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HomeMy WebLinkAbout09.20.99 Council Minutes COUNCIL MINUTES REGULAR September 20, 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 MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduction - Ehlers & Associates Ehlers & Associates has been selected as the new financial advisor for the City. Mr. Rusty Fifield, of Ehlers & Associates, was in attendance and introduced to Council. 6. CITIZEN COMMENTS a) Traffic Concerns - Mr. Tom Poseley Mr. Poseley had expressed his concerns at the September 7, 1999 Council Meeting regarding the intersection at 190th Street and CSAH 31. Staff has sent a response to Mr. Poseley. Mr. Dick Graelish, 1020 3rd Street, thanked the Police Department for assisting his friend. Mr. Richard Pietsch, 5624 Upper 182nd Street, had a traffic concern in Hill Dee. He would like to see speed bumps or stop signs on Upper 182nd Street by Euclid Street. Cars are speeding and racing down'the hill. He is concerned children will be hit. The Police Department will investigate and respond. Mr. Erwin Hagen, 19643 Akin Road, stated they were in the left turning lane on Pilot Knob and a car went through the stop sign on 190th Street. He wanted to document the situation. Mr. Tony Cassens, 5638 Upper 182nd Street, stated in addition to what Mr. Pietsch stated, when the school bus is stopped, cars are going around the stop arm on the bus. He is Council Minutes (Regular) September 20, 1999 Page 2 concerned about children having to cross the street. The Police Chief replied the school bus driver can report the stop arm violation and a citation will be issued. Mr. Al Corrigan, 19715 Akin Road, is concerned about cars passing on the right on Akin Road. He realizes the road is still owned by the County, but would appreciate anything that could be done. The Police Chief replied there are no passing on shoulder signs on Akin Road. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (9/7/99) (Regular) and (8/18/99) (Special) b) Approved Infrastructure Improvements - Linden Street c) Adopted RESOLUTION R85-99 authorizing disposal of obsolete City equipment d) Adopted RESOLUTION R86-99 approving application landfill abatement funding e) Adopted RESOLUTION R87-99 accepting U.S. Justice Department COPS Grant f) Approved agreement amendment - police dispatch services g) Approved Joint Powers Agreement East Metro Narcotics Task Force h) Approved Assessment Agreement/sewer hook-up - CR72 project i) Received information capital outlay - Parks and Recreation j) Received information capital outlay - Fire Department k) Received information school and conference - Fire Department I) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Variance Appeal- Bible Baptist Church The Bible Baptist Church has filed an appeal to the decision of the Planning Commission to grant a sign variance to permit a new church sign to be located adjacent to the church's parking lot at 19690 Akin Road. The initial request was for a six foot x ten foot sign to be located on a five foot base. This variance request was denied as a result of a 2-2 vote by the Plan..r1ing Commission. The current variance requested by Bible Baptist Church was to allow for a five foot x eight foot sign on a three foot base to be located fifty feet from the center-line of Akin Road and that the sign be internally illuminated. The Planning Commission voted to approve a variance subject to the following: The size of the sign be limited to five feet x eight feet. The maximum height of the sign be limited to six feet which would reduce the height of the base to one foot. Illumination of the sign would be permitted between the hours of7:00 a.m. to 10:00 p.m. The sign be placed no closer than fifty feet from the centerline. Council Minutes (Regular) September 20, 1999 Page 3 The ordinance does allow for a sign size of75 square feet. The ordinance also calls for setback requirements of 50 feet. The proposed sign is ten feet off the right-of-way. With the sign size they are requesting, which is 50 square feet, they are encroaching on the setback requirement and on the requirement that prohibits the illumination of si~s in residential areas. Mr. John O'Sullivan, Chairman of the Deacons and a Trustee of Bible Baptist Church, stated the church is petitioning to overturn the Planning Commission's sign variance decision. He stated the restrictions placed on the church are not consistent with the current sign ordinance and previously granted variances for other illuminated signs. The current sign was damaged by a hit-and-run car and since then, the church has been investigating different types of signs. The Church's appeal is requesting: Unrestricted illumination of the proposed sign. A sign size of five feet by ten feet. A minimum sign base of three feet. The $150 appeal fee be waived. Mr. O'Sullivan gave a presentation showing where the sign would be placed and the type of sign requested. Regarding illumination, the church is proposing to install a back lit sign to make it more aesthetically pleasing and reduce glare. It would be lit all night, as their current sign is. The sign would be a double-faced sign, with eight-inch letters to allow the sign to be read from Akin Road at a speed of 50 mph. The placement is north of the current sign, and below the grade of the road. The MaYGr was concerned with the placement being too close to the fire hydrant. Mr. O'Sullivan stated there would be no problem with moving the sign over a few feet, as it would still be below the grade of the road. Mr. Bruce Connor, 5170 192nd Street, stated he was instrumental in installing the current sign. The sign was installed at the current location due to trees, but the location is poor. The trees have now been removed so the location could be moved over. The requested sign is smaller than