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HomeMy WebLinkAbout09.07.99 Council Minutes COUNCIL MINUTES REGULAR September 7, 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 None City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROVE A GENDA Councilmember Strachan pulled item 7a) Council Minutes 8/16/99 so he could abstain from voting. MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim Pollution Prevention Week September 20-26, 1999 was proclaimed Pollution Prevention Week. 6. CITIZEN COMMENTS Mr. Tom Poseley, 18914 Euclid Path, stated his wife was in an accident at 190th Street and Pilot Knob Road. He would like to see something done with that intersection. He talked to the Dakota County traffic manager and was told a study had to be done and maybe something could be done in two years. Mr. Poseley stated he would like to see something done before someone is killed. Staff stated the Police Department is sending every accident report to the County Highway Department. Unfortunately, accident experience is what it will take to have something done. The City needs County permission for any type of traffic control. An increase in the number of accidents, amount of traffic, and number of requests are the things that could warrant a study. Staff will send a response to Council and Mr. Poseley, and also suggested Mr. Poseley should contact the County Commissioner. a) Mr. Dick Graelish - Sidewalk Reconstruction Concerns Mr. Graelish was happy with the response from staff. b) Everest Path Speed Survey Mr. Brad Beggs, inquired as to the results ofthe survey and the times the survey was conducted. Councilmember Strachan asked if staff can do some direct patrol in that area. Staff replied numerous hours have been spent patrolling the area and Council Minutes (Regular) September 7, 1999 Page 2 with minimal results. Mr. Beggs stated he was not interested in a study, he would like tickets written to stop the speeding. Councilmember Cordes replied the study was done to see if some type of traffic control was warranted. The study showed it was not. Staff stated regardless of the number of tickets issued, there will be violators. Mr. Beggs would still like a stop sign. 7. CONSENT AGENDA MOTION by Cordes, second by Soderberg to approve the Consent Agenda with item 7a) pulled, as follows: b) Acknowledged City participation in County Auction c) Acknowledged Customer Satisfaction Report (The Mayor complimented Staff for the high percentage marks for customer satisfaction) . d) Received information on trail maintenance - Parks and Recreation Department e) Authorized 1999 audit engagement - Finance Department f) Received information on schools and conference - Fire Department g) Approved bills APIF, MOTION CARRIED. a) MOTION by Soderberg, second by Cordes to approve Council Minutes (8/16/99) (Regular). Voting for: Ristow, Cordes, Soderberg, Verch. Abstain: Strachan. MOTION CARRIED. 8. PUBLIC HEARINGS a) Autumn Glen Conditional Use Permit - Grading Permit Arcon Development has submitted a grading plan for the proposed Autumn Glen residential development. The Developer proposes an overall development of 153 single-family residential lots on approximately 102.86 acres ofland east of the Akin Park Estates and Limerock Ridge subdivisions. The Planning Commission recommended approval of the Conditional Use Permit upon conditions that the construction start time begin no earlier than 8 a.m. on Saturdays and 7 a.m. Monday through Friday. The permit is also contingent on approval of the grading plan by the City Engineering Division; the Developer grades the site prior to approval of street and utility construction plans at the Developer's own risk; the permit is not valid and grading cannot commence until the required surety is posted and the appropriate fees are paid by the Developer; all of the information required by the Excavation, Grading and Mineral Extraction Information Sheet should be submitted prior to City Council approval of the permit. