optional improvements in the 4th Addition. Staff
recommends that the optional improvements not be included in the project. The
homes surrounding the ponds in this area have adequate flood protection as
required by the City's Surface Water Management Plan and the storm sewer
system in this area does meet the City's minimum design standards.
Mr. Todd Bowe, 18650 Easton Avenue, has been in contact with staff regarding
drainage in his backyard. The options for resolving the situation depend on
negotiations with the developer for the property to the east. Therefore, Mr.
Bowels situation is not part of this project. The City Attorney will draft a letter to
the developer.
MOTION by Soderberg, second by Cordes to adopt RESOLUTION R47-99
ordering the project, approving the plans and specifications and authorizing the
advertisement for bids for the Prairie Creek Storm Sewer Upgrade project. APIF,
MOTION CARRIED.
12. NEW BUSINESS
a) Review of Chapter 1306 Uniform Building Code
The City Council adopted an ordinance in May of 1996 entitled Minnesota Rule
1306 which specifies requirements for the installation of special fire protection
systems in new, or expanded buildings containing 2000 square feet or more of
certain types of occupancy. A Council Workshop was scheduled for Tuesday,
May 11, 1999 to discuss the issue further.
13. COUNCIL ROUNDTABLE
Councilmember Strachan: There will be an ALF Board meeting on April 27, 1999.
Councilmember Soderberg: A citizen asked if she parked in the 2nd Street parking lot at
3 a.m. (when she comes to work) if her car would be ticketed. The signs say no parking 2
a.m. - 5 a.m. He would like staff to look at the downtown parking to accommodate these
citizens and suggested a sign stating no overnight parking. The Mayor stated we try to be
consistent throughout the downtown for snow plowing. Staff stated this is an opportunity
Council Minutes (Regular)
April 19, 1999
Page 6
to research various zones and po stings throughout the downtown area. Council can then
make an informed decision.
Councilmember Cordes: The Chamber of Commerce is working on developing a
new Farmington brochure.
Councilmember Verch: A resident in Hill Dee contacted him regarding fish houses
on a resident's property. Is there an ordinance for this? In another case, there are cars
with expired tabs in the driveway. He feels enforcing ordinances should become a high
priority. Staff replied the ordinances are reactive in nature. Regarding the house at 300
1 st Street, Councilmember Verch asked what the situation is with the property. Staff
replied the owner brought plans to the Planning Commission to remove the structure and
put another house on the site.
City Administrator Erar: The Mayor received complaints regarding work on the train
tracks. The railroad will contact the on-site supervisor. If the mud is not cleaned up, the
City will clean the road and charge the railroad. Regarding inappropriate conduct, the
supervisor will talk with the crew. The workers will delay their start time on Sunday
morning to 8 a.m. as opposed to 6 a.m. He reminded Council of the Goal Setting
Workshop on April 24, 1999.
Community Development
Director Olson: Staff received a plan for Charleswood showing a proposed
monument type sign for the entrance to the development. Copies were distributed to
Council.
City Engineer Mann:
ordinance.
He discussed the enforcement of the erosion control
Mayor Ristow: He received a couple requests from residents which he
distributed to Council for their input. He received an invitation to the Arts Council which
he will try to attend. He will be attending the volunteer recognition dinner at the Senior
Center.
14. ADJOURN
Council went into Executive Session at 9:45 p.m. Executive Session adjourned at 10:30
p.m.
Respectfully submitted,
fi <~;' . /-r/
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~ia Muller
Executive Assistant