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HomeMy WebLinkAbout06.21.99 Council Minutes COUNCIL MINUTES REGULAR June 21,1999 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) Federal Railroad Administration - Presentation Representatives from the Federal Railroad Administration where in attendance to discuss whistle blowing i~sues. Currently when a community passes a ban on whistle blowing, it is up to the railroad whether to comply. The Federal Railroad Administration is developing an amendment to the Swift Rail Act, which will take into account communities' interest as far as a whistle ban. The amendment will be effective in 2001. Until that time, the Federal Railroad Administration cannot enforce whistle bans. Mr. Edward Nelson, 700 Main Street, asked if the railroad receives funds from the government. The representatives replied no, the railroad does not receive public funding for rail improvement. Mr. Will Rogers, Farmington resident, expressed his concern that the -Engineer can blow the whistle as loud as he wants and the railroad has no ruling over it. He also inquired as to why the amendment will take until 2001 to become effective. The representatives replied that the amendment has to go through Washington D.C. Mr. Rogers stated he has a problem with two trains, the 3:20 a.m. and 4:20 a.m. Mr. Bill Weierke, 18 Oak Street, inquired if the Police can enforce the whistle ban now. The representatives replied the Police can only enforce motorists at the crossings, they cannot fine the Engineer. Staff stated this was tried several years ago and the railroad would not comply. Council Minutes (Regular) June 21, 1999 Page 2 Staff stated Council did adopt an ordinance banning whistle blowing during certain hours, but the railroad replied citing the Federal Railroad Administration supported the right to blow the whistle. The representatives replied they cannot do very much until the amendment is enacted. Mr. Dick Graelish, 1020 3rd Street, stated he heard about a welded rail, where the trains would be able to go 60-70 mph. The representatives replied the community would be better off if the train did go faster. Motorists would not try to cross in front of the train and it would not take as long for the train to go through the crossmg. Ms. Cathy Busho, Mayor of Rosemount, stated this issue has also been discussed in Rosemount, and they would be willing to work with the railroad and Farmington to resolve the situation. The representatives offered to work with the City and the railroad to resolve these Issues. 6. CITIZEN COMMENTS Mr. Brad Beggs and Mr. Dale Buchholz, distributed a petition from Nelsen Hills ih Addition regarding speeding traffic on Everest Path. He stated one vehicle was going in excess of 60 mph. The residents would like to see stop signs and Children At Play signs. Two residents are in wheelchairs, and 90% of the homes have children five years old and younger. There is a bike path coming down the hill on Esquire Way and it is a blind corner. They would like a 3-way stop sign at that intersection. The speeding takes place mainly between 4 - 8 p.m., but also in the morning. Staff will investigate and respond. Mr. Jim Edwards, 18431 Everton Circle, Pine Ridge Forest, expressed his concerns about the quality of the development as far as grading. He has contacted the builder and the developer, but has received no response. His neighbors are also unhappy with the grading and swale work. If the City has a deadline of July 1 for work to be completed, he would like to see that deadline enforced. The Mayor asked if a Certificate of Occupancy should have taken care of this. Staff replied during the winter months, Certificates of Occupancy are issued. July 1 is a standard date for builders to do a final grade. A surety is placed on each house built. The City has the leverage to use this surety to complete the work. Mr. Edward Nelson, 700 Main Street, would like to have speed bumps installed on 7th Street between Hwy 50 and Main. If speed bumps do not slow the traffic, then he would like more Police patrols. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (6/7/99) (Regular) b) Approved capital outlay - Fire Department Council Minutes (Regular) June 21, 1999 Page 3 c) d) e) t) g) h) i) j) k) Approved capital outlay - Parks and Recreation Department Approved capital outlay - Liquor Operations Adopted RESOLUTION R59-99, accepting donation - Dakota Electric Association Approved Prairie Waterway Phase II project closeout Approved Joint Powers Agreement - fit testing equipment contribution Approved Minnesota Historical Society Grant Agreement Approved contract amendment RLK - Comprehensive Plan Tabled audio visual consultant proposal Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution - Approving Amendments TIF Districts 4,5,6,7,8,9,10,11 This public hearing was to consider amending Tax Increment Financing (TIF) Districts 4,5,6,7,8,9,10,11 to add up to one additional year of captured tax increment in each of these existing TIF districts. The change will allow for nine years of captured increment rather than the presently approved eight years. This will allow either the HRA or the developer, depending on the terms of the Development Contract, to receive reimbursement in an amount closer to the original amount estimated in the TIF Plan Budget for each district. MOTION by Cordes, second by Strachan to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R60-99, approving the proposed amendments to nF Districts 4,5,6,7,8,9,10,11. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Adopt Resolution - 1999 Downtown Streetscape and Sliplining Two bids were received for this project. The bids came in significantly higher than anticipated. Discussions with contractors during the bidding process and the receipt of only two bids for the project suggest that there is little competitive interest in this type of project at this time. Staff is recommending that Council reject all bids and that this project be re-bid in January/February 2000. MOTION by Strachan, second by Cordes to reject all bids. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS i) Resident Alley Paving Request (This item was moved ahead to accommodate the audience). Mr. Matt Fischer, 904 7th Street has requested that he be allowed to pave a portion of the alley abutting his property, as well as to the north to Beech Street at his cost. Assuming that the engineering details can be resolved, engineering staff does not see any reason to deny Mr. Fischer's request. The Mayor asked if the abutting properties are aware of tax increases due to improvement. Staff replied there are no assessments on the improvement, but the improvements could add additional value to the home. Staff suggests notifying the property owners of the Council Minutes (Regular) June 21, 1999 Page 4 project and that it could increase the value of their homes. Property owners will be notified upon Council approval of the project. MOTION by Strachan, second by Soderberg to approve the request pending notification of property owners and lack of negative feedback. APIF, MOTION CARRIED. a) Request to Revise Comprehensive Plan - Wenzel Property The City has received a request from Mr. Gary Fuchs, Attorney at Law, on behalf of Mr. and Mrs. Larry & Doneene Wenzel to re-designate three acres oftheir property to business on the 2020 Land Use Plan. In the February 1998 approval of the MUSA Expansion, this property showed approximately 11 acres of business along the west side of the newly aligned Pilot Knob Road expansion. However, during the Comprehensive Plan visioning sessions held in June of 1998, it became apparent that maintaining the downtown area was a high priority and extensive commercial areas located outside of the downtown business district could detract from the downtown revitalization goals set at the visioning sessions. The conceptual site plan shows high, medium and low-density designations along with a three acre business designation directly to the south of the City's proposed general maintenance facility. The residential areas generally comply with the 2020 Land Use Plan shown on the Wenzel property with the exception of the business use proposal. Staff recommended that the City Council refer this matter back to the Planning Commission for their review. MOTION by Soderberg, second by Cordes to refer the request back to the Planning Commission for their review and recommendation. APIF, MOTION CARRIED. b) Castle Rock Board Communication - Ash Street Sub-Committee Meeting The City has received a response from Castle Rock Township dated June 2, 1999 acknowledging Councilmembers' Cordes and Soderberg communication dated May 7, 1999. Staff has identified four issues that continue to be raised by the township as follows: 1) Township issue of a "20 year commitment of no forcible annexation." 2) Township issue of "a fair and equitable tax policy on voluntary or "hook-up" annexations." 3) Township issue of "maximum assessments and/or hook-up charges that Farmington agrees will not be exceeded under any circumstances." 