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderherg to approve the Conditional Use Permit for Excavation, Grading and Mineral Extraction for Arcon Development, Inc. contingent on the above items. APIF, MOTION CARRIED. Council Minutes (Regular) September 7, 1999 Page 3 b) Annexation by Ordinance - Benham Property The City has received an annexation petition from Lowell and Janet Benham to annex approximately 1.88 acres currently in Empire Township. The subject property is completely surrounded by land within the municipal limits which is one of the requirements of Minnesota Statutes for annexation by ordinance. Staff has concerns with the condition of the property in regards to the type and extent of non-operable equipment and items currently stored on the property. The City would also like to determine the status of the existing Individual Sewage Treatment System on the property to determine whether it complies with the City's ISTS ordinance requirements. Staff recommended that the public hearing on the annexation petition be closed, but that action on this request be continued for 30 days, pending review of specific site issues. Mr. Tim Giles, Glenview Townhomes, inquired what will happen to the frontage road when property is annexed. Staff replied the City will have to look at options of running the frontage road to County Road 72. Currently the agreement with MnDOT states the frontage road will be closed off, so the road will have to be reconfigured to make the intersection meet the required safety standards. Mr. Ed Humensky, 70J Main Street, asked what the City's long term thoughts are on development of the property. He stated it is a dangerous intersection and the speed of traffic is increasing. He would like to know if it will be zoned for business or commercial. The Mayor stated this hearing is only for annexing the property into the City and this issue will be addressed at a later time. MOTION by Strachan, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. The issue will be brought back to the October 4, 1999 Council Meeting. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Autumn Glen Preliminary Plat Arcon Development has submitted a Preliminary Plat for the proposed Autumn Glen residential development. The Developer proposes 153 single family lots on approximately 102.86 acres east of the Akin Park Estates and Limerock Ridge subdivisions. The property is zoned R-l Low Density Single-family residential and requires a minimum lot size of 10,000 square feet and a minimum lot width of 75 feet. The Developer is proposing house and lot packages with values between $140,000 to $200,OOO.with a mixture of full basements, full walkout, split-entry and split-entry waJkouts. Arcon Development has requested that the City convey Outlot D to Arcon so the outlot may be used for future homebuyers. Outlot D was conveyed only to be used by the City exclusively for the installation of Trunk Sanitary Sewer. The Council Minutes (Regular) September 7, 1999 Page 4 City will need to convey the outlot back to the State and the State will need to reconvey the outlot back to the City and eventually to Arcon for future lots. The topography on the property is relatively flat in the central and eastern portions of the site, while the western edge of the site consists of slopes over 20% in grade. Staff determined that the ridgeline should be designated as an outlot on the plat and dedicated to the City in order to protect the slope and vegetation in this area. . MOTION by Soderberg, second by Strachan to adopt RESOLUTION R83-99 approving the Autumn Glen Preliminary Plat contingent on eight items listed in the resolution. APIF, MOTION CARRIED. b) Planning Commission Appeal - Bible Baptist Church The Bible Baptist Church submitted a letter indicating their intention to appeal the decision of the Planning Commission at their August 10, 1999 meeting. The Planning Commission approved a variance for a sign to be located within the required setback of Akin Road, but included limitations on the height of the proposed sign and restricted the hours the sign could be lit. A public hearing to consider this appeal has been scheduled for the September 20, 1999 City Council meeting. c) Request to Modify Conditions of Approval- East Farmington 5th Addition Final Plat Sienna Corporation has submitted a letter requesting approval to modify one of the conditions contained in the resolution approving the Final Plat for East Farmington 5th Addition. This condition prohibited occupancy of any of the lots in the 5th Addition until the grading and utility work is completed for Outlots D,E,F, and G. Both Sienna Corporation and several builders are seeking occupancy of these newly constructed homes in the 5th Addition prior to the completion of grading and utility work in the 6th Addition. The completion of grading work and utility work for the 6th Addition is approximately 60 days behind schedule. Staff supported occupancy of interior lots with street access onto Walnut Street, but grading activity would be in the rear yards or adjacent to them. Staff was opposed to recommending occupancy of the corner lots due to concerns associated with access, resident parking, and grading and utility work not yet completed on 12th, 13th, and 14th Streets. This would be a deviation from the City's policy of requiring improved streets for access