Loading...
HomeMy WebLinkAbout10.04.99 Council Minutes COUNCIL MINUTES REGULAR October 4,1999 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, City Attorney Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclamation Recognizing VFW 100th Anniversary Mayor Ristow signed a proclamation proclaiming September 29, 1999 VFW Day. 6. CITIZEN COMMENTS a) Traffic Concerns - Mr. Rich Pietsch b) Traffic Concerns - Mr. Tony Cassens c) Traffic Concerns - Mr. Erwin Hagen d) Traffic Concerns - Mr. AI Corrigan Staff sent a written response to the above residents. 7. CONSENT AGENDA MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (9/20/99) (Regular) b) Adopted RESOLUTION R88-99 Accepting Safe and Sober Grant c) Adopted RESOLUTION R89-99 Disposal of Obsolete City Equipment d) Adopted RESOLUTION R90-99 Accepting Donation to the Senior Center e) Adopted RESOLUTION R91-99 Approving Grant Application Metropolitan Regional Arts Council f) Approved Appointment Recommendation - Community Development Department g) Approved Bills APIF, MOTION CARRIED. Council Minutes (Regular) October 4, 1999 Page 2 8. PUBLIC HEARINGS a) 1999 Seal Coat Project Assessment Hearing The 1999 Seal Coat project has been completed. Streets in Dakota County Estates, Deer Meadows 1 st and 2nd and areas in downtown F annington were seal coated. Staff calculated the proposed assessment amdunt for the 1999 Seal Coat project to be $55.55 per buildable lot. The total amount to be assessed to benefiting properties is $20,775.70. The City's portion of the project cost is $30,652.85 and will be funded through the Road and Bridge Fund. Staff received a letter from Ms. Diane Phillips, Shakopee, MN, objecting to the seal coat assessment. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R92-99 adopting the assessment roll for the 1999 Seal Coat project. APIF, MOTION CARRIED. b) Adopt Resolution - Levy Certification Rate Increase This Public Hearing was mandated by the change to the 1999 tax law in Minnesota. The legislature chose to insert another public hearing in the truth in taxation process. This hearing is to notify residents that the levy amount, not the tax rate, that the City has preliminarily chosen for the pay 2000 year is higher than the dollar levy amount that was levied in 1999. This dollar levy is a 4.3% increase over the 1999 net levy. Since there is more taxable value in the City in 2000, due to the household and market value growth, this dollar levy results in a reduction of the Tax Capacity Rate from 33.07% to 32.00%. MOTION by Soderberg, second by Verch to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R93-99 authorizing the County Auditor to certify a property tax rate higher than that rate computed under Minnesota Statute 204B.135. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) CSAH 31 Fence Project Request Staffhas received inquiries from residents along CSAH 31 regarding the installation of a fence along CSAH 31. Staff recommended a neighborhood meeting be held with interested residents to determine if the residents wish to petition the Council to initiate a fence project. All of the project costs would be assessed directly back to the benefiting property owners and all property owners wishing to be part of the project would need to sign an assessment agreement. Issues such as the type of fence would be discussed at the neighborhood meeting. Existing fences would remain unless the owner wants a change. Mr. Rich Johnson, 5108 192nd Street, asked if it wouldn't benefit the City to have some parameters regarding the aesthetic control? He thought the City would want to be involved in this whether they are funding it or not, so there is a consistency in fences. The Mayor replied that was the intention from the previous public hearings, so there would be a consistent type of fence. Council Minutes (Regular) October 4, 1999 Page 3 MOTION by Cordes, second by Ristow authorizing staff to hold a neighborhood meeting with property owners along CSAH 31 north of 195th Street to discuss a possible fence project. APIF, MOTION CARRIED. b) Set Workshop Date - Parking Issues Staff requested that a Council workshop be scheduled to discuss various parking issues in the City. The operational difficulties associated with on-street parking, especially during snow emergencies, have negatively impacted various city operations. At the workshop, staff will present the issues to Council and outline the problems being experienced. October 20, 1999 was set for a workshop to discuss parking issues and the CIP. 11. UNFINISHED BUSINESS' a) Approve Findings of Fact - Bible Baptist Church Appeal Staff presented the Findings of Fact for the approval of Appeal filed by Bible Baptist Church of the August 10, 1999 decision of the Planning Commission regarding a variance from the setback and illumination requirements for church signs in the R-l zone. Residents in the vicinity of the church also