the current sign. The Planning Commission's main concern was the height of the sign. The commission assumed the sign was one foot higher than the grade of the road, when actually it is lower than the road. The Middle School now uses larger letters on their sign so it can be read from the road. Mr. Marv Wier, 808 3rd Street, asked if cars on the road coming from both directions can see cars in the driveway for the sign. The church has done a study and staff also investigated the situation and found no sight problems. Mr. Tom Hoyer, 19687 Akin Road, asked what the wattage of the bulbs is and the type of bulbs. The sign is largely a white sign with black letters. Perhaps it could be done more aesthetically and not so glaring. Residents do not want an obnoxious sign across'the road from them. The church has been given a variance concerning the setback from the road. It is ok to give the church an inch, but not a Council Minutes (Regular) September 20, 1999 Page 4 mile. He would like it investigated further. Councilmember Strachan asked Mr. Hoyer's opinion of the current sign. Mr. Hoyer stated he felt the current sign is fairly obnoxious and is quite a ways from his house. He thinks the sign could be done more pleasing and more friendly to the neighbors. Councilmember Cordes asked if the wattage of the bulbs can be restricted. Staff replied exterior lighting is based on how far the light will be cast, and that information is not available on this sign. Mr. AI Corrigan, 19715 Akin Road, thought an agreement was reached with the Planning Commission. Asking for a height of eight feet is obnoxious. It is impossible to tell it is not a church. If they want the sign lit, leave the current sign there, as that has been approved. He has looked at other church signs and they do not have so much information on them, and the highest is 6' 4", all others are smaller and shorter. Mr. John O'Sullivan stated they currently use a direct light that is on all night. They have the same type of lighting for the American and Baptist flags. The church wants something more aesthetically pleasing that does not have a lot of light spill over. They would like something similar to the schools. The appeal is not so much about illumination, but being consistent and r(;asonable with what is already in the community. The Mayor replied he is sure if anyone in the future should have a problem, the church is there to accommodate, not make enemies. Mr. O'Sullivan replied that is correct, they are a church. Councilmember Strachan stated there are two ways to go at this. It is one thing to impose something from a governmental entity and the second is that it is a church and they want to be a good neighbor. He agrees with Mr. Hoyer, that he would not want a buzzing sign next to his home either. However, as a church he would like some assurance that that is not going to happen. Mr. O'Sullivan stated if the Middle School sign is not offensive to the neighbors, then this sign should not be either. Councilmember Soderberg stated in driving arormd the community, he has noticed back lit signs are more appealing than spot lit signs. The Middle School sign actually casts a shadow into the ditch. The white part of the sign being requested by the church is approximately 3 1/2 feet and it sits below the grade of the road. Mr. Erwin Hagen, 19643 Akin Road, stated the church is very well lit and the parking lot, which it should be. But he sees no reason to have the sign lit all night. If people are interested, they will look at the sign even if it is 10 feet off the road. He would li~e to see the sign further off the road and not lit all night. No one is interested in the sign at midnight. Mr. AI Corrigan, 19715 Akin Road, stated the size of the letters was brought up and the letters being too large for an eight foot sign and the speed limit being 50 mph. A sign will be put in for a number of years based on a 50 mph speed limit which we assume will be lowered and the letters will be designed for 50 mph. Council Minutes (Regular) September 20, 1999 Page 5 MOTION by Strachan, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. Councilmember Strachan asked City Attorney Jamnik the placement in terms of the fire hydrant can be made a condition of any approval of the appeal. Can the illumination be reviewed at a predetermined point in case residents do have a problem? City Attorney Jamnik replied it has to be addressed at the time of issuance. An approval cannot be conditioned on subsequent approvals or objections by neighbors. Councilmember Strachan asked if Council cannot say that in the judgement of the City Engineer or Councilmembers that we can place a time restriction at that point if necessary. Attorney Jamnik replied no, because the conditions are being s<:t at this point. With a six-month review and then modifying the terms and conditions, for instance, if the church undertook the improvement at a considerable expense, he does not know how that would be effectively enforced to withstand a challenge. The Mayor asked if there was anything in the ordinance addressing this issue. Attorney Jamnik replied if the applicant agrees to accommodate neighbors subsequently, that is one thing: But to put it as a term and condition of the variance does not work very well. Councilmember Soderberg stated in the ordinance for illuminated signs, it does state they have to comply with glare standards for exterior lighting. This particular sign does comply with that standard. MOTION by Strachan, second by Soderberg to approve the appeal of the church, overturning the decision of the Planning Commission, with consideration of the fire hydrant. Voting for: Ristow, Cordes, Soderberg, Strachan. Voting against: Verch. MOTION CARRIED. MOTION by Cordes, second by Strachan to deny the request to waive the appeal fee. Voting for: Ristow, Cordes, Strachan, Verch. Abstaining: Soderberg. MOTION CARRIED. 