to occupied homes. Mr. Rod Hardy, Sienna Corporation, stated there are three conditions they are faced with. There are houses that access Walnut Street. There are five other houses, two of which access and have utilities from Walnut. The other three houses access off the side streets. His purpose was to strongly petition for occupancy for the interior lots, to comment on conditions of the corner lots, and to find a solution for the third party buyer. The side streets contain class 5 material Council Minutes (Regular) September 7, 1999 Page 5 to provide access to the homes. However, when the final road is put in, there will be a period of time when the driveways cannot be accessed. Mr. Tim Giles, T.C. Construction, stated the City approved the model homes, correct? By approving the model homes a Certificate of Occupancy is granted in order to show them. By not being able to access the garage, the garage is limited to storage. All the front doors abut Walnut and all meet safety standards. These homes have been sold and the owners have no where to go because of the closing date. The clients are willing to sign a document saying they will not use the garage. Staff replied the homes were approved as models and not designed for occupancy. The builders and realtors should not have sold the property. The realtors put their clients at risk by selling the homes. Staff inquired when the utilities and first lift will be installed on 12 ,13th, and 14th Streets. Mr. Hardy replied the schedule says between October 11-18, 1999. Staff replied schedules are pieces of paper they do not set a specific time frame. Those roads could be dirt until next spring. Other homes abutting these streets could be constructed and other developers could come to Council saying you allowed the corner lots to be occupied knowing their driveway access would be to a dirt road. During the time the driveways cannot be accessed, the cars will be parked on Walnut Street. Councilmember Cordes stated she is concerned with the three corner lots on 13th and 14th Streets. She asked what would Council do if the lots are not finished? Mr. Hardy replied they are under contract and the City has a Letter of Credit covering those improvements. He advised at the time of occupancy the builder post $2700 with the City which would cover the cost of putting in the curb and paving so the owners have access. The cost would cover paving half the road with curb and gutter. Councilmember Cordes stated there have been contractors and builders coming to Council asking them to change the contracts. She is willing to allow occupancy because she feels sorry for the owners, but she does not want to see this happen again. Mr. Hardy replied we are in this as partners and things change all the time. Mr. Charlie Unger, Realtor, was there to represent his client. The client has no where to go if they cannot get in the house. They understand there will be construction around the home. Mr. Unger stated he had no knowledge of the situation and understood the builder had no knowledge until late last week. The closing is set for September 23, 1999 and if occupancy is not allowed, they do not have money to go somewhere else. Mr. Paul Yowsie, Realtor, also has clients ready to move in. He inquired if the clients could talk with the staff members. The Mayor replied if this is agreed on, it would need to be done legally to protect the City with some type of surety. Council Minutes (Regular) September 7, 1999 Page 6 The City Attorney stated the City can get close to eliminating the risk, but cannot eliminate the risk entirely. A babysitter, or anyone who comes to the home has not signed the waiver. If they should fall, or a car is damaged by equipment, a suit could be filed against everyone. MOTION by Strachan, second by Cordes to approve a Temporary Certificate of Occupancy for Block 1 Lots 1 and 2; Block 2 Lots 1,2,3; Block 3 Lots 2,3,4 with a signed waiver. Voting for: Ristow, Cordes, Strachan, Verch. Voting against: Soderberg. MOTION CARRIED. ~ Lt! n/l . ) ~ /~/ICi5 91 MOTION by Cordes, second by Strachan to approve a Temporary Certificate of Occupancy for Block 2 Lot 4; Block 3 Lots I and 5 with a signed waiver and a surety calculated by the City Engineer. Voting for: Ristow, Cordes, Strachan. Voting against: Soderberg, Verch. MOTION CARRIED. 