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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/ (~ ~~.~ 7~7~J ~ia Muller Executive Assistant