4) The issue associated with jurisdictional cost-sharing for the feasibility study in the event that the project does not go forward has again been . raised by the township. The Township has indicated that they would be willing to attend another subcommittee meeting to further discuss these remaining issues. Council did not feel that another subcommittee meeting would resolve the issues. It was agreed to have a meeting with the full Council and full Township Board to finalize the situation. A letter will be sent to Castle Rock requesting a meeting date of July 20, 1999 at the Dakota County Extension Building. c) Sewer Utility Connection Request - Malinski Property Arcon Development has submitted a letter to the City outlining alternatives for providing sanitary sewer service to the Malinski property and requesting discussion with the City Council regarding the identified alternatives. The Malinski property is not currently developable because sewer is not available to Council Minutes (Regular) June 21, 1999 Page 5 the site. The alternatives identified by Arcon relating to the development of the Malinski property in regards to the sewer issue are as follows: 1) There is currently a City owned trunk sanitary sewer line running west to east approximately 150 feet north of the Malinski property through the property owned by Progress Land Company. In order to access this sewer line and allow for the development of the site, an easement will need to be obtained from Progress Land Company. 2) The second alternative is to allow Arcon to install a temporary lift station that would convey the flows to an existing accessible sewer line. 3) The third alternative would be for the developer to wait until the property to the north develops before the Malinski property develops. MOTION by Strachan, second by Soderberg to approve a temporary lift station. APIF, MOTION CARRIED. d) Adopt Resolution - Cameron Woods Development Contract The Cameron Woods Development Contract requires the following conditions to be agreed upon: 1) The Developer enters into the Development Contract; 2) The Developer provides the necessary security in accordance with the terms of the contract; 3) Outlots A, B, C and D shall be deeded to the City. MOTION by Strachan, second by Cordes to adopt RESOLUTION R61-99 authorizing signing of the Development Contract upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. e) Adopt Resolution - Nelsen Hills 7th Addition Preliminary and Final Plat Heritage Development proposes to develop 66 single-family lots on 23.03 acres for the 7th Addition of Nelsen Hills Farm. This is the final phase of the Nelsen Hills Farm PUD Development. This addition is located north of 190th Street, west of Everest Path, south of Nelsen Hills Farm 5th Addition and east of the Devney property. The parkland requirement has been met with the land acquisition of Daisy Knoll Park located northeast of the Nelsen Hills Farm ih Addition. The Planning Commission approved the Nelsen Hills ih Addition Preliminary and Final Plat on May 25, 1999 contingent on engineering requirements and the submittal of a landscape and street lighting plan. These plans have been received and approved by the Planning and Engineering Divisions. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R62-99 approving the Preliminary and Final Plat for Nelsen Hills Farm 7th Addition contingent on engineering requirements. APIF, MOTION CARRIED. 1) Adopt Resolution - Nelsen Hills 7th Addition Development Contract The Nelsen Hills ih Addition Development contract requires the following conditions to be agreed upon: 1) the Developer enters into the Development Contract; 2) the Developer provides the necessary security in accordance with the terms of the contract; 3) Outlot A shall be dedicated to the City. The Planning Commission recommended approval of the Nelsen Hills 7th Addition Preliminary and Final Plat on May 25, 1999. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R63-99 authorizing signing of the Development Contract Council Minutes (Regular) June 21, 1999 Page 6 upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. g) Adopt Ordinance - Lamperts Lumber Rezoning Lamperts Lumber is requesting to rezone Lot 3 in Block 16, from R-2 Medium- Density Residential to B-2 General Business in Lot 3. The owner proposes to expand the supply yard to the northwest into Lot 3 and this requires the rezoning of the lot to allow a supply yard as a conditional use in a B-2 zoning district. The property is located north of Lamperts Lumber along the south side of Oak Street. The following issues were addressed and approved by the Planning Commission: 1) Rezone Lot 3 of Block 16 from R-2 to B-2 and maintain the B-2 zone for Lots 1 and 2, Block 16; 2) Pave the parking lot along Spruce Street and provide landscaping in order to fulfill the requirements of the 1993 approval; 3) Screening shall be provided within the expansion area requiring slats to be installed within the proposed chain link fence; 4) Installation of landscaping along Oak Street at the north side of the property is required. MOTION by Strachan, second by Soderberg to adopt ORDINANCE 