submitted a written response to the previous Council decision, requesting that the Council reconsider its previous action to grant the appeal. Mr. Al Corrigan, 19715 Akin Road, asked Council if there were any questions regarding their letter. If the base of the sign was adjusted to 1 foot, residents would be happier. Other signs of this type in the community are not near residents. The residents will be looking at a sign eight feet high just so the church can change the letters. The height will be 2 feet 4 inches higher than the current sign. Mr. Corrigan would like the lighting turned off at 10 p.m. Mr. Troy Corrigan, 19691 Akin Road, felt the sign is way too large and will be more visible than what they have now. He would like the Council to reconsider their previous action. Mr. Bill Veeninga, Bible Baptist Church, when the Church presented their appeal, they were looking for consistent and reasonable consideration based on the ordinance in place today. The likelihood the sign will be lit all night is not great, but the church would like to have discretion as to lighting. The sign is not going to be broad faced across from the neighbors, they will see the side of the sign. Mayor Ristow asked staff if the sign will be 2 1/2 feet above the road? Staff checked elevations and the bottom of the sign would be roughly even with the centerline of the road, with the top of the sign approximately 5 feet higher than the centerline. Mr. Al Corrigan, stated he doesn't disagree with elevations from the center of the road, he worked from the edge of the road, and the sign will still be almost 4 feet higher than the old sign, because of the 3 foot base. He felt a sign company could develop a way to open the sign to change the lettering without the sign being on a 3 foot base. Council Minutes (Regular) October 4, 1999 Page 4 MOTION by Soderberg, second by Cordes approving the Findings of Fact in support of the granting of the appeal filed by Bible Baptist Church. Voting for: Ristow, Cordes, Soderberg. Voting against: Verch. MOTION CARRIED. b) Annexation by Ordinance - Benham Property The City Council held a public hearing on this annexation petition on September 7, 1999 and the public hearing was closed. Action on this request was continued for 30 days to allow for a review of the condition of the Individual Sewage Treatment Systems on the property as well as the extent of the storage of equipment and other items on the property. City staff inspected the two ISTS(s) on the property and found both systems would be considered failed systems and one may be classified as an imminent threat. If the City annexes the property, the property owner would be required to bring the system into compliance. Also discussed with Mr. and Mrs. Benham was the exterior storage of equipment and other items. They would not be able to remove equipment from the property until they sold it and purchased another property. Mr. and Mrs. Benham indicated that it would make sense for them to wait until they had a purchase agreement and make annexation of the property a contingency of the purchase agreement. Mr. Gil Anderson, Edina Realty, representing the Benham's, confirmed their request to withdraw the petition for annexation. Council acknowledged Mr. and Mrs. Benham's request to withdraw their petition for annexation at this time. c) Henderson Storm Sewer Project - Neighborhood Meeting Update Staff held a neighborhood meeting for the Henderson Storm Sewer Project on September 29, 1999. The residents were not in favor of the project. Questions raised by residents at the meeting were discussed. Currently City staff has to pump the water from the area of Hickory Street between 7th and 8th Streets after a heavy rain. Councilmember Cordes stated it does not make sense to reconstruct the road without putting in a storm sewer. If the residents do not want the project, it should not be forced on them. She did request staff keep track of hours spent on maintenance in this area. She would also like staff to see if the Henderson project could be incorporated in the Ash Street project. MOTION by Cordes, second by Soderberg to not move forward with the project, and remove it from the CIP with the above conditions. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Nelsen Hills 2nd Addition - Infrastructure Issues During an investigation of a sewer backup in Nelsen Hills Farm 2nd Addition, it has been determined that a length of sewer pipe in Euclid Path needs to be removed and replaced. There is a severe sag between Manhole 5 and Manhole 6. In order to repair the sewer line, the entire length of sewer pipe between the subject manholes will need to be removed and replaced which will include removal and replacement of the street section in the repair area. The quotation staff received from Redstone for the sewer repair is in the amount of $64,448.20, Council Minutes (Regular) October 4, 1999 Page 5 which falls within 25% of the original contract amount. Staff recommended that the City contract with Redstone Construction for the sewer repair on Euclid Path and complete the repair this fall. The cost will be funded out of the Sanitary Sewer Fund. MOTION by Cordes, second by Soderberg to approve the change order to the Prairie Creek Storm Sewer Project in the amount of $64,448.20 to Redstone Construction Company for the repair of the sanitary sewer on Euclid Path. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Traffic Counts on CSAH 50 and Pilot Knob Road The County studied six intersections along CSAH 31: CSAH 50, 195th Street, 193rd Street, 190th Street, Elk River Trail and 180th Street. The County's findings indicate that the intersection with CSAH 50 meets warrants for a traffic signal. None of the other intersections meet warrants for a signal at this time. The estimated cost of the traffic signal at CSAH 50 and CSAH 31 is $170,000. The City would be responsible for 50% of the cost or approximately $85,000. Mr. Mark Yakich, 5124 192nd Street, would like a stop light on CSAH 31 and 195th Street because of Akin Elementary School. With the stop light at CSAH 50, more traffic will be using CSAH 31. Staff will request the County look at the study yearly. Mr. Rich Johnson, 5108 192nd Street, Akin Road is deadly at night and stop signs are needed at 193rd and 195th Streets. He asked if the issue could be addressed before the County returns the road? Could the cost be split between the County and City for stop signs? Staff replied a feasibility study is proposed in the CIP for 2000. Akin Road will be studied in 2000. b) 20Sth Street Traffic Concerns At the September 20, 1999 City Council meeting, several traffic concerns regarding 208th Street and the Middle School were forwarded to staff. It has been indicated by the school that vehicles are not stopping for pedestrians in the crosswalk. There will be additional police enforcement as schedules allow and staff will include an article in the newsletter reminding citizens of traffic law in regards to pedestrians in crosswalks. Staff will also review the existing signage for possible modifications. Traffic studies need to be completed in order to address the school speed zone and traffic signal issues. Staff will meet with representatives of the Middle School on October 7, 1999 in order to review the issues and outline a plan to move forward with the traffic studies. Mr. Rich Johnson, 5108 192nd Street, stated he would also like to see a stop light at 195th and Akin Road. Children in the area have bikes and feel captive because they cannot ride them because of all the traffic. Mrs. Kim Soderberg, ~312 Fairview Lane, stated since the county cannot do anything on Akin Road, if the School Board wishes the City to proceed with a stop light at 208th and Akin Road, who is responsible for the costs? The Mayor replied the school would reimburse the City. Staff replied some of these items Council Minutes (Regular) October 4, 1999 Page 6 could be negotiated as part of the turnback agreement. While the City can negotiate with the County on the turnback, the County can just turn the road back to the City. Police Chief Siebenaler stated a study for a stop light at 20gth and Akin Road would permit easier access by the buses onto Akin Road. However, a stop light at that intersection will probably hinder more than help bus movement. Mr. Chaz Johnson, 5550 Euclid Way, stated whatever the sign cost is, it is minimal to someone's life. Mr. Marv Wier, 808 3rd Street, stated he drives a school bus on many of these roads. He hears people saying children are crossing or playing in the road. The road is for cars, not a playground. He sees bicycle jumps in the middle of the road, and does not feel that is very responsible. Akin Road can be driven safely with very little traffic, except for two hours in the morning and afternoon. c) Speed Humps Council requested that staff research the use of speed humps as an option to address speeding concerns in the City. Staff contacted Burnsville regarding their use of speed humps. Burnsville's experience and reasoning for installing speed humps was to discourage short cuts through neighborhoods to avoid County Road 42 traffic lights. City Administrator Erar: The Community Expo will be held Saturday at the High School. The computer auction will be held Wednesday - Saturday. Mayor Ristow: Cancer Awareness Week was proclaimed at the hospital for October 4 - 8, 1999. He received a letter from Sheriff Gudmundson complimenting the Police Department on a facilities problem. He received a letter from the Met Council stating flow rates have dropped. There will be an open house at the new Middle School Sunday. 14. ADJOURN Council adjourned into Executive Session at 9:20 p.m. Respectfully submitted, /? -.,/ ,-::::::',- 1?~ -:;::0" /57/'?~'C-~C4:' / 7 ~Zad v Cynthia Muller Executive Assistant