9. AWARDOFCONTRACT' 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Approve Proposed Agenda - Legislative Meeting Council has scheduled a special meeting with the City's legislative delegation on October 6, 1999 to discuss several issues and concerns affecting local government. A proposed agenda was reviewed and Council will respond to staff. b) City 2020 Comprehensive Plan - Met Council Review Update The City received a letter from the Metropolitan Council concerning the completeness of the Farmington 2020 Comprehensive Plan Update. Sections requiring additional information include aviation, housing, transportation, surface Council Minutes (Regular) September 20, 1999 Page 6 water management, sewers, water supply plan and land use and implementation. Planning and Engineering staff will compile the requested information. 12. NEW BUSINESS a) Adopt Ordinance - Grading Permits A proposed ordinance amendment was prepared that would eliminate several procedural redundancies in the case when Developers request a conditional use permit for grading subsequent to preliminary plat approval. Obtaining a conditional use permit for grading requires an additional step in the development approval process by requiring a public hearing for the Conditional Use Permit, in addition to the public hearing required for the Preliminary Plat. If the Developer does not obtain a Conditional Use Permit, he is required to wait until the Development Contract is in force before grading. Grading approval could be considered during the public hearing for the preliminary plat. Conditions included for the preliminary plat to allow grading would include approval for the permit is contingent on approval of the grading plan by the City Engineering Division and that the Developer grades the site prior to approval of street and utility construction plans at the Developer's own risk. The Planning Commission recommended to continue to allow opportunities for conditions to be set on the plat and grading plan. They also suggested to separate the comments for the preliminary plat and grading plan in both the staff report and during the discussion period at the Planning Commission and City Council in order to insure that both topics are discussed thoroughly. MOTION by Soderberg, second by Verch adopting ORDINANCE 099-437, amending Title 3, Chapter 22- Exemptions from Excavation Permits with the above conditions. APIF, MOTION CARRIE!). b) Authorize Negotiations - Township Fire Contracts At the Council Goal Setting Workshop, Council agreed to revising the Township Fire Contracts to address additional factors in the charging formula. The formula uses the actual costs incurred by the City of Farmington for fire and rescue operations for a given year, a constant for depreciation of buildings and equipment, the actual number of calls and the tax capacity valuations for the covered areas. Representatives of the townships have expressed an interest in redefining the formula to include other components, such as population. MOTION by Strachan, second by Cordes authorizing the Finance Director to negotiate with township representatives to modify the fire contract charging formula. APIF, MOTION CARRIED. c) Consider HRA Board Composition Mayor Ristow and Councilmember Cordes have announced their intention to resign their appointments to the HRA Board effective December 31, 1999. It was also suggested that Council consider whether to further reduce the number of Councilmembers that serve on the HRA Board. Council was asked to consider whether it wishes to further modify the composition of the Board to include additional citizen appointments. The options would be to reduce the Board Council Minutes (Regular) September 20, 1999 Page 7 positions held by the Mayor and/or Council from two to one or two to zero. MOTION by Soderberg, second by Cordes to amend the Oldinance to include one Councilmember and one additional citizen. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) CSAH 31 Street Light Concerns The Council had inquired as to the possibility of installing street lights along CSAH 31 in the vicinity of 187th Street. Staff is continuing to research this issue with the County and will update the Council as information becomes available. Councilmember Strachan: Had the first School District Task Force meeting Wednesday and it went well. The Farmington Comprehensive Plan will be presented at the next meeting. Councilmember Soderberg: Noticed counters on Pilot Knob and Akin Road and County Road 50. He asked if results of the traffic study have been received. City Engineer Mann replied the County placed the counters, and there are other components to the study that need to be considered before results are final. A citizen living north of the Middle School expressed her thanks to Lee Mann and Jerry Auge for a crosswalk from the development to the Middle School. However, since then there have been violators of the crosswalk. The citizen asked if speed limit signs could be posted or have the speed reduced. A patrol car was also requested during the times school is out. Councilmember Verch: He noticed Burnsville had speed humps three feet wide. He was wondering if staff could contact Burnsville to see how they work. Staff will investigate. City Administrator Erar: The Cable TV Joint Powers Agreement with Apple Valley and Rosemount has been approved by both cities. They will be moving forward with posting the coordinator position. Community Development Director Olson: A groundbreaking has been scheduled for September 23, 1999 for Dalsin Manufacturing. 14. ADJOURN MOTION by Cordes, second.by Strachan to adjourn at 9:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, !?-~z5~~;.~ /??~<~c:?J C/Cynthia Muller Executive Assistant