099-435, approving to rezone Lot 3, Block 16, from R-2 (Medium-Density Residential) to B-2 (General Business) contingent upon the approval of the 2020 Comprehensive Plan Update. APIF, MOTION CARRIED. h) Water Board Communication - Proposed Water Use Restrictions The Water Board is considering adopting water use restrictions. Water use restrictions have the effect of reducing the peak water demand during the summer season when water usage is at its highest. Water use restrictions can result in water conservation, which is a requirement of the City's Water Appropriation Permit that is granted by the DNR. There are two possible means with which to enact water use restrictions. The Water Board could adopt water use restrictions as a policy. Enforcement of the policy would be through penalties included as a surcharge on the water bill. The second alternative is the City Council could adopt water use restrictions as an ordinance, which could be ultimately enforced by criminal citation. Mr. Robert Shirley, from the Water Board, stated currently restrictions are enacted in emergency situations, and need to be re-enacted each year. Police Chief Siebenaler stated water usage becomes a public safety issue if there is not enough water to fill the fire hydrants. If this is approved as an ordinance, he requested Council give the Police authority to enforce it. Council directed staff to prepare an ordinance to restrict lawn watering only. 11. UNFINISHED BUSINESS Council Minutes (Regular) June 21, 1999 Page 7 12. NEW BUSINESS a) Adopt Resolution - Bond Sale - G.O. Improvement Bonds of 1999 The City Council authorized the sale of General Obligation Improvement Bonds of 1999 to fund the County Road 72 and Downtown Streetscape improvements. On the basis of the competitive bids received, the City Council approved the resolution awarding the sale of the $1,775,000 General Obligation Improvement Bonds of 1999 to US Banks/Piper Jaffray at a net interest rate of 5.00%. MOTION by Soderberg, second by Strachan to adopt RESOLUTION R64-99 awarding the bond sale. APIF, MOTION CARRIED. b) Adopt Resolution - Bond Sale - G.O. Equipment Certificates of 1999 The City Council authorized the sale of General Obligation Equipment Certificates of 1999 to fund the purchase of several budgeted Capital Equipment items. On the basis of competitive bids received, the City Council approved the resolution awarding the sale of the $490,000 General Obligation Equipment Certificates of 1999 to Dain Rauscher at a net interest rate of 4.66%. MOTION by Strachan, second by Cordes adopting RESOLUTION R65-99 awarding the bond sale. APIF, MOTION CARRIED. Councilmember Strachan left the meeting at 9:55 p.m. 13. COUNCIL ROUNDTABLE a) Citizen Request - Stop Sign Placement At the May 17, 1999 Council meeting, a resident request was forwarded to Council regarding the placement of stop signs at the intersection of Fairview Lane and Heritage Way. Staff is currently in the process of taking traffic counts at the subject intersection. The data from the traffic counts and a recommendation regarding the placement of stop signs at this intersection will be forwarded to Council at the next meeting. Councilmember Cordes: Inquired if a date was received from MnDOT as to when the posts will be placed along Hwy 3. Staff will contact MnDOT. City Attorney Jamnik: He received a phone call from Mr. Moench accepting the easement for a sewer line pending a resolution of personal legal proceedings. This will be brought back to Council for final approval. City Administrator Erar: Regarding the audio/visual item pulled from the Consent Agenda, staff will continue efforts to bring in a consultant and solicit additional proposals. Regarding the MnDOT response, staff has made many efforts to bring them to Farmington and will continue to try. Community Development Director Olson: A June 30 deadline had been schedule for submitting the Comprehensive Plan to the Met Council. Staff has recently received comments from Lakeville and Dakota County. These comments will be reviewed with the Planning Council Minutes (Regular) June 21, 1999 Page 8 Commission and brought back to Council July 19, 1999. Regarding 300 1 st Street, the owner will remove the house and put up a duplex unit. The owner has received Planning Commission approval for a conditional use and is'working on a set-back variance. Staff is recommending extending the deadline to July 13, 1999. The Castle Rock communications tower request was denied by the Township. Mayor Ristow: expansion seminar. On June 22, 1999 Dakota Electric will be holding a facility 14. ADJOURN MOTION by Cordes, second by Soderberg to adjourn at 10:05 p.m. APIF, MOTION CARRIED. Respectfully submitted, 7~~ ?-/7~ Cynthia Muller Executive Assistant