11. UNFINISHED BUSINESS a) Consider Utility Easement Agreement - Arcon Development An agreement has been prepared with Arcon Development to allow the City to initiate condemnation of the easement on land owned by Progress Land Company to allow access to the City's trunk sanitary sewer line. Arcon Development agrees to reimburse the City all costs associated with condemnation of the subject utility easement. Arcon has tried to contact Progress Land, but has received no response. MOTION by Cordes, second by Soderberg authorizing execution of the agreement between Arcon Development to allow the City to proceed with condemnation of the necessary easement on land owned by Progress Land Company. APIF, MOTION CARRIED. b) Castle Rock Township - Revised Joint Powers Agreement As a result of further discussions with the City Council and Castle Rock Township representatives, the Joint Powers Agreement was amended with the deletion of language in the declaratory section of the agreement and has been signed by Castle Rock. MOTION by Cordes, second by Soderberg to adopt the revised Joint Powers Agreement, which will authorize the initiation of work on the new project feasibility report. APIF, MOTION CARRIED. c) Request for Filing Deadline Extension - Oak Place Townhomes Final Plat City code requires the developer record a final plat with Dakota County within 75 days of approval by the City Council. Mr. Colin Garvey, developer for Oak Place Townhomes has requested a time extension for recording the plat to December 31, 1999 to allow time to resolve an easement issue. MOTION by Cordes, second by Verch to approve the time extension for recording the final plat for Oak Place Townhomes until December 31,1999. APIF, MOTION CARRIED. Council Minutes (Regular) September 7, 1999 Page 7 12. NEW BUSINESS a) Adopt Resolution - Preliminary 2000 Tax Levy/Set Date - Truth in Taxation State statutes require a preliminary tax levy to be certified to the County by September 15, 1999. The proposed Tax Capacity Rate remains at 32%. Staff proposed the Truth in Taxation public hearing be held as part of the regularly scheduled City Council meeting on December 6, 1999. MOTION by Strachan, second by Soderberg adopting RESOLUTION R84-99 certifying the 2000 Preliminary Tax Levy to Dakota County and establishing December 6, 1999 at 7:00 p.m. as the City of Farmington's Truth in Taxation hearing for Tax Levy collectible in 2000. APIF, MOTION CARRIED. b) Consider Draft Council Policy - Council Workshops Council directed staff to draft a proposed policy on workshop purposes and protocols. It was determined that a formal policy on workshops was desired to establish some general guidelines relative to the scheduling, need and purpose of these special work sessions. MOTION by Soderberg, second by Cordes to adopt the Council Workshop Policy. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE' a) Farmington Townhomes - Site Control Issues An issue was raised concerning a possible rat infestation in the barn located on the proposed townhome site. Residents were concerned about rats being relocated to adjoining property as a result of the demolition of the barn. Upon investigation, no infestation was found. b) Joint City-School District Meeting (verbal) It was decided to have the meeting after February, when the school has concluded their Growth Planning Task Force. Councilmember Strachan: The first meeting of the Growth Planning Task Force will be September 15, 1999. If anyone has any input they should let him know. Councilmember Cordes: The house on the corner of Ash and 6th Streets has weeds in the ditch and asked who is responsible. Staff replied that is the owner's responsibility. A notice will be sent. Councilmember Verch: Thanked the Police Department for assistance with a traffic fatality. At the intersection of Pilot Knob and 190th, people still stop on Pilot Knob thinking there is a stop sign. He also inquired about lights between 187th and Elk River Trail. Missie Kohlbeck, was congratulated on her award for distinguished young citizens. City Administrator Erar: Regarding the Neilan property, staffhas had conversations with property owners across the street, who were told the Neilan property would be brought into MUSA. The Neilan property has not been brought into MUSA and will not be for 5-10 years. Owners that are being forced to update their failing septic systems, Council Minutes (Regular) September 7, 1999 Page 8 should not depend on the property across the street to provide sanitary sewer through MUSA. He was contacted by a resident regarding a snowmobile task force. Last winter a report was established stating the number of snowmobile incidents was minimal. A task force has not been established. Jim Bell stated the only problem is along Akin Road. Staff will meet with the Sno- Tigers in October to discuss the situation. Community Development Director Olson: Hosmer Brown now owns the Riste building. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, (/L7Va~~ )77,,-~c/ Cynthia Muller Executive Assistant